Welcome to our website.
Did you know that when you view a website, you signify your acceptance of its Terms and Conditions? This is a binding agreement between you and the website owner. You agree to be bound by these terms. For this reason, you should ensure that you read and understand the website’s User Agreement.
This statement also lets you know how information found on this website can be utilized. This is important since you do not want to risk breaching copyright laws by using the information you find on a website in an inappropriate manner.
We encourage you to read this statement carefully. If you have any questions about anything contained in this document, please do not hesitate to contact us. We would like to make your use of this website and our services as enjoyable and worry-free as we can.
Terms and Conditions of Website Usage
This policy is effective from: June 6, 2017
Changes to this policy have been made on: November 3, 2017
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This is a website of the Fresh Outlook Foundation. The terms “this website” or “our website” refers to the Internet pages located at URL freshoutlookfoundation. The terms “Fresh Outlook Foundation” or “us” or “we” or “our” refers to the owner of this website whose office is located in Vernon, BC, Canada. The term “you” or “your” refers to the user or viewer of our website.
Note: If you would like more information about this document, please contact us, because we would like you to use our website.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of Website Usage Agreement (henceforth referred to as "Agreement") with respect to our website, and acknowledge that you have read and understand them. This is a binding agreement between you and Fresh Outlook Foundation.
This Agreement constitutes the entire and only agreement between you and Fresh Outlook Foundation. It supersedes all prior agreements, representations, warranties, and understandings with respect to our website, the content, or goods and services provided by or through our website.
You hereby represent that you are legally entitled to agree to, accept, and be bound by this Agreement and that you have the legal authority to also do so for any individuals, groups, or organizations you represent.
Each time you use our website and our products and services, you consent to be bound by this Agreement, as presented at the time of your usage, and acknowledge that you have read and understand it. You further signify the consent of any individual, group, or organization you represent to be bound by this Agreement.
You agree to respond, in a timely manner, to any Communications from us concerning your use of this website or any complaints arising from your activities on this website.
If you do not agree with each of the terms and conditions in this Agreement, or you are not legally entitled to agree to, accept, or be bound by this Agreement, you may not use this website, review information, or obtain goods, services, or products from this website.
Changes to the Terms and Conditions
This Agreement may change at any time and only Fresh Outlook Foundation has the right, in its sole discretion, to change this Agreement. The changes will be listed in this document. No other notices will be sent to website users and Fresh Outlook Foundation holds no liability to you or any other persons for any consequences that result from these changes.
You should check our website regularly for changes to our policies and it is your responsibility to do so. If changes are made, the date on which the changes came into effect will be noted at the top of this document.
By using this website after changes have been made to this Agreement, users signify their acceptance of the changes even if they have not seen them. If you do not agree with the changes to this Agreement, you should not use this website.
Note: If you would like more information about the changes to this Agreement, please contact us, because we really would like you to use our website.
Permitted Users and Access
Individuals who are under the legal age in their particular jurisdictions cannot create valid and binding contracts, and the collection and use of personal information about minors may be legally restricted. For this reason, we must state that this website is not for the use of individuals under the legal age (in their particular jurisdictions). Only persons over the legal age may use this website.
Additionally, only individuals who are able to form a legally binding contract in their particular jurisdictions may use this website. If it is illegal or prohibited for you to access or use this website in your particular jurisdiction, you may not use this website or any part of it. You must determine for yourself whether you are legally permitted to access and use this website in your particular jurisdiction.
Note: By purchasing items on a website, you are entering into an electronic contract. These contracts are just as valid as traditional paper contracts. Canadian electronic commerce laws are specific about how business transactions are to be completed on the Internet. This is why we must restrict usage of this website to individuals of legal age who are able to form a legally binding contract.
Ownership and Limited Right to Use
This website is owned by Fresh Outlook Foundation. It contains material that is owned by or licensed to us. This material includes but is not limited to the design, layout, look, appearance, text, and graphics. Any redistribution, reproduction, or modification of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk, extracts for your personal and non-commercial use only; and
- You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content of this website. Nor may you transmit, store, or frame it in any other website or other form of electronic retrieval system.
