Terms & Conditions
Freshmac is a cleaning and optimization utility for your computer, issued by Company as a computer program in machine readable object code form pursuant to this Agreement. Company grants you a limited license to use Freshmac subject to the terms of this Agreement, and Company reserves all rights not expressly granted to you herein. By downloading, installing, copying or otherwise using all or any portion of Freshmac, you agree to be bound by the complete terms of this Agreement, and expressly acknowledge that Company may terminate your account for violation of any portion hereof. Do not use Freshmac unless you agree with the complete terms of this Agreement.
TRIAL LICENSE FOR EVALUATION PURPOSES
Company may grant you a non-exclusive, non-transferable license within its sole discretion to use a functionally-limited version of Freshmac ("trial version") strictly for evaluation purposes subject to this Agreement. You may use the trial version of Freshmac (provided to you free-of-charge by Company) to scan your computer for system and user related items and issues that may be impairing your computer's speed or performance. However, you must purchase a non-exclusive, non-transferable commercial license in order to activate the full functionality of Freshmac to clean such items and optimize your computer's performance.
COMMERCIAL LICENSE FOR CLEANING AND OPTIMIZATION
Upon your purchase of Freshmac, Company shall grant you a non-exclusive, non-transferable commercial license to use Freshmac strictly in accordance with this Agreement. You promise not to transfer, assign, rent, lease, sublicense, or loan Freshmac to any other person or entity, except as expressly permitted by this Agreement. You acknowledge and agree that any breach of said promise shall render your license null and void and result in the immediate termination of your rights under this Agreement.
You must purchase a commercial license, furnish certain personal information during the purchase process, and have an active internet connection in order to activate the full functionality of the Freshmac software. Upon purchase, Freshmac will activate itself automatically, and you will also receive a license key via email as a backup in case you need to reactivate your copy of Freshmac for any reason (such as reinstalling your operating system or implementing other modifications to your computer's hardware configuration). Your commercial license shall be limited to the computer(s) you use to complete activation, subject to the following: your license allows you to use Freshmac either (a) one computer used by multiple persons, or (b) multiple computers used by one and the same person, provided, however, that your copy of Freshmac may only be used on one computer at a time. Use of Freshmac by multiple users on multiple computers shall violate the scope of this license and render it null and void. You acknowledge and agree that Company may suspend additional activations performed under your license if Company deems such activity excessive, within its sole discretion.
Company or its licensors own all copyright and other intellectual, industrial and/or proprietary rights to Freshmac and any whole or partial copies Freshmac that you may make. Company prohibits any use of Freshmac other than in accordance with the terms of this Agreement, and reserves all rights not specifically granted to you hereunder. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow to any third party to make benchmark or other tests of Freshmac except for those uses allowed in this Agreement.
These General Terms govern your commercial license. You represent and warrant that you are of legal age to consent to this Agreement, and that all registration information you submit is accurate and truthful. The Company may in its sole discretion terminate this Agreement and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by law as permitted in the applicable jurisdiction.
You may purchase Freshmac by selecting one of four subscription billing options:
AUTOMATIC RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE AT THE END OF YOUR SUBSCRIPTION PERIOD
COMPANY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION UPON EXPIRATION OF THE TERM OF YOUR SELECTED SUBSCRIPTION BILLING PLAN, AS AUTHORIZED BY YOU BY CHECKING THE BOX DEMONSTRATING YOUR CONSENT FOR AUTOMATIC MONTHLY RENEWAL OF YOUR SUBSCRIPTION DURING THE SIGN-UP PROCESS, BY CHARGING YOUR PAYMENT CARD ON FILE WITH THE APPLICABLE SUBSCRIPTION FEE FOR THE SAME PLAN YOU PREVIOUSLY SELECTED. COMPANY WILL SEND YOU AN EMAIL NOTICE 30 (THIRTY) DAYS IN ADVANCE OF THE AUTOMATIC RENEWAL DATE STATING THE RENEWAL PRICE AND RENEWAL DATE, AND REMINDING YOU THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THAT PRICE ON THAT DATE UNLESS YOU CANCEL OR DISABLE THE AUTOMATIC RENEWAL FUNCTION BEFOREHAND. FRESHMAC WILL AUTOMATICALLY NOTIFY YOU TO MANUALLY RENEW YOUR SUBSCRIPTION TO AVOID AN INTERRUPTION IN SERVICE IN THE EVENT THE AUTOMATIC RENEWAL CHARGE IS UNSUCCESSFUL.
- The Unlimited Plan. By selecting the Unlimited Plan, you will be billed $49.97 for 6 (six) months, which gives you access to install and use Freshmac on an unlimited number of Macs within ONE household.
- The 1 Mac Plan. By selecting the 1 Mac Plan Plan, you will be billed $39.97 for 6 (six) months, which gives you access to install and use Freshmac on ONE mac computer.
You may cancel your Freshmac subscription at any time by contacting Company's support (http://support.freshmac.com), or by contacting its billing service provider, PayProGlobal, directly at 1-866-933-4313 (Toll free) or 1-646-873-6857 (International) or by email at firstname.lastname@example.org or email@example.com . All cancellation requests must be received by Company or PayProGlobal at least 5 (five) business days before the scheduled automatic renewal date. If you cancel your Freshmac subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, at which point such benefits shall expire. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
You may cancel your Freshmac subscription for a full refund with no questions asked by contacting customer service at (http://support.freshmac.com) 30 (sixty) days of purchase. Our customer service agents will process your refund within 10 business days of receiving your refund request, but it may take longer for the associated credit to be reflected in your account depending upon your payment card issuer.
