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Legal Terms and Conditions

Welcome to the Firm Fresh (FirmFresh.com) and Kleen Opener (KleenOpener.com) websites (the "Sites"). Like most websites, these Sites have certain rules that you must follow during your visit ("Rules"). Please read these Rules carefully before beginning your tour. Please enjoy while you discover what Firm Fresh and Kleen Opener Products are all about.

WHO WE ARE:

When we refer to "Firm Fresh or Kleen Opener," "we," "our" or "us," it means Firm Fresh LLC and its branded product called Kleen Opener®. Firm Fresh LLC headquarters are located at 9414 Irondale Ave., Chatsworth, CA 91311, USA. The telephone number is (818) 280-3907. Currently, Firm Fresh is only located in the United. In addition to the Firm Fresh and Kleen Opener® brand of products, Firm Fresh brands include, among others, Lid Lifter ®. Unless otherwise noted, these Rules apply to every website maintained by Firm Fresh LLC and its corporate brands.

CHANGES TO SITE:

Firm Fresh LLC reserves the right to revise these Rules at any time by updating this posting; however, any change to these Rules after your last usage of the Site will not be applied retroactively. Please check back periodically for changes. The Rules were last updated on November 1, 2019. There have been no changes since that date. Your continued use of the Site following the posting of changes to these Rules will mean you accept those changes and that they apply to you.

USE OF SITE CONTENT

Firm Fresh and Kleen Opener maintains these Sites and its contents for your personal information, product ordering and education. You may view and download material displayed on the Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this Site for public or commercial purposes, without Firm Fresh’s prior written permission. You may not alter or interfere with the content or functioning of the Site, or "mirror" any content contained on this Site on any other server. The materials at this Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Rules, your right to use this Site will terminate automatically.

COMMUNICATING WITH US

Firm Fresh LLC welcomes your comments. However, please do not send us any creative ideas, original materials, or suggestions relating to products or marketing plans. Any communication or material you transmit to Firm Fresh or post to the Sites by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and you hereby grant a non-exclusive license to Firm Fresh or its affiliates to use such content (including, without limitation, to modify, transmit, publish, broadcast, publicly perform, publicly display, reproduce, and distribute such content) for any purpose including, but not limited to, developing, manufacturing or marketing products, and product or service solicitations. You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, harassing, abusive, obscene, vulgar, pornographic/sexually explicit, or profane material; any other material that is intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or anything that you are under a contractual obligation to keep private or confidential. Notwithstanding the foregoing, these Rules in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).

Testimonials on this Site are unsolicited and are non-representative to any people, ethnicity, color, job functions, vendors, suppliers, businesses, or business affiliates. Firm Fresh and Kleen Opener has received many testimonials and has selected appropriate testimonials for posting on these Sites. We reserve the right to edit testimonials to clarify content and remove objectionable materials, among other things. Testimonials represent the viewpoints and unique experiences of individual users of Firm Fresh and Kleen Opener products and should not be taken as indications or guarantees of future results of other users using the same or similar Firm Fresh or Kleen Opener® products. Although most Firm Fresh and Kleen Opener products are designed to provide optimal performance over a wide range dumpster or trash installations, certain users may have a different experience or performance with the same or similar Firm Fresh or Kleen Opener products mentioned in these testimonials. Firm Fresh LLC does not represent, nor does it warrant that any user will or is likely to achieve the same or similar results using these Firm Fresh or Kleen Opener products.

PRICING

Occasionally, an item offered for sale on our Site may be mispriced. We apologize for these errors and we will correct them when discovered. Firm Fresh reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event that your credit card has been charged for the purchase and your order is cancelled, Firm Fresh will issue a credit to your credit card account in the amount of the charge. You should check with your bank or credit card provider to determine when the credit will be posted to your account. All pricing and offers are subject to change without notice.

DISCLAIMER OF WARRANTY:

Firm Fresh or Kleen Opener does not warrant or represent that the content at the Site is accurate, or that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk. Firm Fresh or Kleen Opener does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the Site is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FRIM FRESH OR KLEEN OPENER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL FRIM FRESH OR KLEEN OPENER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FIRM FRESH’S LLC REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FRIM FRESH OR KLEEN OPENER OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF FRIM FRESH OR KLEEN OPENER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF FRIM FRESH OR KLEEN OPENER’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

INSTRUCTION OR FITTING INFORMATION:

From time to time, these Sites may feature installation procedures, product pointers, fitting information and instructional videos (collectively, the "Instructional Information") from a variety of sources. You are solely responsible for the proper use of the Instructional Information. Firm Fresh or Kleen Opener are not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is Firm Fresh or Kleen Opener responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on these Sites. You should consult with your facilities manager, job site supervisor, trash hauler provider, or other maintenance administrator before performing the installation required for Firm Fresh or Kleen Opener products.

LINKS:

The Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. Firm Fresh or Kleen Opener are not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to these Sites. We have not reviewed any or all of the third-party websites linked to these Sites. We are not responsible for the content of any off-site pages or any other websites linked to these Sites. Your linking to these Sites, off-site pages or other websites is at your own risk. Note: Anyone linking to Firm Fresh or Kleen Opener websites must comply with the Link Guidelines for linking to the Firm Fresh or Kleen Opener Sites as well as all applicable laws.

COPYRIGHT NOTICES:

The copyright in all content provided on this Site is held by Firm Fresh LLC or by the original creator of the content. Except as provided in these Rules, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Firm Fresh LLC or the copyright owner. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via these Sites, please notify Firm Fresh LLC immediately.

TRADEMARKS:

The trademarks, service marks and logos ("Trademarks") used and displayed on these Sites are registered and unregistered Trademarks of Firm Fresh and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites, without the written permission of the Trademark owner. Firm Fresh LLC aggressively enforces its intellectual property rights to the fullest extent of the law. A list of U.S. Trademarks owned by Firm Fresh LLC follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Firm Fresh should be referred to the Firm Fresh Legal Representative at (818) 280-3907.

UNITED STATES TRADEMARKS

Firm Fresh®, Kleen Opener®, and Lid Lifter®.

OUR PRODUCTS:

Products displayed on these Sites can be found at authorized Firm Fresh and Kleen Opener customer Locations though out the United States. We have done our best to display the true colors of the products found on these Sites; however, colors may vary due to the settings of your computer monitor.

SITE OPERATION:

Firm Fresh and Kleen Opener controls and operates the Sites from its headquarters in Chatsworth, California, United States of America and makes no representation that these materials are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at the Sites or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

GOVERNING LAW:

These Rules and your use of the Sites will be governed by the laws of the State of California, as applied to contracts entered into between California businesses and residents and performed in California. Any disputes arising out of these Rules or your use of the Sites not subject to Binding Arbitration will be heard only in the state or federal courts located in Los Angeles County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts.

BINDING ARBITRATION:

You agree that any controversy or claim arising out of or relating to the Sites, use of the Sites, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Firm Fresh or Kleen Opener, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Firm Fresh LLC will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Firm Fresh shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

INTERPRETATION:

If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Sites. The Rules may not be amended except as provided above.

FORWARD-LOOKING STATEMENTS:

Statements contained on this Site regarding Firm Fresh or Kleen Opener’s business which are not historical facts are "forward-looking statements" that are based upon information and expectations at the time they were first made or posted. Actual results may differ materially as a result of certain risks and uncertainties. Readers are cautioned not to place undue reliance on such statements which speak only as of the date first made or posted. The Firm Fresh or Kleen Opener undertakes no obligation to republish revised forward-looking statements to reflect the occurrence of unanticipated events or circumstances that effect such statements.