You may not place links to this website on any other website except with our written permission. We reserve the right, in our sole discretion and for any reason, to withdraw our permission to link to this website, and we claim no responsibility or liability to you or any other persons for this action.
Note: We have no problem with having a link to our website on another appropriate website, however, we would just like to have some control over where our link is placed. Therefore, if you would like to place a link to our website on your site, just contact us.
By viewing this website, you agree that you will not copy or duplicate anything found on this site except as is allowed through this Agreement. You further agree that you will not manipulate any data, material, information, or programming on this website in a manner not expressly allowed by this Agreement, and that you will not access this website in any attempt to affect its operation in any way. You also agree that you will not use the information on this website and/or any products and services provided through this website for any illegal purposes.
Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
Copyright and Trade-marks
This website and its contents are copyright of Fresh Outlook Foundation (© Fresh Outlook Foundation 2017), its suppliers, and others. The content, organization, graphics, design, compilation, and other matters related to this website are protected under applicable copyrights, trade-marks, registered trade-marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any part of this website, except as allowed by this Agreement is strictly prohibited.
The Fresh Outlook Foundation logo, and Fresh Outlook Foundation are trade-marks of Fresh Outlook Foundation. All rights reserved. No reproduction or redistribution is permitted (other than what is stipulated in this Agreement) without our express written consent.
This website may contain logos, photographs, and text that are provided for our use by our suppliers. This content is protected by the owners’ respective copyrights and trade-marks and may not be reproduced or used in any way other than what is stipulated in this Agreement.
You do not acquire ownership rights to any content, document, or other materials viewed through this website. The posting of information or materials on this website does not constitute a waiver of any right in such information and materials.
Creating an Account
By creating an account with us, you confirm that the information provided in the form is true and represents your actual personal information, and that you agree to abide by the Terms and Conditions in this Agreement. Please note that your account can be closed without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of this Agreement have been violated, or other abuses have occurred as determined by Fresh Outlook Foundation in its sole discretion. If membership has been revoked, Fresh Outlook Foundation reserves the right to refuse reapplication or readmission.
We reserve the right to contact customers via email or phone to verify the accuracy of customer provided information (including correct names and addresses). You agree to keep your account up-to-date by making changes to your account information when necessary.
You agree to be responsible and liable for any costs, damages, or losses that result from your submission of inaccurate, incomplete, or false information or for your failure to keep your account information current.
Note: This is just to prevent fraud. We need to know that people who purchase our products and/or use our services have provided us with their correct information and are actually who they say they are. We also need to ensure that the items you purchase are shipped to your correct address.
Editing, Deleting and Modification
We reserve the right in our sole discretion to change, edit, or delete any and all content of this website including documents, graphics, information, prices, promotions and contests, or other content appearing on the website, including this Agreement, without further notice or liability to you or any other persons.
Your right to use this website is not transferable. Any right given to you to obtain information, documents, or products and services is not transferable and may only be used by you.
User Names and Passwords
This website may utilize user names and passwords for some user services. These user names and passwords can only be used by the individual who created the account or by our authorized representatives. They are not transferable to other persons. You agree not to disclose your user name and password to others.
It is your responsibility to ensure the security of your user name and password. Fresh Outlook Foundation assumes no responsibility for, or liability from, any consequences resulting from your use and disclosure of your user name and password. Your use of user names and passwords is at your own risk and you understand that the security of such information is not complete. You should choose passwords that are difficult to guess and you should log out after you have finished accessing your account.
You are responsible for all activities that occur through the use or misuse of your user name and password. You must immediately inform us if you suspect that your account has been accessed by another person or if your user name or password has been lost or compromised in any way.
Fresh Outlook Foundation retains ownership of all user names and passwords. We reserve the right to access information contained in the password protected accounts. We may, at any time, in our sole discretion, terminate your permission to use your password for this website without prior notice or liability to you or any others.
Disclaimers and Limits
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, merchantability, durability, fitness for purpose, completeness, or suitability of the information, graphics, materials, or goods and services found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk.
