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SHIPPING & HANDLING

Handling and Processing
Orders placed in the United States are processed and shipped within 3-4 business days. During the Holiday Season, orders placed in the United States are processed and shipped within 5-7 business days.

Order Changes
If you need to make a change to the shipping address on your order, please reach us directly by email at cs@funkfreshcouture.com.

Tracking Information
Tracking numbers will be provided once your order has been processed and shipped. Once your order has shipped, you will receive an email that will contain a tracking number and link to help you track your package. Please allow 24 hours for the tracking number to become active. If for any reason you do not receive a tracking number within 3-4 business days (5-7 business days during the Holiday Season), please feel free to reach us directly.

E-mail: cs@funkyfreshcouture.com

Shipping Rates
Shipping rates are determined based on the carrier service that is chosen at checkout. Most orders take approximately 3-7 business days to arrive (this excludes international orders) from the day of shipment.

Free Shipping Option
All orders over $75 (within the United States, excluding Hawaii and Alaska) are eligible for free shipping. Free shipping generally takes 3-7 business days, depending on geographical location. Please note, orders must be $75 before taxes and shipping. If using a discount code, orders must total $75 after the discount has been applied.

Expedited Shipping Options
Funky Fresh offers expedited shipping options via UPS. All orders requesting expedited shipping (Next Day Air, Second Day Air or Three Day Select) must be placed before 4:00PM (EST) to be processed the same day. Please note, if you place an expedited order on Friday, you will not receive it until Monday at the earliest.

Due to growing fraud, all orders requesting expedited shipping are required to have a billing address that matches the address in which the order is being shipped to. If you require a package to be shipped to an alternate address, you will be emailed by a customer service representative to provide proper documentation. The verification process may delay the processing time of your order. Failure to provide requested documentation will result in your order being cancelled.

Most orders take approximately 3-7 business days to arrive (this excludes international orders) from the day of shipment.

Please feel free to contact us with any questions or concerns. We will respond to your inquiry within 1 business day.

Please note: If you have made a purchase, you can expect a tracking number via email within 2-3 business days after placing your order.

E-mail: cs@funkyfreshcouture.com

INTERNATIONAL SHIPPING AND HANDLING
All international packages are subject Duties, and Search. In some cases, packages will be subject to additional taxes based on value. Funky Fresh is not responsible for Duties, Taxes, Import fees imposed by Customs and any additional fees encountered during the shipping process. Funky Fresh cannot determine in advance, what these fees will be, but we do try to minimize these charges by listing the wholesale cost of your package on the commercial invoice rather than the retail value. This provides the customs agents with a true, legal value, while minimizing your costs. Funky Fresh cannot mark international orders as a “Gift” in order to reduce Customs fees.

VAT TAXES (CUSTOMS FEES)
These fees are not included in the shipping price of your order. These fees are calculated at the shipping destination and must be paid upon delivery. Depending on the country, different fees will apply. Funky Fresh is based in the USA. All orders are processed in USD. International customers are encouraged to pay using PayPal.

USPS First Class International
2-8 business weeks after ship date. Price is dependent on destination. Detailed tracking information is offered with this service.

USPS Expedited
3-6 business days after ship date. Price is dependent on destination. Detailed tracking information is available with this service.

Please Note: If you refuse to accept the incurred fees and the package is determined unclaimed, denied or otherwise refused, Funky Fresh will NOT provide any form of refund nor reship the order. Instead, the order will be marked as received. When packages are determined unclaimed, denied or otherwise refused, Customs will destroy the package.

Tracking Information
Tracking numbers will be provided once your order has been processed and shipped. Once your order has shipped, you will receive an email that will contain a tracking number and link to help you track your package. Please allow 24 hours for the tracking number to become active. If for any reason you do not receive a tracking number within 2-3 business days, please feel free to reach us directly.

Please allow 2-3 weeks for International orders to arrive. If your order has still not arrived within the allotted time frame, please check with your country’s Customs department and provide them with your tracking number and carrier. For any further assistance, please feel free to reach us directly via E-mail: cs@funkyfreshcouture.com.

For more information on Customs and Duties charges, please contact your local Customs office.

RETURNS & EXCHANGES:
Funky Fresh will accept returns and exchanges for up to 14 days after receipt of your purchase. Before sending out your item(s), please contact Customer Service via e-mail.

Exchanged item(s) must be sent back in their original packaging, unworn and unwashed with tags still attached. Attached with your item(s), please include a copy of your invoice and a written explanation indicating the reason the item(s) are being exchanged. Funky Fresh reserves the right to refuse any exchanges and/or returns.

