Copyright, Privacy, and Terms of Use

By using the websites freshnewengland.com and findnewengland.com (herein referred to as ‘Sites’) you accept these terms.

If you do not agree with any of these Terms and Privacy Policy incorporated here, please do not use these Sites. By using these Sites you will be deemed to have irrevocably agreed to the Copyright, Privacy and Terms of Use. Some areas of the Sites may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace the Copyright, Privacy and Terms of Use regarding use of the Sites, unless otherwise expressly stated.

Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Sites. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Sites. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Privacy Notice.

We do not sell or rent your personal contact information.

Fresh New England, LLC is the owner and operator of freshnewengland.com and findnewengland.com (herein referred to as ‘Sites’). The Sites respect your privacy and values your trust.

The Sites collect three kinds of information: (1) your voluntarily provided Personal Information; (2) Anonymous Non-Personal Information; and (3) “Cookie” Based Information.

Personal Information: The Sites do not automatically collect Personal Information, such as name, residential address, phone number, email address from its visitors. From time to time, the Sites will collect Personal Information that is voluntarily provided by its visitors in filling out directory submissions, event submissions, recipe and photo uploads, contest entry forms, giveaway forms and subscribing to newsletters, shopping and other activities. The Sites also sometimes uses email addresses that have been voluntarily provided by its visitors to respond to visitors who communicate with us, to inform winners of contests, giveaways or to allow newsletters, rss subscriptions and other services.

The Sites may collect and disclose such information in anonymous, aggregated and non-personally identifiable form to other parties for marketing, advertising or other purposes and to better understand visitor’s use of the Sites.

When you are browsing the Sites, please notice that we sometimes link to and partner with third party websites. These websites often have privacy policies that differ from our own. We recommend you review the privacy policies at third party websites to determine whether these policies are acceptable to you.

We may also provide information, where permitted or required by law, in order to enforce our rights or protect our property, as well as comply with court orders, subpoenas or other legal or regulatory requirements.

Legal Capacity.

This is a general audience Site for adults. We will assume (and by using these Sites you warrant that) you have legal capacity to enter into the agreement set out in these Terms.

If you are under 18 years of age, you should not use this Website or give any personally identifiable information on the Websites without the knowledge and permission of your parent or guardian. Some (parts of) the Sites might require Visitors to be at least 18 years of age, and some areas require Visitors to be age of majority to participate (contests, for example). This may mean that you will be unable to participate in some activities on this Website. You may not purchase items on the Sites unless you are at least 18 years of age and have your own credit card.

The Information You Give Us Must Be Correct.

To access the Sites or some of the resources they has to offer, you may be asked to provide registration details. It is a condition of using the Sites, you do so as yourself and that all the details you provide be truthful, correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Sites, or any of its resources and to terminate or suspend your account.

Electronic Use.

When you visit the Sites or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Payments and Contributions.

Contributions are not donations and are not tax-deductible. Contributions payments are not capital contributions or any other form of ownership payment. Contributions and payments are not loans that need to be repaid and are not subject to interest.

We do not provide refunds. Please make sure you are certain about any purchase before buying.

In the event that the Site is or the Sites are sold, all data will be transferred to the new site owner without payment to you.

Copyright.

All content included on the Sites, including but not limited to as content, design, text, attachments, graphics, logos, button icons, images, and video clips, is the property of Fresh New England, LLC or their respective owners and protected by United States and international copyright laws. You agree not to distribute our information without prior written consent from Fresh New England, LLC.

If you post or submit any material on the Sites, or submit materials to the Sites, you agree that you have publicly disclosed any intellectual property, idea, copyrightable material, invention or know-how posted and that you have granted Fresh New England, LLC a perpetual license to use, develop, copy and distribute such intellectual property, idea, copyrightable material, invention or know-how without any obligation, including the payment of royalties, or duty to you. By uploading an image to this site,  you are declaring that have approval to use the image. You are entirely responsible for securing rights of the content you upload.

We reserve the right to edit or modify any text or image submitted to the Sites.

 Prohibited Use.

You may not transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Sites that in any way affects their use, enjoyment or service, or adversely affects the Sites computers, servers or databases.

You may not capture, download, save, upload, or otherwise retain information and content available on the Sites other than what is expressly allowed by these Terms.

You may not copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Sites.

You may not breach the security of the Sites or corrupt the Sites in any way.

You may not use the Sites to violate a third party‘s intellectual property, personality, publicity or confidentiality rights.  If you believe your intellectual property rights have been infringed contact us via email at legal [at] freshnewengland [dot] com.

You may not post obscene, defamatory or illegal material on the Sites or e-mail such material using the site.

Community Rules.

When you use the Sites, you agree to be bound by the Community Rules. Otherwise, don’t use the Sites.

Monitoring and Removal of Content.

We have the right, but not the obligation, to monitor the content and use of the Sites, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.

You may not post, or send to any other Visitor or our employees, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property or proprietary rights or that would otherwise violate any law. You may not post material known to be false.