The information printed on this website is presumed to be accurate and complete, however, since it comes from a variety of sources, we cannot be held responsible for the content. The comments and opinions presented in articles are not necessarily those of our staff or advertisers. Articles are presented for informational purposes only, and should not be considered professional advice. Readers should seek verification, clarification, and/or more information from the authors or from other sources.
We waive any and all responsibilities to any warranties of non-infringement and title. We provide no representation or warranty that the rights (including intellectual rights) of any persons will not be infringed through your use of this website.
We are not responsible or liable for any consequences resulting from you sending personal or confidential information to us by email or other forms of mail, or if we, at your request, send you such information. We are not responsible or liable for any Communications, whether by email or other forms of mail, which are lost, delayed, corrupted, misdirected, or stolen.
Every effort is made to keep this website up and running smoothly. However, Fresh Outlook Foundation takes no responsibility and will not be liable for the website being temporarily unavailable.
We provide no representation or warranty that this website will be free of errors and/or misprints. While we endeavour to correct any errors or misprints, we provide no representation or warranty that such errors will be corrected.
Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It is your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
No part of this Agreement will be amended by any oral or written advice and/or information given by us or our representatives.
We claim no responsibility or liability for damages and/or consequences of any kind resulting from your purchase of any goods and services from us, or from any affiliate stores or businesses. Further, we claim no responsibility or liability for damages and/or consequences of any kind, resulting from your or any others person’s use and/or possession of any goods and services purchased from us, or from any affiliate stores or businesses regardless of the manner in which such goods and services are used.
By purchasing goods and services from us, or from any affiliate stores or businesses, you agree to indemnify, defend, and hold us and our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your or any other person’s use and/or possession of any goods and services purchased from us, or from any affiliate stores or businesses.
We make no representation or warranty that this website will be compatible with your computer system including but not limited to any software or computer-related equipment.
We make no representation or warranty that this website will be free of computer-related threats including but not limited to viruses, worms, Trojan Horses, or other related threats. We claim no responsibility or liability for any damages or consequences caused by computer viruses or other computer-related threats, which you are exposed to through your use of this website and our services, or from any goods and services obtained directly from us, or from any affiliate stores or businesses, or through this website, through email Communications with us, or through your use of any user forums, message boards, or other forms of Communications that we may have on our website.
In no event will we be liable to you or any other persons for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from but not limited to loss of use, loss of data, or loss of income or profits which occur out of, or in connection with, the use of this website.
We will not be liable to you or any other persons for any incidental, special, or consequential damages of any kind including but not limited to legal damages, that may result from your or any other person’s use of or inability to use our website or services.
Note: We utilize up-to-date antivirus, antispyware, and firewall technologies and do our best to maintain the security of our systems. However, no system is 100-percent secure and it is not possible to eliminate all security risks. We advise all our customers to take their own precautions with respect to the security of their own computer systems.
The disclaimers found in this Agreement are to be considered in effect regardless of any action and/or inaction on our part that may be determined to be negligent or faulty even if we have been advised of potential losses or damages affecting you or any other persons.
No statement, information, or advice given, in any form, by us, our representatives, or any related persons or organizations will amend or change this Agreement or any part of it in any way, and you may not use or rely upon such information for any purpose.
Fresh Outlook Foundation disclaims any and all liability concerning all the matters contained in this Agreement to the fullest extent permitted by law. All provisions in this Agreement continue to be in effect indefinitely after this Agreement has been terminated.
Fresh Outlook Foundation’s maximum liability to you or any other persons for any liabilities, costs, damages, proceedings, claims, obligations, or losses from any legal proceeding initiated by you or any other persons, regardless of any determined wrongdoing or negligence on our part including such actions committed by our providers or representatives, will at no time exceed $25.00 (CDN) or the value of your or any other persons payment to us for goods and services we provided, whichever is less.
Release and Indemnification
You agree to indemnify, defend, and hold Fresh Outlook Foundation, its managers, representatives, agents, providers, partners, attorneys, staff, affiliates, and any other related persons or organizations harmless from any liabilities, losses, claims, expenses, complaints, causes of action, demands, and proceedings, including attorney's fees, related to your or any other person’s use of this website and/or your or any other person’s purchase, possession, and use of any goods and services from us, or from any affiliate stores or businesses.
