The following terms ("Terms of Use") constitute an agreement between PNW Sales and Marketing LLC, a Washington limited liability company ("PNW"), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by PNW ("Website"), located at https://www.freshlookfoods.com/.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use.  PNW reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

Purchase and Refund Policies

On the Website, you may purchase Natural & Organic products (the “Products”) via our online store that is serviced by Amazon.com.  Payment and refunds for the Products will be managed through Amazon.   You may also be bound by Amazon’s terms of service, privacy policies or any other applicable policy.   Please refer to Amazon’s respective websites for such policies.

PRIVACY POLICY

What Personal Information Does the Website Collect and How Is This Personal Information Used?

The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters, purchasing Products or for the purpose of leaving comments on blog posts.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies or web beacons. No personal information is shared with the Website's ad providers.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google's Analytics privacy policies, please visit this site.

The Website engages in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

The Website engages in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

From time to time, the website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information

The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of Active Campaign for delivery of email updates. Active Campaign's use of your personal information is subject to Active Campaign’s Privacy Policy.

As discussed in the section above, the Website uses Fresh Store Building and Amazon for its ecommerce platform. All personal information entered into Fresh Store Builder will be subject to Fresh Store Building privacy policy.   All personal information entered through Amazon will be subject to the Amazon privacy policy.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Website Share the Personal Information It Collects?

The Website will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent.

PNW may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information

You can decline to submit personal information at any time. If you decline, PNW may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to ​michele@freshlookfoods.com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately at michele@freshlookfoods.com and PNW will use its best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

The Website engages in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

PNW is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

PNW is a participant in the Thrive Market Affiliates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Thrive Market.com.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with PNW to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (cash, free product, services) is received for in exchange for this sponsored content placement, PNW gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

DISCLAIMER

PNW has made every effort to ensure that all information on the Website has been tested for accuracy. PNW makes no guarantees regarding the results that you will see from using the information provided on the Website.

From time to time, the Website may discuss topics related to health, fitness, or nutrition. This information is not advice and should not be treated as medical advice. The health and nutritional information provided on the Website is provided "as is" without any representations or warranties, express or implied. PNW makes no representations or warranties in relation to the medical, fitness, or nutrition information on the Website.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

CONTENT DISCLAIMER

All Website content is provided for informational purposes only.  Use of the Website does not form any relationship between the user and PNW.  PNW has made every effort to ensure that all materials within the Website have been tested for accuracy.  The information provided on the Website is provided "as is" without any representations or warranties, express or implied. PNW makes no representations or warranties in relation to the information provided in the content.

PNW disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. PNW assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for educational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. PNW makes no representations, warranties or guarantees. You understand that results may vary from person to person. PNW assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, PNW owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of PNW's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to PNW.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without PNW's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without PNW's express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by PNW or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

All text, blog posts, comments, articles, how-to guides, photographs, video, graphics, and other information, in any form or medium, unless cited otherwise by PNW (collectively, the “PNW Content”) is owned by PNW and protected by copyright law.

You may use the PNW Content for your personal, noncommercial use, and you may download or print a copy of the PNW Content provided you do not remove any trademark, copyright, or other notice from such PNW Content. Your use of PNW Content does not make you a representative or agent of PNW, and you may not hold yourself out as such. If you wish to share PNW Content, or you operate a website and wish to link to PNW, you may do so provided you agree to terminate such link upon PNW’s request. Just as PNW may from time to time excerpt materials from other sources in order to support the PNW Content, we respect the right of others to use the PNW Content so long as such use is consistent with the principles of “fair use” and cited accordingly.

All other uses are expressly prohibited without the prior written consent of PNW. Such prohibited uses include, but are not limited to, republishing any portion of PNW Content, modifying or creating derivative works from the PNW Content, entering the PNW Content into a database, distributing any PNW Content to others whether for payment or other consideration, decompiling, reverse engineering, disassembling any software or other products or processes accessible through the Website, inserting any code or product into the Website, or data mining, data gathering, or other extracting.

TRADEMARKS

Fresh Look Foods is a trademark of PNW and is protected by United States trademark law. PNW's trademarks and trade dress may not be used in connection with any product or service that is not PNW's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits PNW.

From time to time, the Website will legally utilize trademarks owned by third parties related to PNW's services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant PNW a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant PNW the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or PNW or a third party.

PNW reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on PNW's servers; or, (iii) hosted or published on the Website. PNW takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding PNW's rights under the Terms of Use, PNW does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or PNW;
  • spam;
  • hate speech;
  • defamatory to PNW or any third party;
  • reference illegal acts; or,
  • violate the legal rights of a third party.

PNW's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to michele@freshlookfoods.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send PNW an email, register to use the Website or provide your email to PNW in any other way, you consent to receive communications from PNW electronically. You agree that all legal notices provided via electronic means from PNW satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by PNW. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. PNW assumes no control or liability over the content of any third-party sites. You expressly hold harmless PNW from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold PNW harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. PNW makes no representations or warranties in relation to the Website or the information and materials provided therein.

PNW makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. PNW is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

PNW WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold PNW, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which PNW suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Lewis ­­­­­­­­­­­­­­­County, Washington. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without PNW's prior written consent, however, the Terms of Use may be assigned by PNW in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by PNW.

The Terms of Use may not be altered or modified except by prior written agreement by the parties.

All notices with respect to the Terms of Use must be in writing and may be via email to michele@freshlookfoods.com for PNW and to your email address.

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