TERM AND TERMINATION
This Agreement is effective until terminated. Without prejudice to any other rights, Company may immediately terminate this Agreement for your breach of these terms and conditions. In such event, you must cease all use of Freshmac and destroy all copies of Freshmac in your possession. Company's failure to terminate this Agreement upon your failure to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by Company hereunder.
Company may provide you with automatic updates of Freshmac from time to time. You may disable the automatic update (default) setting by accessing the Freshmac "Preferences" menu, in which case you will have the opportunity to decline installation of future updates.
ADDITIONAL PRODUCT AND SERVICE OFFERS
You agree that Company may email you content and offers regarding other products and services from time to time to the email address associated with your Freshmac account unless you modify your account settings or contact customer service at (http://support.freshmac.com) to opt out of future mailings.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF FRESHMAC OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF, OR CERTAIN LIMITATIONS ON, DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF FRESHMAC. FRESHMAC IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "COMPANY") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN FRESHMAC WILL MEET YOUR REQUIREMENTS OR THAT COMPANY WILL MODIFY FRESHMAC'S FUNCTIONALITY TO FIX ANY ALLEGED DEFECTS OR MEET YOUR EXPECTATIONS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF YOUR USE OF FRESHMAC IN REGARD TO CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY AUTHORIZED REPRESENTATIVE(S) OF COMPANY OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO FRESHMAC.
SHOULD FRESHMAC PROVE DEFECTIVE, YOU (AND NOT COMPANY OR ANY OF ITS AUTHORIZED REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED HEREIN MAY NOT APPLY TO YOU. COMPANY PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY YOUR USE OF FRESHMAC OR ANY DATA YOU MAY DOWNLOAD USING FRESHMAC. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING FRESHMAC. COMPANY STRONGLY RECOMMENDS THAT YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
You agree to defend Company, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold harmless Company, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Freshmac. Company reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Company upon its request.
TECHNICAL AND RELATED INFORMATION
Company and its affiliates may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Company and its affiliates are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Company and its affiliates shall be limited in such a manner that neither Company or its affiliates will be capable of reconstructing the contents of files and folders you use from within Freshmac or any other personal files and folders that are accessible to Freshmac when you use it.
Company may issue a license key to you, which you may need to activate Freshmac pursuant to your commercial license. Company and its affiliates and distributors may link the said license key to you personally, and any such license key shall be for your usage only and may not be distributed, published or otherwise communicated to third parties by you absent Company's prior written permission.
Company shall not be in default of any obligation under the Agreement for any failure to perform due to any event beyond Company's control, including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, Hack attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
These terms and conditions represent the entire Agreement between you and Company relating to Freshmac and supersede all prior oral or written communications and representation with respect to Freshmac or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
You may uninstall Freshmac at any time by following the directions provided via the official website (http://freshmac.com/uninstall_freshmac).
If any part of this Agreement is held invalid or unenforceable, the remaining provisions shall be unimpaired and remain in full force and effect.
DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
Please read this carefully. It affects your rights.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO A CUSTOMER'S SATISFACTION BY WRITING TO OUR CUSTOMER SERVICE DEPARTMENT AT (HTTP://SUPPORT.FRESHMAC.COM.) OR AND FIORENTINO MEDIA INC., ATTN: CUSTOMER SERVICE , AT 7904 EAST CHAPARRAL ROAD, SUITE A110-430, SCOTTSDALE, AZ 85250. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WE HAVE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO COMPANY'S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. THIS INCLUDES ANY CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU (SUCH AS OUR LICENSORS, AFFILIATES OR THIRD PARTY VENDORS) WHENEVER YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING.
ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
WE EACH ALSO AGREE THAT THIS AGREEMENT AFFECTS INTERSTATE COMMERCE SO THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY (DESPITE THE CHOICE OF LAW PROVISION BELOW). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NEITHER YOU NOR COMPANY HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM.
ALL DISPUTES RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO COMPANY FOR BREACH OF CONTRACT, UNFAIR COMPETITION, INTENTIONAL TORTS, OTHER TORTS, OR ANY CAUSE OF ACTION WILL BE ARBITRATED ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN SCOTTSDALE, ARIZONA, INCLUDING ANY DISPUTE ABOUT THE SCOPE OF THIS ARBITRATION AGREEMENT, AND INCLUDING ALL QUESTIONS ABOUT THE TYPES OF DISPUTES THAT ARE SUBJECT TO THIS ARBITRATION AGREEMENT, ALL OF WHICH YOU AGREE WILL BE DECIDED BY THE ARBITRATORS, WHOSE DECISION WILL BE FINAL AND BINDING ON YOU. ANY ISSUE CONCERNING THE EXTENT TO WHICH A DISPUTE IS SUBJECT TO ARBITRATION, OR CONCERNING THE APPLICABILITY, INTERPRETATION OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING ANY CONTENTION THAT ALL OR PART OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND RESOLVED BY THE ARBITRATORS. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATORS DETERMINE, IN THEIR SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING, (I) THERE SHALL BE NO AWARD OF PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES, (II) ALL DAMAGES CLAIMS AND AWARDS WILL BE GOVERNED BY THE PROVISIONS OF THE ARIZONA CIVIL CODE, AND (III) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS' FEES. IF YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY INDIVIDUALLY AND AS A GROUP TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES. YOU AGREE TO BE SUBJECT TO THE JURISDITION OF ARIZONA.
Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Maricopa County, Arizona. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
For all purposes of this Agreement, each of Company's third-party licensors of Freshmac shall be expressly deemed an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.
If you have any questions, comments or suggestions, you may contact Company in writing at Fiorentino Media Inc., 7904 East Chaparral Road, Suite A110-430, Scottsdale, AZ 85250 or by email at firstname.lastname@example.org.