Customers are responsible for the shipping charges associated with shipping the product to our warehouse. In turn, Funky Fresh will cover the shipping fees associated with redelivering the desired item(s). Funky Fresh recommends that all packages being exchanged be insured by their carrier when shipping. Funky Fresh is not responsible for any packages that are lost during transit.

Received wrong item(s) or damaged item(s):
If your order was received damaged, incomplete or incorrect, please notify us within 5 business days upon receiving. We are not responsible for any damages done during or after washing of the item(s). Funky Fresh will then e-mail you a pre-paid return shipping label. Once the return has been processed, the proper item(s) will be reshipped and tracking will be provided via e-mail.

Please Note: Prior to any exchanges please contact us via e-mail to check on the availability of the item(s). Please have a second and/or third option due to changes in availability.

E-mail: cs@funkyfreshcouture.com

Please send all exchanges including a copy of your invoice and a written explanation indicating the reason the item(s) are being exchanged to the address below:

Funky Fresh
Attn: Returns
P.O Box 7096
Port Saint Lucie, FL 34985

FUNKY FRESH DIGITAL PRIVACY POLICY

Effective January 15, 2017

This FUNKY FRESH Digital Privacy Policy (USA) (“Privacy Policy”) describes how we collect and use your information through a variety of digital means. By accessing or using this website, mobile application or other FUNKY FRESH product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you consent to our Privacy Policy. FUNKY FRESH may modify this Privacy Policy at any time effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy is incorporated into, and is subject to, the Terms of Use.

While this Privacy Policy is intended to generally describe our privacy practices, our goal is to also provide more detailed information at times when it’s most meaningful to you. Please look for these notices within our FUNKY FRESH services.

COLLECTING INFORMATION

WHAT YOU GIVE US
We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.

WHAT WE COLLECT FROM YOU
We may automatically collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

WHAT WE COLLECT FROM OTHER FUNKY FRESH INTERACTIONS AND THIRD PARTIES
We may combine information you give us with other information from FUNKY FRESH sources, transactions and communications. This may include, but is not limited to, information from FUNKY FRESH stores, direct mail, catalogs, events, products and applications, or other FUNKY FRESH interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

CHILDREN’S PRIVACY
We do not knowingly collect or solicit personal information from children under 13.

USING INFORMATION
We may use your information to do the following:

ENABLE YOUR USE
– Enhance, customize and personalize your FUNKY FRESH experiences and communications

– Use FUNKY FRESH features, such as running routes, race registrations, placing an order and other activities

OPERATE, IMPROVE AND ANALYZE

– Operate, provide, improve and maintain FUNKY FRESH’s products and services, including analyzing user behavior and trends

– Send you administrative messages and other information about FUNKY FRESH. Communicate with you about your purchase, account information or customer service

PROVIDE AND CONDUCT MARKETING AND PROMOTIONS
– Communicate with you about our products, services and events, and for other promotional purposes

– Administer contests, promotions, events, surveys or other features

– Display relevant marketing to you

SHARING INFORMATION
We may provide your information to FUNKY FRESH, LLC. companies and affiliates, including Converse and Hurley (“FUNKY FRESH Family”), some of which may be outside the U.S.

SERVICE PROVIDERS
We may transfer your information to FUNKY FRESH Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features.

BY LAW OR TO PROTECT RIGHTS
We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property or safety. We may share information to prevent illegal uses of FUNKY FRESH’s products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

BUSINESS TRANSFERS
Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of FUNKY FRESH. If this should happen, notice will be provided by posting to the website or other form of communication.

PUBLIC SHARING

DEFAULT SHARING
When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture.

SHARING YOU CHOOSE
You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook and Twitter. Please read the privacy policies of those platforms, because your FUNKY FRESH activity published on those platforms will no longer be governed by FUNKY FRESH’s Privacy Policy.

FUNKY FRESH SHARING
Information that is publicly shared may be used by Funky Fresh for promotional purposes.

PROTECTING INFORMATION
Security Measures: we use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.

NO GUARANTEE
However, like other companies, FUNKY FRESH cannot guarantee 100% the security or confidentiality of the information you provide to us.

COLLECTION TOOLS

HOW WE COLLECT INFORMATION
FUNKY FRESH automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons (“Collection Tools”).