We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Sites, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

We reserve the right to shut the site down and remove it form the internet at any time, for any reason. If you have paid for a subscription on the site and the site is taken down for any reason, you will be refunded the pro-rated amount for your subscription.

We reserve the right to remove content, at any time, for any reason, even if a subscription was offered to you at no charge.

Third Party Content.

You acknowledge that Fresh New England, LLC does not pre-screen third party materials and is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Fresh New England, LLC. Fresh New England, LLC assumes no responsibility for those products or services.

You agree that your use of third party services and links available through the Sites is at your own risk.

You agree that your use of any linked sites, including your use of any content, products, advertising or other materials available through such linked site is at your own risk and is subject to the terms and conditions of use applicable to such linked sites and such materials.

Fresh New England, LLC Parties shall not be held liable for any information, services or products that are provided or offered by websites that are linked to the Sites. The links to other websites are provided only as a convenience and, unless expressly stated, do not constitute any endorsement or affiliation of the linked websites or any information, services or products that are provided or offered by the linked websites. You agree that you use any linked websites entirely at your own risk.

You acknowledge that the materials posted on the Sites by users or bloggers, contributors or writers do not constitute the opinion, (either expressed or implied) or are attributable to Fresh New England, LLC Parties in any way. Use of any information on this website is at your sole and absolute risk.

Disclaimer.

The Material provided on the Sites are for informational, educational and/or entertainment purposes only. Fresh New England, LLC makes no warranties regarding the quality, reliability, truthfulness, accuracy, completeness or non-infringement of any Materials. Unless otherwise stated expressly, any opinion, view or idea expressed (or implied) in any article, review or story, or any content contributed or published by visitors/ contributors on the Sites or otherwise disseminated or sent to Fresh New England, LLC or others (“Visitor Content”) is the author’s own and does not necessarily reflect the views of affiliated and related entities, its partners, sponsors, advertisers or content providers.

While we try to maintain the integrity and security of the Sites, we cannot guarantee its absolute security, completeness or correctness, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. We do our best to keep the site bug-free but do not guarantee that it is safe and secure. We provide this website “AS IS” without any express or implied warranties.

You acknowledge and agree that the bloggers and other contributors that Fresh New England, LLC permits to post content to the Sites are not agents of Fresh New England, LLC and that Fresh New England, LLC does not sufficiently edit or control statements that they make. Therefore, no Fresh New England, LLC Parties shall be liable to any person or entity whatsoever for any loss, damage, injury, liability, claim or any other cause of action of any kind arising from the use, dissemination of or reliance on any Materials, Visitor Content or other content provided on the Sites.

Waiver of Claim.

You acknowledge and understand that your participation in any chat-room, social media, blog site or other venue on the SItes might subject you or parties affiliated with you to verbal or written statements that might be libelous, slanderous or otherwise injurious, and that your participation is a knowing and willful participation despite the risk of such injury. You hereby irrevocably and forever waive any and all claims that you may have against Fresh New England, LLC and Fresh New England, LLC Parties and hereby fully release Fresh New England, LLC and Fresh New England, LLC Parties from any claim that you have, had or may have against Fresh New England, LLC or Fresh New England Parties, LLC alleging that any statement made or posted to or otherwise transmitted from the Sites has caused injury or damage to you or any entity affiliated with you or your business.

YOU AGREE TO USE THIS WEBSITE ENTIRELY AT YOUR OWN RISK.

Indeminification.

You agree to defend, indemnify, and hold harmless Fresh New England, LLC, its affiliates, representatives and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with the Sites or any services related to the Sites (including Third Party Services); and/or (c) Communications and disputes between you and any other Sites user or third party (including any Third Party Provider or Third Party Vendor).

In no event will Fresh New England or any Fresh New England parties be liable to you, your business or any other party for any direct, exemplary, incidental, punitive, special, consequential or other damages arising out of the use or inability to use or rely on this website including without limitation lost profits, business interruption, lost business, loss of information, programs or data, cost of replacing goods or services, third party claims, personal injury or property damage.

Disputes.

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these terms of service or the website exclusively in a state or federal court located in Suffolk County, Massachusetts. The laws of the Commonwealth of Massachusetts will govern these terms of service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Suffolk County, Massachusetts for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content on the website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Jurisdictional Issues.

We control and operate the Sites from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Corrections.

On occasion, we need to correct, modify or update all or part of this statement. Fresh New England, LLC may be updated or altered at any time without notice.

Disclaimer of Warranties.

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, OWN, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF FRESH NEW ENGLAND, LLC (FNE) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FNE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FNE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FNE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FNE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability.

Fresh New England. LLC (FNE) DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF FNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF FNE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Binding Arbitration of All Disputes; No Class Relief.

You will resolve any claim, cause of action or dispute (“claim”) you have with Fresh New England, LLC (FNE) arising out of or relating to these terms of service or the website exclusively in a state or federal court located in Suffolk County, Massachusetts. The laws of the Commonwealth of Massachusetts will govern these terms of service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Suffolk County, Massachusetts for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content on the website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.