You agree to indemnify, defend, and hold Fresh Outlook Foundation, its managers, representatives, agents, providers, partners, attorneys, staff, affiliates, and any other related persons or organizations harmless from any liabilities, losses, claims, expenses, complaints, causes of action, demands, and proceedings, including attorney's fees, related to your violation of this Agreement, use of this website, or any other wrongful acts committed by you with respect to your use of this website.
You further agree to cooperate fully as required by Fresh Outlook Foundation, its representatives, and any other related persons or organizations in the defence of any resulting claims or legal proceedings.
Note: There are some things we have no control over with respect to a person’s use of our website. For this reason, we must include this statement to protect us from legal complications resulting from any wrongful acts committed by website users.
Use of Information
Purchases and Payments
You represent and warrant that when you purchase goods and services from us: (1) the credit card you use for the purchase was issued in your name and you are authorized to use it; (2) any credit card information you supply is true and complete; (3) charges incurred by you will be honoured by your credit card company; and (4) you will pay the charges incurred by you at the posted prices, including any shipping fees, applicable taxes, and any other charges that may be involved in the transaction.
When you purchase goods or services from us, or from any affiliate stores or businesses, you understand and acknowledge that you are fully aware of what you are purchasing, and that you have researched and/or investigated all the details concerning each item to your full satisfaction. You understand and acknowledge that it is your sole responsibility to determine if any and all goods and services you purchase from us, or from any affiliate stores or businesses meet your particular needs. We hereby waive any and all responsibilities and liabilities in that regard.
Note: We will endeavour to assist you in any way we can, however, we encourage and advise you to do your own research before purchasing goods and services. The more you know about a product, the better able you are to make the right choice concerning your purchase.
Links to Other Websites
This website may contain links to other websites. These links are provided for your convenience only. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.
Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. We accept no responsibility or liability for your use of these linked websites. If you decide to leave our website and access these third-party sites, you do so at your own risk.
Note: You should review the terms and conditions, security, and privacy policies of these linked websites before using them.
Contests and Promotions
We may offer contests and/or promotions on our website from time to time. These contests and promotions may have specific governing rules.
By participating in these events, users signify their agreement with and acceptance of the specific contest rules. Individuals who do not agree with the rules of particular contests and promotions should not participate in them.
If the contests and promotions we offer are not allowed by your particular country or jurisdiction, you may not enter or participate in them.
Note: If you have any questions concerning these contest rules, please contact us and we will be pleased to help you understand them. We do want you to feel free to participate in our contests and promotions.
Forums, Blogs and/or Message Boards
We may make forums, blogs and/or message boards available for our customers to use. These discussion groups have rules that govern the manner with which you can make submissions. These rules are part of this Agreement. Participation in such groups indicates your understanding and acceptance of, and compliance with, the governing rules.
Your participation in any forums, blogs and message boards, or other such forms of Communications on our website is done solely at your own risk. We accept no liability for any consequences that result from your participation in such media.
By participating in these groups, you agree not to post anything that is reasonably considered inappropriate and/or illegal including but not limited to submissions deemed to be obscene, racist, libelous, or inflammatory, as well as any submission that infringes upon trade-marks or copyrights.
We claim no responsibility or liability, and you agree not to hold us responsible or liable, for any damages and/or consequences to you or any other person resulting from the actions and/or submissions of any group participant. We are not obligated to confirm the identities of any website users. By viewing postings, you signify your acceptance of the aforementioned terms and conditions.
Any commercial activity you engage in with others on this website is done strictly at your own risk. We accept no liability to you or any other persons for any consequences that result from your participation in such activities.
We reserve the right to monitor all submissions made to our discussion groups to determine your compliance with the governing rules. We reserve the right to edit or delete submissions if we, in our sole discretion, determine that all or part of the submission violates the governing rules.
We provide the opportunity for group participants to complain about the actions and/or submissions of another individual. We reserve the right to investigate any complaints arising from your use of the groups. If we, in our sole discretion, determine there has been an infringement of group rules, we reserve the right to suspend or terminate your participation in the group. We claim no liability or consequences as a result of this action.