TURNING OFF COLLECTION TOOLS
If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. Note that our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

THIRD PARTY TRACKING
We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect information about your interaction with us, including advertising. These companies may not recognize or respond to DNT headers from web browsers. If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website, please click here. Note that if you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.

MODIFYING OR DELETING YOUR INFORMATION
You can modify or delete your profile within certain FUNKY FRESH services, through your account. Your information previously posted may still be publicly viewable. FUNKY FRESH may keep information and content in our backup files and archives.

COMMUNICATION/UNSUBSCRIBE/OPT-OUT
Regardless of the settings you select, FUNKY FRESH may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any FUNKY FRESH communications, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS
Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow FUNKY FRESH to use and collect your personal information in accordance with this Privacy Policy.

TERMS OF USE
Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy as well as our Terms of Use. Please visit our Terms of Use, which explains other terms governing the use of our products and services.

For questions or concerns, please contact FUNKY FRESH Consumer Services/Privacy, P.O. Box 7096, Port Saint Lucie, FL, 34985.

FUNKY FRESH TERMS OF USE

Date of last revision: January 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other FUNKY FRESH product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of FUNKY FRESH. FUNKY FRESH may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. FUNKY FRESH is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY
All intellectual property on the Platform (except for User Generated Content) is owned by FUNKY FRESH or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the FUNKY FRESH name and the “F” design) are owned, registered and/or licensed by FUNKY FRESH. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of FUNKY FRESH; All rights reserved.

PLATFORM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase FUNKY FRESH products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without FUNKY FRESH’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS
All orders placed through the Platform are subject to FUNKY FRESH’s acceptance. This means that FUNKY FRESH may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, FUNKY FRESH will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your FUNKY FRESH account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. FUNKY FRESH is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by FUNKY FRESH.

POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT

BE RESPONSIBLE
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose FUNKY FRESH or its users to any harm or liability of any type.

BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don’t talk about policies, future products, speculations or rumors about FUNKY FRESH and FUNKY FRESH products, or anything else off topic.

BE COURTEOUS AND APPROPRIATE
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in FUNKY FRESH’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Platform user or person.

BE PRIVATE
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

BE PERSONAL
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

BE YOURSELF
Do not impersonate any person or entity, including without limitation athletes or FUNKY FRESH employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one FUNKY FRESH account, register a FUNKY FRESH account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.

BE ORIGINAL
You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant FUNKY FRESH all of the license rights granted in these Terms of Use.

BE LEGAL
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

GENERAL RULES FOR USER GENERATED CONTENT

CONTENT IS NOT PRESCREENED

FUNKY FRESH does not prescreen User Generated Content. FUNKY FRESH does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. FUNKY FRESH is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event FUNKY FRESH chooses to monitor any User Generated Content, FUNKY FRESH assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. FUNKY FRESH reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

ELIGIBILITY AND REGISTRATION
To become a member of the FUNKY FRESH Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

FUNKY FRESH’S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to FUNKY FRESH a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give FUNKY FRESH legally sufficient notice to FUNKY FRESH of infringement. Send copyright infringement complaints to:

Funky Fresh
P.O Box 7096
Port Saint Lucie, FL 34985

We suggest that you consult your legal advisor before filing a notice with FUNKY FRESH’s copyright agent, because there may be penalties for false claims.

LINKS
The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). FUNKY FRESH does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. FUNKY FRESH is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES
The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using FUNKY FRESH’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FUNKY FRESH, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. FUNKY FRESH is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. FUNKY FRESH is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER
FUNKY FRESH is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, FUNKY FRESH disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FUNKY FRESH cannot guarantee and does not promise any specific results from use of the Platform. FUNKY FRESH does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, FUNKY FRESH does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. FUNKY FRESH reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY
FUNKY FRESH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A FUNKY FRESH EVENT OR ANY USER GENERATED CONTENT, EVEN IF FUNKY FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST FUNKY FRESH FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF FUNKY FRESH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, FUNKY FRESH’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS
You agree that this Platform shall be deemed a passive website solely based in Florida, USA, which does not give rise to personal jurisdiction over FUNKY FRESH in jurisdictions other than Florida. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and FUNKY FRESH shall be governed in all respects by FLorida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of FUNKY FRESH products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Saint Lucie County, Florida. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Saint Lucie County, Florida. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of FUNKY FRESH products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from FUNKY FRESH. You agree that any notice, agreement, disclosure or other communication that FUNKY FRESH sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. FUNKY FRESH’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. FUNKY FRESH may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION
FUNKY FRESH reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. FUNKY FRESH also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

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