Welcome to the website (the "Website") of My Fresh Start, LLC, a Michigan limited liability company, located at 3050 Union Lake Road, Suite 8-F, Commerce Township, Michigan 48382 (hereinafter referred to as "My Fresh Start"). My Fresh Start maintains the Website at www.MyFreshStart.com as a service to our customers. By using the Website, you are agreeing to comply with and be bound by the following terms and conditions of service ("Agreement" or "Terms and Conditions"). After reviewing these Terms and Conditions carefully, please indicate your agreement to abide by the terms as indicated below. "User" (referred to as "you," "your," "yourself," or "User") is defined as any entity that accesses the Website.
Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the "Website," or "Site"). My Fresh Start may change the Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.
General Terms and Conditions
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration page and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, My Fresh Start has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
By using the MyFreshStart.com web site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, MY FRESH START DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER MY FRESH START NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF MY FRESH START, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
My Fresh Start is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. My Fresh Start does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
My Fresh Start reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which My Fresh Start assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.
User Conduct On the Site
While using the Site, you may not:
- Restrict or inhibit any other user from using and enjoying the Site; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by My Fresh Start) or engage in spamming or flooding; or
- Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
My Fresh Start has no obligation to monitor the Site. However, you acknowledge and agree that My Fresh Start has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. My Fresh Start will not intentionally monitor or disclose any private electronic-mail message unless required by law. My Fresh Start reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, My Fresh Start is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that My Fresh Start may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that My Fresh Start in its sole discretion believes violate any of the terms and conditions, violate the rights of My Fresh Start, or is otherwise inappropriate for continued access.
You acknowledge and agree that My Fresh Start may in its sole discretion deny you access through My Fresh Start to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through My Fresh Start, and My Fresh Start shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold My Fresh Start and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Links from and to this Website
You acknowledge and agree that My Fresh Start and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by My Fresh Start or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to My Fresh Start's Website comes from a variety of sources. Some of this information comes from official My Fresh Start licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to My Fresh Start. My Fresh Start does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that My Fresh Start and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
The website is provided "As Is" without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the website. Specifically, my fresh start disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Neither My Fresh Start nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of my fresh start, its employees, agents, successors, assigns, affiliates, website co-branding providers and content or service providers respective liability is limited to the greatest extent permitted by such state law.
My Fresh Start provides the information on this website as a service to its users. The information on this website deals with tax transactions and it DOES NOT CONSTITUTE LEGAL ADVICE. If you have specific questions related to tax transactions and/or information on this site, you are encouraged to contact an attorney and a certified public accountant who can investigate the particular circumstances of your situation. MY FRESH START DOES NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL CONSULTING SERVICES.
Due to the rapidly changing nature of the internal revenue service tax code, court cases, IRC regulations, revenue rulings and the Internal Revenue Manual, My Fresh Start does not warranty or guarantee the accuracy or availability of the content on this site or other sites to which it links.
In no event will My Fresh Start be held liable to any party for any damages arising in an any way out of the availability, use, reliance or inability to use the website or any information provided by or through the website, or for any claim attributable to errors, omissions or other inaccuracies in or destructive properties of any information provided by or through My Fresh Start. Users agree that under no circumstances can My Fresh Start incur any liability to User in an amount greater than is paid by such User.
My Fresh Start is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold My Fresh Start liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
You agree to defend, indemnify and hold My Fresh Start and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
My Fresh Start will charge you a licensing fee in order to provide access to the Website ("License Fee"). The License Fee, when paid, is NON-REFUNDABLE and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not you actually use the Services or Website. The price for your use of the Services is established at the time you pay for it. Notwithstanding the language in this paragraph, if a License resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
Various Services and/or Content on the Website, whether offered by My Fresh Start, affiliates or third-party service or data providers or others, may require additional fees or charges. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the Website for the Services. For Services offered on a payment or subscription basis, the following terms apply, unless My Fresh Start notifies you otherwise in writing.