Further, we reserve the right to disclose your submissions and/or your identity to law enforcement agencies if we, in our sole discretion, feel it is necessary to do so, or if we are required to do so by law.
Note: If you have any complaints about the actions and/or submissions of another group participant, please contact us immediately. We want your use of this website to be safe and enjoyable.
Submissions and Postings
All suggestions, ideas, notes, posts, concepts, comments, product and store reviews, feedback, surveys, and other information you may from time to time send us or post on such venues as our user forums, blogs, message boards, and customer feedback, survey, and product review systems, (collectively, "Submissions") become our sole property, and as such, we reserve the right to utilize these Submissions with no expectations of confidentiality. By sending us Submissions, you hereby grant us licence to utilize them and/or anything derived from them in any manner according to our sole discretion.
Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions, and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions or any other persons.
Note: This statement is necessary to limit our liability due to the potential unauthorized use of customer submissions. We value our customers’ input and certainly welcome it. If you submit something that would be of benefit to us, you, or other customers, we would like to feel free to utilize it. This statement allows us to improve our products and services, which benefits you as well as our other customers.
This Agreement and any applicable transaction agreements govern all transactions made on this website which includes the sale of any goods or services. Your involvement in any transaction on this website signifies your acceptance of this Agreement and any other applicable transaction agreements.
We reserve the right to change the price of any item or service listed on our website, at any time, without prior or subsequent notice, and accept no liability to you or any other persons resulting from these changes. We reserve the right, at any time, to correct errors or misprints that have been made on our website (including but not limited to pricing errors or misprints), without notice, and accept no liability to you or any other persons resulting from these errors or misprints or the corrections to them.
If the price of an item you purchased has been incorrectly listed due to an error or misprint, we reserve the right to correct the error even if you have already paid for the goods. You further acknowledge that we are in no way bound to sell the item at the incorrectly displayed price. You will be informed of the error and will be given the opportunity to cancel your order. We accept no liability for any consequences resulting from this correction or your cancellation of the order. If you already paid for the goods and decide not to complete the transaction after the correction of the error, we will issue a full refund.
We provide no assurance that goods and services you purchase are available when you make your order. If any item is unavailable at the time of your order, we will inform you and give you the opportunity to cancel your order. We accept no liability for any consequences resulting from your cancellation of the order.
We reserve the right to limit quantities of any item or items sold to an individual. We also reserve the right to correct, refuse, or terminate any order for any reason, even if the goods have been paid for. If goods have been paid for and we cancel the order, we will issue a full refund.
Note: We do our best to catch any error or misprint, however, as you well know, errors do occur, some of which may be beyond our control (we are dealing with computers after all). These policies just allow us the framework with which to deal with errors.
All listings of goods and services on this website are invitations to purchase not offers to sell. Your offer to purchase items from our website will only be accepted upon proper completion and delivery of your order form and upon our approval of your offer (which involves but is not limited to the approval of payment terms).
Prior to the completion and delivery of your order form, and our approval of said offer, no offer to sell items will have been made and no purchase contract will have been established even if the goods have already been paid for. We will inform you when your offer to purchase has been accepted.
Note: This statement is necessary to satisfy the requirements associated with the establishment of electronic contracts. When you complete and submit an order form and we accept it, a contract is set up. This contract is binding on both parties. If we, for any reason, decide to reject the offer to purchase (for example in a case of suspected fraud), we do not want to be held to a contract that has been made. Until we actually accept your offer to purchase, no contract will have been established.
You may cancel your order by contacting us, however, if we receive the cancellation request after the order has been accepted and processed, we will be unable to prevent billing from occurring. Orders may not be cancelled after the item or items have been shipped out. In such cases, the item or items can be returned according to our Returns Policy (see following section).
Shipping and Returns Policy
We are very willing to work with you to process any return requests, however, to ensure proper return processing and prevent miscommunications, we require that you contact us prior to returning any goods regardless of the reason for the return.
