Terms of Service

Fresh Digital Presence Terms of Services – Last Updated May , 2012

Introduction: This Terms of Service (Agreement) is entered into by Fresh Digital Presence and You (interchangeably referred to as “You”, Your, “Customer” or “Customer’s”), and provides the terms and conditions of your use of this web site and other associated services, whether provided to You now or in the future. By using any of Fresh Digital Presence’s Services You confirm and reaffirm your acceptance of, and agree to be bound by, this Agreement. The use of this web site and included web services and any other labor, professional or technical Services (Service or Services) that Fresh Digital Presence provides to You are subject to the following Terms of Services (“Terms”). Fresh Digital Presence reserves the right to update the Terms at any time without notice to You. The most current version of the Terms can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web pages.

Description of Services: Through its network of Web properties, Fresh Digital Presence provides You with access to a variety of services, hereinafter referred to as Services. The Services, including any updates, enhancements, new features, and/or the addition of any new web services, and all other technical and professional services provided are subject to these Terms of Service.

No resale of Services: Your right to use the services is personal to You and are licensed for use by you and may not be resold to another entity or person by you. You may be a person, individual or a corporation, organization or business entity, but You agree not to resell the use of the Fresh Digital Presence Services.

Privacy and Protection of Personal Information: See our Privacy Statement hypertext link located at the bottom of our web pages for disclosures relating to the collection and use of your information.

Trademark & Copyright Notices: This web site is Copyright ¬© 2012. All rights reserved. “Fresh Digital Presence” and associated logos are Trademarks of Fresh Digital Presence. The phrase “Digital Presence Management”, and “Fresh Digital Audit” are service marks of Fresh Digital Presence. All content and functionality on this web site, including, but not limited to, the graphics, text, icons, logos, video, sound, files, documents, templates, forms, banners, footers and images and the arrangement thereof, unless otherwise stated, is the exclusive property of Fresh Digital Presence or its licensors and is protected by U.S. and international copyright laws. Nothing contained herein shall be construed as conferring any license or right under any copyright, patent, trademark or other proprietary interest of Fresh Digital Presence to any third party. The trademarks, service marks, designs and logos displayed on the site are the registered and unregistered trademarks or service marks of Fresh Digital Presence and its licensors. Fresh Digital Presence provides information on this web site that is free of charge provided and may be used by You for informational purposes only. Fresh Digital Presence makes no assurances that the information provided is complete, accurate or correct. You will not use or register the name Fresh Digital Presence or any other trade name or trademark or service mark of Fresh Digital Presence without express, prior permission and You will not obstruct the identification procedures used by Fresh Digital Presence in the services.

Web Site Content: In making the information on this web site available, no advisory services relationship is implicated or established and neither Fresh Digital Presence nor any other person is, in connection with the web site, engaged in rendering advisory, consulting, development or other professional services or advice. Neither this web site nor any content on or content accessed through this site shall be considered a substitute for the independent investigations and the sound technical and business judgment of the user of this web site. The user should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters related to the use of this web site. In other words, the information on this web site is for your own use and is used at your own risk without warranty of any kind. Fresh Digital Presence does not assure the accuracy or completeness of information provided in this web site. Fresh Digital Presence may change this web site content, appearance, service offerings, features or functionality at any time without notice to You.

Account, Password, and Security: If any of the Services requires You to open an account, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form whether this form is provided to us electronically or in any other manner such as facsimile or regular mail. We will provide You with an account number and password linked to your email address. You are entirely responsible for maintaining the confidentiality of your and account number and password. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify Fresh Digital Presence immediately of any unauthorized use of your account or any other breach of security. Fresh Digital Presence will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by Fresh Digital Presence or another party due to someone else using your account or password. You may not use anyone else’s Fresh Digital Presence account at any time, without the permission of the account holder.

Accurate Information: You agree to provide true, current, accurate and complete Customer information as prompted by the registration form or any other documents necessary to provision your account, and You agree to notify Fresh Digital Presence promptly of any changes to this information as required to keep it current, complete and accurate.

Right To Disclose Information: Fresh Digital Presence reserves the right at all times to disclose any information as Fresh Digital Presence deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Consenting Adult or Authorized Individual: You represent and warrant that You are at least 18 years of age and that You possess the legal right and ability and authority to enter into this Agreement. You and your organization, if applicable, agree to be financially responsible for your use of Fresh Digital Presence Services (as well as for use of your account by others,) and to comply with your responsibilities and obligations as stated in this Agreement.

