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TERMS AND CONDITIONS

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Through Fresh Eyes (hereafter sometimes referred to as “Through Fresh Eyes,” “us,” or “our”) will provide Client with access to the Through Fresh Eyes.com website (the “Website”). You agree to be bound by these Terms of Service (this “Agreement”), whether or not you register as a free trial member (“Registrant”) or become a paid subscriber (“Member”). If you wish to become a Registrant or a Member and make use of the Through Fresh Eyes service (the “Service”), please read these Terms of Service. If you object to anything in this Agreement or the Through Fresh Eyes Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by Through Fresh Eyes at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Through Fresh Eyes.

Description of the Service. Through Fresh Eyes will provide Client with access to our social media marketing Website. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Through Fresh Eyes properties, shall be subject to this Agreement.

Collection of Information Client acknowledges and agrees that the information relating to participants collected directly from participants through the use of the Service (“Participant Data”), and all right, title and interest in Participant Data, is and shall become the property of Client. In addition to Participant Data collected for Client, Through Fresh Eyes may collect available public Facebook data on participants in the aggregate which is viewable to Client as demographic data. Through Fresh Eyes retains a perpetual, irrevocable and royalty-free right to analyze this anonymous aggregate data for Product performance. Each party acknowledges and agrees that their use of Participant Data will comply with all applicable laws, regulation, social media policies and privacy policies.

Beta Services. From time to time, Through Fresh Eyes may add new features to the Service that are described as “beta” (“Beta Features”). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Through Fresh Eyes does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.

API Services. Through Fresh Eyes may provide free automatic program interface (API) to its proprietary data. With the exception of the terms dealing with subscription fees, this Agreement controls Through Fresh Eyes’ free API services. Paid API services are governed by a separate agreement. Access to the free API may be suspended or terminated by Through Fresh Eyes at any time and for any reason, with or without cause. If your access to a free API is cancelled, you shall not be entitled to a refund of any kind. In order to access any API, you must use a Secret key. It’s important not to share your secret key with anyone. You are responsible for all requests made with your secret key, whether you authorized them or not.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Through Fresh Eyes from time to time, such modifications to be effective upon posting by Through Fresh Eyes on the Website. This Agreement includes Through Fresh Eyes’ Privacy Policy, Through Fresh Eyes’ Sign Up Page and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email info@Through Fresh Eyes.com. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Through Fresh Eyes.

Proprietary Rights. Through Fresh Eyes owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Through Fresh Eyes, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

No Resale or Redistribution of Service. Except as expressly authorized by Through Fresh Eyes, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”).

Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are “repeat infringers.” Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:

1.     The signature of a person authorized to act on behalf of the owner of the infringed copyright;

2.     Identification of the copyrighted work or works claimed to have been infringed;

3.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;

4.     Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);

5.     A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and

6.     A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Notices must be sent via email to info@Through Fresh Eyes.com.

Privacy. Please see our complete Privacy Policy, which is incorporated into this Agreement. Further, you acknowledge, consent and agree that Through Fresh Eyes may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Through Fresh Eyes, its users and the public.

Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Through Fresh Eyes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Age Requirements. This website’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at info@Through Fresh Eyes.com immediately. You must be at least eighteen (18) years of age to subscribe as a Member of Through Fresh Eyes.com. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Unauthorized Users. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Unauthorized Uses. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Through Fresh Eyes. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Through Fresh Eyes’ copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Through Fresh Eyes for use in accessing the Service.

Blocking of IP Addresses. In order to protect the integrity of the Service, Through Fresh Eyes reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Please see our Pricing Page for a description of the current subscription plans and their prices (hereafter “Subscription Policies”).

Please note that the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Further, Through Fresh Eyes may change Service features and functionality from time to time. For purposes of this Agreement the term “Member” includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).

Subscriptions; Charges on your Billing Account.

1.     General. You agree to pay Through Fresh Eyes the subscription fee (“Subscription Fee”) specified in the Pricing Page during the subscription Period (“Subscription Period”). Unless a separate agreement is executed by both parties, there is a one month Subscription Period.

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3.     Payment Method. A valid credit card is required to subscribe to the Service. Through Fresh Eyes bills you through a secure online account (your “Billing Account”) for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Through Fresh Eyes servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Through Fresh Eyes for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Through Fresh Eyes to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Through Fresh Eyes reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Through Fresh Eyes does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.

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5.     Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.

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7.     Recurring Billing. Our subscription plans use recurring billing. You will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. THROUGH FRESH EYES MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE THROUGH FRESH EYES REASONABLY COULD ACT.

