Terms and Conditions - FreshSX

freshSX is an online Membership (“Subscription”) service (the "Service") owned and operated by freshSX, (“freshSX”). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between freshSX and persons who elect to become subscribers to the Service (the "Subscribers").

1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the "Agreement"). This Agreement may be modified or amended/ updated in line with European/ International Law by freshSX at any time, and changes are effective upon notice to each Subscriber. Notices by freshSX to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.

2. Subscribers will be charged a subscription fee for the Service, in accordance with freshSXs then current billing terms. Except, as otherwise provided herein, subscription fees are non-refundable.

3. Until such time as this Agreement is terminated in accordance with its provisions, The Subscriber agrees to pay his/her subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes freshSX.com or it’s Agents to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. Subscribers using a money transfer system or Online cheque payment system also acknowledge that if payment is returned unpaid for “Not Sufficient Funds” or “Insufficient Funds”, the Customer is responsible for the unpaid transaction, plus a “Returned Item Fee” of the Banking Services we use or the Maximum allowed by law will be electronically debited from the Customers bank account.

4. Subscriber agrees to immediately inform freshSX of any of the following changes in his/her credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to freshSX of same, Subscriber will remain liable to freshSX for any and all charges for unauthorized use of the Service and will be liable to any costs whatsoever in freshSX re-claiming Charge Back costs and such like which will be levied against the Service by the Banking/ or Credit Card Clearing/or Billing Agencies.

5. Non-recuring, one time charge memberships will not automatically renew upon expiration. mambers wishing to continue to use FreshSX.com after expiration of a non-recuring membership are required to rejoin again through our billing company. Automatcially recurring subscription to the Service will be automatically renewed for the original term upon expiration of such Term, unless freshSX is notified via our online Customer Service Area at https://secure.vxsbill.com/cancel.php3?site=288 prior to expiration.

a) 30 DAY memberships will renew automatically for a further 30 days upon expiration.

b ) Cancellation of automatically renewing membership may ONLY be accomplished via the freshSX.com customer billing support on our Website. You may access this website by going to https://secure.vxsbill.com/cancel.php3?site=288. This service is available 24 hours a day, seven days a week. Upon cancellation of your account, you will receive an email confirmationr for your records.

6. Special promotional joining offers are for limited periods and subscripctions may revert back to full membership prices once a promotion is finished.

7. freshSX has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.

8. Upon becoming a Subscriber to the Service, freshSX will provide the Subscriber with a unique ID and Password which allows access to the Service limited or otherwise depending on the Terms of membership taken. The ID and password is issued by freshSX/ or its Agent, in the form of a revocable license and remain the property of freshSX and constitute proprietary information and are the property of freshSX. IDs and passwords are non- transferable. Each Subscriber/ Member must keep his password strictly confidential. Remember your password, for security reasons, freshSX will not release passwords for any reason, without validation of proof of such membership, ie confirmation of your email address/ or except as may be specifically required by law or court order. Transfer of any ID or password to another person or organisation, or allowing any person or organisation other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Subscribers understand that logins to FreshSX.com are monitored and tracked by IP address. Subcribers logging in from multiple locations at the same time and/or from more than 5 different countries in one month may have their account suspended. For account reactivation please email support@freshsx.com

9. Subscriber hereby states and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age and has the legal capacity to enter into an agreement of this nature. freshSX makes no representation or warranty that the content published on freshSX complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on FreshSX.Com, namely, erotic and sexually explicit materials, and that you voluntarily and knowingly choose to view said material, and that such material does not offend your sensibilities. Should you be unable to positively affirm these said terms and make the representations and warranties contained herein, DO NOT subscribe to this Service.

10. Under no circumstances, including, but not limited to, negligence, shall freshSX or any of its related, affiliated Companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. The Subscriber specifically re-affirms and agrees that FreshSX is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to FreshSX for the preceding twelve (12) months.

11. FreshSX MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. FreshSX, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, FreshSX MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

13. Subscriber agrees to indemnify and hold harmless freshSX, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained stated herein. Should any such claim for indemnity arise, or should any action be brought by Subscriber or freshSX relating to any services or products offered by or through the Service, the Subscriber agrees to submit to the personal jurisdiction of any of the Courts of European Union. Should any such claim for indemnity arise, or should any action be brought by subscriber or freshSX relating to any services or products offered by or through the Service, except those claims or actions relating to those products and services covered in paragraphs 13i., and 13ii., stated below, The Subscriber agrees to submit to the personal jurisdiction to and of any of the Courts in the European Union.

13i. If a claim or cause of action arises due to the failure by subscriber to pay for product or service or if a claim or cause of action for insufficient funds or fees due as a result of insufficient funds arises, freshSX or the freshSX agent(s), authorized to process and/or collect funds or assignees or attorneys on behalf of freshSX, may at their option, bring said claim or cause of action in any of the European Union Courts, and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS.

13ii. All claims or causes of action arising due to the failure by subscriber to pay for product or services or any claim or cause of action for insufficient funds or fees due as a result of insufficient funds shall be GOVERNED BY THE LAWS OF THE EUROPEAN UNION and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF PROCESS regarding these claims or causes of action shall be accomplished VIA CERTIFIED/ REGISTERED MAIL at the address designated on this agreement or on the agreement with the freshSX OR of its Agent(s) who is authorized to process payments and SHALL BE DEEMED PERSONAL SERVICE.

14. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by freshSX, or is licensed under copyright by freshSX, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of freshSX.

15. The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is prohibited.

16. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material on its Website Notice Boards / Forums. Transmission of such material that violates any European, State, or Local Law, is prohibited and is a breach of this Agreement.

17. Subscribers agree not to engage in advertising to, or solicitations of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.

18. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications between Subscribers. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).

19. Notices by freshSX to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. Refunds will only be offered where the site www.freshsx.com is offline and not accessible on the world wide web and for every 24 hours that the site is not accesible worldwide, memberships will be extended for 24 hours.

· All questions, complaints, or notices to freshSX by means of electronic message must be directed to support@freshsx.com

· All questions regarding new freshSX membership by means of electronic message should be sent to support@freshsx.com

20. This Agreement sets forth the full and complete understanding between Subscriber and freshSX with respect to its subject matter, and overrides all prior understanding or agreements, statements whether written or verbal. This Agreement may be amended/ or updated due to changes enforced upon us by the International or European Courts, and will inform to give due notice by freshSX to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the European Union for contracts entered into and wholly performed within that Union. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her reasonable attorneys' fees.