Prohibited Use of Service: As a condition of your use of the Services You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fresh Digital Presence server, or the network(s) connected to any Fresh Digital Presence server, or interfere with any other party’s use and enjoyment of any Fresh Digital Presence Services or Fresh Digital Presence’s vendors’ services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Fresh Digital Presence server or to any of the Services, through hacking, password mining, spy-ware, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Software: Customer acknowledges that any Fresh Digital Presence file downloads or referenced third party software is for your personal use and may not be repackaged or sold in anyway. Customer represents that You will not use Fresh Digital Presence’s services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right holder.

Lawful Use of Service: When using Fresh Digital Presence’s Services, You agree to comply with all applicable local, state, federal or other laws, regulations, or conventions You agree You will not use Fresh Digital Presence services to create, store or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, federal, national or other law or regulation. Fresh Digital Presence does not assume any liability for any information or materials distributed through its Services including but not limited to information that is distributed through its Services in violation of any third party’s copyright or other intellectual property right.

Permitted Use of Services and Customer Responsibilities Fresh Digital Presence acts as a passive conduit for You to post and retrieve information of your own choosing or the choosing of your approved agents, including, but not limited to Fresh Digital Presence technical staff. ¬†However, Fresh Digital Presence reserves the right to take any action with respect to the Services that Fresh Digital Presence deems necessary or appropriate in its sole discretion if Fresh Digital Presence believes You or your information may create liability for Fresh Digital Presence, compromise or disrupt the Services for You or other Customers, or cause Fresh Digital Presence to lose (in whole or in part) the services of Fresh Digital Presence’ ISPs or other service suppliers. The Services make use of the Internet and the world-wide telecommunications network infrastructure for You to store and retrieve information of your own choosing or of information provided by Fresh Digital Presence or its affiliates. As a result, your conduct is subject to Internet regulations, policies, procedures, United States Federal regulations and other international government regulations.

Database Maintenance: You are solely responsible for verifying and maintaining the content and accuracy of your databases used for Fresh Digital Presence Services. Fresh Digital Presence Services may include features that automatically post or modify data. Fresh Digital Presence has not made any independent assessment, and makes no express or implied warranty, as to the data’s accuracy and/or compliance with applicable laws. Fresh Digital Presence relies solely on You for such purpose. You release and forever discharge Fresh Digital Presence from all damages of any kind arising out of its access to, reliance on, or use of information contained in your databases.

Third Party Equipment: You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service, computer, etc.) required for You to access and use the Services.

Data Retention: Fresh Digital Presence shall have no obligation to maintain any messages, job results, reports, account information or other content in your account or to forward any unread or unsent messages to You or any third party for more than 10 days beyond the performance of the respective Service provided to You.

Ownership: All programs, content, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Fresh Digital Presence Service are wholly owned by Fresh Digital Presence and/or its licensors, vendors and service providers except where expressly stated otherwise. Unless otherwise specified by Fresh Digital Presence in writing, You may not copy, post, upload, download, modify, distribute, , transmit, publish, sell, sublicense, transfer, mirror, frame or create derivative works of this web site or any part thereof, or any proprietary information or content. Further, You may not use any meta tags or any other “hidden text” utilizing Fresh Digital Presence’s name without Fresh Digital Presence’s prior written consent.

Services and other charges: Charges for Fresh Digital Presence Services may include fees for Activation, Monthly Subscription, Job Cycle, Job Setup, Maintenance, Usage, International Surcharges, Professional Fees, Printing, Postage, handling, and any other charges as set forth in the Pricing section of the Fresh Digital Presence web site at the time of service usage, or as otherwise agreed upon in a separate written Agreement that may supersede one or more stated web site prices. All Services and Usage charges are rounded to the nearest penny per transaction. All stated charges are exclusive of sales or other taxes, except as required by law.

Usage Charges and Pre-payment: Charges are due as and when such charges are incurred. Fresh Digital Presence may, in its sole discretion, require pre-payment of fees before delivering services. There are no refunds for services rendered.

Discounts and Allowances: Unless otherwise agreed, all discounts and/or usage allowances are applied to the invoice in the month following the one in which services are provided and/or the discounts are earned. Any unused discount or usage allowance will be forfeited (not carried forward more than 1 month), unless otherwise stated in a separate written agreement between You and Fresh Digital Presence.