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9.     Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THROUGH FRESH EYES IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE THROUGH FRESH EYES ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THROUGH FRESH EYES MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

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11.  Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Through Fresh Eyes shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Through Fresh Eyes account. You agree that Through Fresh Eyes may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

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13.  Refunds. Through Fresh Eyes will provide new, first-time Members a full refund so long as the Member cancels within thirty (30) days of first signing up (the “thirty-day refund period”). Through Fresh Eyes will not provide refunds to persons who have previously opened other accounts, whether or not they are using the same or different user names, email addresses, or billing information. Each person or business entity is only entitled to one thirty-day refund window. Successive sign-ups and refunds are prohibited. After the thirty-day refund period, there shall be no refunds and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to Through Fresh Eyes. If you downgrade your subscription to a lower level, you are not entitled to a cash refund; You may be eligible to pay a reduced, pro-rated amount on your new subscription, depending on when you downgrade.

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15.  Auto-renewal. Your Through Fresh Eyes subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Through Fresh Eyes reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 60 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your Through Fresh Eyes Membership.

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17.  Cancellation. You are solely responsible for properly canceling your account. You can cancel your account at any time by going to your Account Settings page (you must be logged in to view this page) and selecting the “Change Credit Card Info” link. Once you are on the Change Credit Card Info page, you can choose to cancel your account. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Use the “Change Credit Card Info” link to cancel your account. All of your Content (text, files, social media posting data) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel your Membership prior to the end of the Subscription Period, then Through Fresh Eyes will terminate your access to the Service and cease billing you for the Service. However, you remain responsible for all charges incurred prior to Through Fresh Eyes terminating access to your account.

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19.  Disputed Credit Card Charges. Through Fresh Eyes will terminate Member access to the Service upon learning of Member’s dispute of valid credit card charges. Service will be restored once Member reimburses Through Fresh Eyes for amount of chargebacks and fees.

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21.  Collection. Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Through Fresh Eyes’ efforts to collect unpaid balances.

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23.  Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Through Fresh Eyes is authorized to charge your Payment Method. Through Fresh Eyes may submit those charges for payment and you will be responsible for such charges. This does not waive Through Fresh Eyes’ right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

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25.  Promotions. Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact info@Through Fresh Eyes.com to have the charges reversed.

Modifications to Service. Through Fresh Eyes reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Through Fresh Eyes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Reliance on Content, Advice, Etc. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Through Fresh Eyes does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Through Fresh Eyes or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Disclaimers of Warranties. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Through Fresh Eyes expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Through Fresh Eyes cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Through Fresh Eyes or submitted to Through Fresh Eyes. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Through Fresh Eyes cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Through Fresh Eyes may provide links to certain third-party Websites. You acknowledge and agree that Through Fresh Eyes is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Through Fresh Eyes has no control over such sites and resources, you acknowledge and agree that Through Fresh Eyes is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Through Fresh Eyes is not in any way responsible for any such use by you.

Featuring Your Company. We may choose to feature campaigns you use the Service to publish including names, trademarks, service marks or logos included on your campaigns. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use your campaigns, including without limitation names, trademarks, service marks or logos, for the limited purpose of Through Fresh Eyes marketing and promotional activities. For example, we may feature your campaign in an email newsletter to demonstrate a stellar campaign. We may also feature your company names, trademarks, service marks or logos to identify you as a current or former user of the Service. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your campaigns or names, trademarks, service marks or logos on your campaigns and any right of inspection or approval of any such use. You can opt out of being featured by creating a support ticket. This does not affect any rights you may have under applicable data protection laws.

Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Through Fresh Eyes be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Through Fresh Eyes has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, Through Fresh Eyes’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Through Fresh Eyes in the twelve (12) months prior to the claimed injury or damage.

Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.

Indemnity by You. You agree to indemnify and hold Through Fresh Eyes, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Through Fresh Eyes’ or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Interstate Nature of Communications on Through Fresh Eyes Network. When you register or subscribe with Through Fresh Eyes, you acknowledge that in using Through Fresh Eyes services to send electronic communications (including but not limited to triggered email notifications, social network posting, uploading files and photos, running Through Fresh Eyes tools, and other Internet activities), you will be causing communications to be sent through Through Fresh Eyes’ computer networks located in Illinois, and other locations in the United States. As a result, and also as a result of Through Fresh Eyes’ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.

U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Through Fresh Eyes cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Through Fresh Eyes may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Through Fresh Eyes. If Through Fresh Eyes terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Through Fresh Eyes. Through Fresh Eyes is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Through Fresh Eyes reserves the right to refuse service to anyone for any reason at any time.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Sacramento County, for the resolution of any such dispute.

Other. The failure of Through Fresh Eyes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Through Fresh Eyes and govern your use of the Service, superseding any prior agreements between you and Through Fresh Eyes (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to info@ThroughFreshEyes.com.