Payments will be billed to you in U.S. dollars, and you will be charged when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. You must pay with one of the following:
- A valid credit card acceptable to My Fresh Start;
- A valid debit card acceptable to My Fresh Start; or
- By another payment option My Fresh Start provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If your license expires and you wish to renew it and have full access to the data entered in the previously purchased license My Fresh Start reserves the right to charge a reinstatement fee to provide such access. Reinstatement fee is applicable if more than 5 calendar days passed between license expiration and license renewal.
You acknowledge that My Fresh Start reserves the right, at any time, to modify its License Fee and billing methods. My Fresh Start will automatically renew your monthly or annual services ("License Term") at the current rate at time of renewal, using the credit card information on file with us, unless the services are cancelled or terminated by either party. Written or electronic notification of automatic renewal of annual licenses shall be provided no less than (31) days prior to expiration of your License Term. No written or electronic notification shall be provided on automatic renewals for monthly paid service plans.
If you wish to make purchases through the Website or if you wish to subscribe to a service offered by the Website, you may be asked by the merchant, affiliate or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold My Fresh Start liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant, affiliate or information or service provider through the Website. You agree that all information you provide any merchant or information or service provider through the Website for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Website set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Website.
My Fresh Start Does Not refund any amounts paid.
Any failure by My Fresh Start to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
Successors, Agents and Assigns
All rights of enforcement in these Terms and Conditions may be enforced by the Successors, Agents and Assigns of My Fresh Start.
Except as otherwise expressly provided, the laws of the State of Michigan (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions and the other Website policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Conditions and the other Website policies shall be brought solely in the proper court of general jurisdiction in the State of Michigan.
The failure of My Fresh Start to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Copyright Policy/Digital Millennium Copyright Act Disclosure
My Fresh Start will terminate the privileges of a User who uses the Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, a User who submits content to My Fresh Start, whether text, photos, video, images, stories, software or other copyrightable material must ensure that the content uploaded does not infringe the copyrights of third parties.
If you believe that your copyright has been infringed through material posted at the Website, please contact My Fresh Start, LLC at:
Jeremy D. Bisdorf
Jaffe Raitt Heuer & Weiss, P.C.
27777 Franklin Road - Suite 2500
Southfield, Michigan 48034
Once notice is given to My Fresh Start, or in circumstances where My Fresh Start discovers the infringed material itself, My Fresh Start shall expeditiously remove, or disable access to, the material on the Website. My Fresh Start shall then notify the poster of the removal via the information provided to My Fresh Start by the poster. The poster may then provide a notice pursuant to the DMCA to My Fresh Start that the material has been wrongly removed. If the objector provides a proper "counter-notice" claiming that the material does not infringe copyrights, My Fresh Start shall promptly notify the poster of the objection. If the alleged copyright owner does not bring a lawsuit in district court within 14 days, My Fresh Start will then restore the material to its location. If it is determined that the copyright holder misrepresented its claim regarding the allegedly infringing material, the copyright holder then shall be liable to My Fresh Start for any damages that resulted from the improper removal of the material.
Communication Decency Act of 1996 §230 Disclosure
The Communications decency Act of 1996 §230 ("CDA") provides immunity to Internet Service Providers and Internet Content Providers, such as the operator of the Website. The CDA provides immunity from liability for providers of an "interactive computer service" who publish information provided by others: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(1).
The CDA provides this Website with protection from statements made by people who post comments on our Website. Users are held accountable under the law for information content they write and are responsible for respecting the copyrights of others.
The Website will not be held liable for things such as federal civil rights violations, state law crimes, or common-law torts like defamation or invasion of privacy, for publishing that information on its site.
The Website will not provide you with any information concerning any individual who has posted information other than what that individual has voluntarily provided pursuant to his or her post. However, My Fresh Start will comply with any subpoenas properly served on it unless there is a legal basis for quashing the subpoena.