Project and Job Cancellations: You must provide a written request, via email for any and all Project, Job or account cancellations. All cancelled Projects or Jobs will be confirmed by Fresh Digital Presence, via email to You. Cancellation requests will be processed on a best efforts basis during normal business hours (9AM to 5PM ET, Monday thru Friday except holidays).Projects and Jobs in progress may not be able to be fully cancelled. In the event a Project or Job is canceled, You will be charged for the portion of the job or project completed plus, and at our sole discretion, an additional cancellation fee of up to 10% of the estimated Project or Job charge. In the event your cancellation request is received outside of normal business hours, or we cannot cancel your job for any other reason, You will be charged for the entire cost of the job as though the cancellation notice had not been received.

Billing, Invoices, Payment, Refunds: Customers may be billed immediately after each job or charges may be accumulated during the month and billed, at the end of the month, directly to the credit card provided by You to Fresh Digital Presence. There are no refunds for services rendered. As an approved trade account, Fresh Digital Presence may invoice on a monthly or other periodic basis. If invoiced, payment of your Fresh Digital Presence account balance is due upon invoice presentation in the currency in which billed and, unless You have a qualified business account. Payment must be made by the credit card designated by You in advance for Fresh Digital Presence use and charges. If your Fresh Digital Presence account is a qualified business account and is approved by Fresh Digital Presence for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. The invoice will be sent via mail or email to the address(s) identified for billing purposes. Invoices must be paid in full by check or credit card and are due upon receipt unless otherwise stated on the invoice or in a separate written Pricing Agreement that supersedes web site billing policy.

Past Due Balances: Past due balances will incur an interest charge of 1.5% per month of the outstanding balance, commencing 30 days from invoice date. Interest shall be charged on the outstanding balance which (including past interest expenses) that remains at the end of each thirty (30) day anniversary of the invoice.

Charge backs: If a charge back is submitted against a credit card used to pay for service, the account(s) in question may be suspended immediately without notice to You. Fresh Digital Presence reserves the option to charge You a $25 handling fee to reactivate accounts.

Price Changes: Fresh Digital Presence reserves the right to change prices or institute new charges for access to or use of Fresh Digital Presence services without prior notice to You. Notifications of Price Changes that affect you will be posted by Fresh Digital Presence on your account and will be available after you have logged in and/or provided to you by way of an email notification. You are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Fresh Digital Presence Services or non-termination of your Fresh Digital Presence account after price changes are posted constitutes your acceptance of the modified posted prices.

Billing policies and prices: Fresh Digital Presence reserves the right to change billing policies or prices at any time without advance notice to You. We post our current prices on the Fresh Digital Presence web site (pricing section). It is your responsibility to review these prices prior to each use of the Fresh Digital Presence services. Using the Fresh Digital Presence services is Your acceptance of the price in effect at the time of use.

Other Charges: Your activation, setup, software development, customization fees and monthly service fees, if applicable, are payable in advance unless otherwise provided for by written agreement, and these Other Charges and are completely non-refundable.

Forms of payment: American Express, Discover, MasterCard and Visa credit or debit cards (card) are accepted and checks may also be accepted from qualified business accounts with prior approval. To register for payment method, Customer must fax Fresh Digital Presence an Application form providing full billing information, including Customer’s name, company, address, telephone and fax number, email address, credit card type, name as it appears on the credit card, card number and expiration date. Business and Personal checks may be accepted as payment upon the approval from our third party check verification system. A photocopy of a valid driver’s license number may be required for Fresh Digital Presence to accept credit card payments. Customer’s submission of payment information, via fax, for Fresh Digital Presence Services attests to financial responsibility, ability and willingness to pay invoices within the stated terms and condition under this Agreement.

Use of Credit Cards: If the payment method for your Fresh Digital Presence account is by credit card and payment is not received by Fresh Digital Presence from the card issuer or its agents, You agree to pay all amounts due upon demand by Fresh Digital Presence. Each time You use Fresh Digital Presence Services, or allow or cause Fresh Digital Presence Services to be used, You agree and reaffirm that Fresh Digital Presence is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Fresh Digital Presence, and You must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Fresh Digital Presence may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Fresh Digital Presence may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear as a single charge on the statement You receive from your credit card issuer. You agree that Fresh Digital Presence may submit charges for your usage fees and monthly service fee (if applicable) each month, without further authorization from You, until You provide prior notice (in accordance with Fresh Digital Presence’ verification procedures, as may be established by Fresh Digital Presence from time to time in its sole discretion) that You have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Fresh Digital Presence reasonably could act on your notice. If You have any question regarding any charges that have been applied to your account, You must contact Fresh Digital Presence’ Customer Service or Billing department within 15 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Fresh Digital Presence in accordance with this Agreement. Fresh Digital Presence reserves the right to suspend or terminate your Fresh Digital Presence account without notice upon rejection of any credit card charges or if your credit card issuer (or its agent or affiliate) seeks return of payments previously made to Fresh Digital Presence when Fresh Digital Presence believes You are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Fresh Digital Presence.