You must inform us of your desire to return an item within 14 days of receiving your order. No returns will be accepted after this 14-day period. It is your responsibility to ensure that we have received your return request. We are not responsible for any miscommunications such as misdirected or lost emails. When we receive your return request, we will confirm it by contacting you. If you do not receive this confirmation, please contact us again.
All returned items (with the exception of those with manufacturer’s defects or shipping damage) must be in new, resalable condition and show NO signs of use, abuse, or damage. Defective items must also show no signs of use, abuse, and, apart from the manufacturer’s defect, should show no damage. All items must also have all the original packaging (including all the original packing material) in good condition, and have all the enclosed materials such as warranty cards, owner’s manuals, tags, parts, and accessories, etc., which must be in new and unmarked condition. We would like to reuse packaging as much as possible to cut down on waste, so we ask that you please open the packages carefully and do not write on them. You must include the original invoice in the return package (you should make a copy for your records).
If the goods are not returned in the previously mentioned condition, a restocking fee of up to 25-percent may be applied or we may refuse the return. We will also deduct the cost of repairing or replacing damaged or missing items. We will not refund any shipping costs and will not pay for the return shipping costs.
Note: Basically, we are just trying to be reasonable. We cannot be expected to give a full refund if we receive a returned item in a used or abused condition. That sounds fair doesn’t it?
For Canadian orders, we will arrange to have the returned item picked up, however, it is your responsibility to ensure that your return gets to the courier. Therefore, if you are not able to meet the delivery driver when he or she comes to pick up your return, you must deliver the package to the drop off outlet for the courier we specify. All returned items must be released to the applicable courier within five business days of informing us of the return. We reserve the right to refuse any returns if they are not released to the courier within the previously mentioned time.
Refunds will be given only after we have received the returned item and have assessed its condition. FedEx imposes a charge of $3.75 per package when they are picked up for return to us. Therefore, for Canadian orders, the return shipping charge, plus $3.75 per package, will be deducted from the refund.
If you return an item purchased during our "Free Shipping" offer, the cost of shipping the item to you will be deducted from the refund. This shipping cost will be shown on the item receipt.
If you purchased items with a credit card, your refund will be credited to the same card. For purchases made using PayPal, we will transfer the refund to your PayPal account.
We reserve the right to change our Shipping and Return Policies at any time without notice or liabilities to you or any other person. You should check this section before making any purchases to see if any changes have been made.
By using this website and/or purchasing items from us, you acknowledge that you have read, understand, and accept our policy concerning product shipping and product returns as presented in this Agreement. Our Shipping and Returns Policy is a part of this Agreement.
Purchases made from any affiliate stores and businesses are not shipped and sold by us. All shipping and returns matters for these transactions must be referred to the applicable businesses.
Products listed for sale on this website are covered by their respective manufacturers’ warranties. Other than the stated manufacturers’ warranties, we provide no addition warranty coverage. By using this website and/or purchasing items from us, you acknowledge that you have read, understand, and accept our policy concerning product warranties. Our Warranty Policy is a part of this Agreement.
Software and Downloads
We may provide software and/or downloads that can be accessed from this website or from the websites of our providers or others. These downloads may be protected by their respective copyrights and/or user agreements. By accessing these files, you signify your acceptance of the respective agreements.
No Advice or Solicitation
This website and its contents are made available to you for your convenience and to provide you with information only. It is not intended to be complete and detailed. Further, this website is not intended to offer any advice or recommendations, or an offer to purchase or sell any goods and services. You should request additional professional advice and guidance before initiating any action or inaction based upon the information presented in this website, or given to you by us through other means of Communications.
For any disputes arising out of your use of this website and/or your purchase of goods and services from us, you agree to initially attempt to settle such disputes with us prior to initiating litigation.
This website is owned by Fresh Outlook Foundation (a registered charity located in the Province of British Columbia, Canada), and is operated from Vernon, BC, Canada. As such, the laws of British Columbia, Canada and the federal laws of Canada (if applicable) are considered to be the sole governing laws for the terms and conditions contained in this Agreement and elsewhere throughout this website, without giving effect to any principles of conflicts of laws. All rules of international law are excluded.