Written Agreement: If your Fresh Digital Presence account is a qualified business account and You have an authorized, written agreement with Fresh Digital Presence, then the charges and billing terms for Services may be as specified in that agreement. Any charges for Services not specified in the written agreement will be charged at prices then in effect and posted on the Fresh Digital Presence web site at the time the service is provided. All other terms of service provided in this Terms of Service Agreement apply.

No Written Agreement: If You do not have an authorized, written agreement with Fresh Digital Presence, You agree to pay all charges for your use of Fresh Digital Presence Services at the prices then in effect at the time of service usage.

Web Site Monitoring: You agree that Fresh Digital Presence may elect to, but has no obligation to, electronically view, monitor and record your communications on this web site without notice or permission from You. However, under no circumstances shall Fresh Digital Presence be required to or be responsible for screening, policing, editing or monitoring your use of this Site. If Fresh Digital Presence is notified of an allegation that our service contains, or that your use of the our Services includes infringing, defamatory, damaging, illegal, terroristic, threatening or offensive communication, Fresh Digital Presence may in its sole discretion disclose such communication to the appropriate authorities and remove such information from our web site.

Service Performance: You hereby acknowledge and agree that the nature of the Internet and any related telecommunications or network infrastructure utilized by Fresh Digital Presence’s Services, is such that Fresh Digital Presence cannot and does not guarantee access to the Fresh Digital Presence web site or its Services. Further, there are no delivery assurances of delivery time and there are no service performance guarantees.

Service Suspension: Fresh Digital Presence may, from time to time, have to periodically suspend your access to your account without any prior notice to You. You understand and agree that Fresh Digital Presence will not be liable for any direct, indirect, incidental, special or consequential damages relating to any delays, pranks, hoaxes, viruses, bugs, spy-ware or any other form of technological failure, human error, programming error, natural disaster, weather, sun spots, strikes, labor disputes, terrorism, acts of God, or security breach that may prevent or interrupt access to use of the Fresh Digital Presence Services, or cause information or communications transmitted through Fresh Digital Presence accounts to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communication or error.

Confidentiality and Privacy of Information: Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. You agree that Fresh Digital Presence is not responsible for the security of any communication or information transmitted via the Internet or the telecommunications network by or for You. You assume all risks in receiving or transmitting information or communication. You must make your own determination as to the confidentiality of communications. Fresh Digital Presence is not responsible for providing advice or making any recommendations to You. Fresh Digital Presence does not provide any guarantee or warranty of confidentiality, or assurance of privacy of information transmitted through its Services.

Third Party Hyperlinks: Fresh Digital Presence makes no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from Fresh Digital Presence or other web sites linking to this Site. You agree that Fresh Digital Presence has no responsibility for such links. In general the content of linked sites are not under Fresh Digital Presence’s control, and it is not responsible for the content of any linked site or any link contained within a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to You as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Fresh Digital Presence of the linked site or any information contained therein. When leaving this Site, You should be aware that Fresh Digital Presence’s Terms of Service and policies may no longer govern your use of linked sites, and therefore, You should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.

Permission To Communicate: You explicitly provide permission and agree to receive communications from Fresh Digital Presence via facsimile, voice, mobile telephone, email, mail and any other medium. Communications we send to You may include and are not limited to promotional information related to the Services or other services, advisories, service changes, price changes and any other information from Fresh Digital Presence, its affiliates and its other customers. You expressly agree that the Agreement provides a business relationship and that this business relationship shall survive the term and termination of this agreement. We agree that we may receive communications from You via facsimile, voice, email, mail and other medium based on our business relationship.

Right To Disclose and use Customer’s organizational name: Fresh Digital Presence reserves the right to utilize the user names, email addresses, customer’s organizational name and its company logo, whether or not trademarked, on Fresh Digital Presence’s and its affiliates web sites and in the Fresh Digital Presence promotional materials for the purpose of providing references of other Customers of the Fresh Digital Presence service. Fresh Digital Presence may optionally link from the Fresh Digital Presence web site(s) to the customer’s web site without prior notice.

Disclaimer of warranties and limitation of liability: Fresh Digital Presence makes no warranties of any kind, express or implied, with respect to the Services provided. Fresh Digital Presence further expressly disclaims any warranty or merchantability or fitness for a particular purpose. This disclaimer includes loss or damage resulting from improper processing, delays, non-deliveries, duplicate deliveries, repeated deliveries, wrong deliveries, software bugs or viruses, errors or omissions and any or all service interruptions caused by Fresh Digital Presence, its systems, agents, representatives, employees or by Customer’s errors or omissions.

Limitation of Liability: Fresh Digital Presence, its affiliates, parents, subsidiaries, divisions, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Fresh Digital Presence Entities”) shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to: performance of the Internet; loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause; loss or damage to Customer’s equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, computer viruses or defects in the transmission of information or data on the Internet, via mail or overnight delivery service, or thru any telephone or facsimile communication line; or any indirect, incidental, special, punitive or consequential damages, including but not limited to lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Fresh Digital Presence Entities have been advised of the possibility of such damages.

Indemnification: You agree to defend and indemnify and hold harmless Fresh Digital Presence, its officers, directors, employees entities and its agents from any claims, losses, damages, judgments, expenses and costs, including any attorney’s fees and expenses related to any breach of this agreement or arising out the use of our services. Fresh Digital Presence shall give written notice of any such claim, action or demand within a reasonable time. Fresh Digital Presence shall be defended by attorneys of their choice at Customer’s expense.

Termination: You may terminate this Service Agreement and Your account at any time. Fresh Digital Presence reserves the right to suspend or terminate services if Fresh Digital Presence, in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices. Fresh Digital Presence shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Upon termination, Fresh Digital Presence shall have no obligation to maintain any messages, faxes, data or other content in your account or to forward any data to You or any third party. Upon termination, all charges for services performed along with any applicable early termination fees, are immediately due. Any termination of this Service Agreement or Your account shall not relieve You from any amounts owing or any other liability accruing under this Agreement or any other written agreement between Fresh Digital Presence and You, in effect prior to the time that such termination becomes effective.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in the United States of America. The Parties stipulate to the exclusive jurisdiction of the federal and state courts located in Philadelphia, Pennsylvania to hear any controversy or claim between the parties arising out of or related to this Agreement. The Parties also stipulate to personal jurisdiction in such courts and expressly agree not to contest venue or jurisdiction in such courts.

Third Party Beneficiaries: This Agreement has been made and is made solely for the benefit of Fresh Digital Presence and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights/remedies under or by reason of this Agreement on any third party.

Facsimile Signature and Counterparts: The Parties agree that any signatures transmitted to or from Fresh Digital Presence and received via facsimile are true and valid signatures for all purposes hereunder and shall bind the Parties to the same extent as that of an original signature.

Notices: Except as expressly stated otherwise, all written notices to Fresh Digital Presence shall be sent via email to: support@FreshDigitalPresence.com. All notices to You shall be sent to the email address that You provide to Fresh Digital Presence in your application for Service. It is your responsibility to update your email address if it changes. Such notice shall be deemed received one (1) business day after the email is sent.

Severability: Any provision of this Agreement which is determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity in or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions of the Agreement or affecting the validity or enforceability of this Agreement in any other jurisdiction. No waiver of any right under this Agreement by Fresh Digital Presence will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Assignment: Fresh Digital Presence reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without Fresh Digital Presence’s prior written consent.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of each party to this Agreement and to their respective successors and permitted assigns. Any action or claim against Fresh Digital Presence must be brought within thirty (30) days following the date on which the claim first occurred or shall be deemed forever waived.

Attorneys’ Fees: In the event that Fresh Digital Presence uses legal means to enforce any of its rights under this Agreement against You and is successful, then, in addition to any other remedy to which Fresh Digital Presence is entitled, it shall also be entitled to be reimbursed by You for all costs and expenses Fresh Digital Presence incurs in enforcing its rights, including, without limitation, reasonable attorneys’ fees.

Printed Agreement: A printed vision of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed forms.

Headings: The headings or titles given each paragraph are used and included merely for the convenience of the parties hereto, and shall in no way affect or alter the meaning, effect or interpretation of any terms or provisions hereof.

No construction against drafter: Neither this Agreement nor any provision hereof shall be construed against the party who drafted this agreement or on whose behalf this agreement was drafted.

Entire Agreement: This Agreement along with any privacy policies, operating policies, price schedules, or other supplemental documents or written Agreements are expressly incorporated herein by reference and published by Fresh Digital Presence constitutes the entire Agreement between You and Fresh Digital Presence relating to your use of this web site and Fresh Digital Presence’s Services. This Agreement revises all prior Agreements whether written or implied between Fresh Digital Presence and You regarding the subject matter of this Agreement.

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