Further, these same laws of British Columbia and the applicable federal laws of Canada are the sole governing laws for your use of this website, and all other matters concerned with this website’s operation, without giving effect to any principles of conflicts of laws. All rules of international law are excluded.
You agree that all actions or proceedings arising directly or indirectly out of this Agreement, and others found elsewhere throughout this website, or your use of this website or any services or products obtained by you through such use or any other matters related to your use of this website, shall be litigated in the Courts of British Columbia sitting in the City of Vernon, BC, Canada. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding, and are waiving any claim that Vernon, BC, Canada is an inconvenient forum or an improper forum based on lack of venue.
You agree that all actions or proceedings arising directly or indirectly out of this Agreement, and others found elsewhere throughout this website, or your use of this website or any services or products obtained by you through such use, or any other matters related to your use of this website, must be brought before the Court of British Columbia sitting in the City of Vernon, BC, Canada within six (6) months after the claim or action occurs. After this time, the claim can no longer be brought before any court and is forever barred despite any laws to the contrary.
If you do not agree with these statements, you should not use this website or purchase any products from us.
Note: This statement is necessary due to the worldwide accessibility of this website. We wish only to be subject to the laws of Canada concerning disputes, therefore, we must include this statement as well as identify where disputes would be legally settled. If you have any questions about this section, please contact us.
In order to keep our accounts current, we may, in our sole discretion, terminate accounts that have not been accessed for an extended period of time. We will endeavor to notify an account holder of our intent to terminate the account by accessing the provided email address. Failure to respond to the notification in a reasonable time will result in the termination of the account.
We strongly recommend that you keep your accounts and contact data current and in use. While we desire to prevent active accounts from being terminated prematurely, we have no obligation to maintain accounts that appear to have been abandoned. You agree that failure to access your account for an extending period of time indicates that your account has been abandoned and that the account may therefore be terminated.
Note: We just need to be able to free up space in our database from time to time by deleted old accounts that have not be accessed for some time. This also helps us ensure that we have current information for our customers.
Agreement and Website Termination
We reserve the right to temporarily or permanently change or terminate all or part of this website or any of our services at any time at our sole discretion, without prior notice or liability to any current or previous website users or any other persons.
You may not continue to use this website or our services if you breach any part of this Agreement. Fresh Outlook Foundation may, for any reason, in its sole discretion, temporarily or permanently terminate your right to use this website or its services without prior notice or liability to you or other persons.
If you terminate your use of this website or our services or if we for any reason temporarily or permanently terminate your right to use this website or our services, this Agreement and all provisions contained within it, will continue to be binding upon you concerning all your prior uses of this website or our services, including matters connected with previous purchases you made with us. This applies to all matters relating to, arising from, or connected to any prior usage of this website or our services.
In the event that any of the provisions listed in this Agreement is found to be unenforceable, unlawful, or invalid, the aforementioned provision will be considered separated from this Agreement. All other remaining terms and conditions in this Agreement will remain valid and enforceable and you will continue to be bound by them.
This Agreement continues to be binding upon you and your heirs, including but limited to your representatives, executors, successors, and/or administrators. This Agreement also retains its validity with our heirs, including but limited to our representatives, executors, successors, assigns, and/or administrators.
No waiver of any provisions of this Agreement will be considered a waiver for subsequent or previous infringements of this Agreement.
Whew!!! You made it all the way through this document. It was not exactly what you would call interesting reading was it? Don’t you just love all that legal stuff? Such is the cost of doing business on the Internet. The information in this document is tailored to protect us and help satisfy our legal requirements. Basically, we would not be able to do business on the Internet without a document such as this (at least not without risking serious issues of liability).
Every website you visit (particularly those you choose to make purchases from) should have a document such as this and you are well advised to review it carefully. For your own protection, you should be very cautious doing business with companies who do not precisely spell out all the terms and conditions related to using their website and purchasing items from them.
At Fresh Outlook Foundation, we value the relationships we have with our website users. Purchasing items on websites such as this one should be enjoyable and safe and we will endeavour to make your experience with us as pleasant as possible.
Thank you for your patience in reviewing this document,
Rick de Vries
Fresh Outlook Foundation