Thank you for visiting us online at MyFreshEgg.com.  We strive to do everything we can to respect the trust consumers have in our brand and our commitment to your privacy is no exception. We are committed to protecting and safeguarding consumer privacy on the Internet. Thanks again for visiting our website and for placing your trust in MyFreshEgg.com.  This Privacy Statement will describe the types of information we gather, how we use your information to improve your experience, the limited circumstances under which we might disclose information you provide and the security efforts we take to safeguard your information. This document will also serve as the terms governing the use of this website.

What Personal Information About Customers Does MyFreshEgg.com Gather?
The information we gather includes information automatically collected, cookie information and information from other sources.

Information You Provide.
MyFreshEgg.com only gathers personal information, such as, first and last names, addresses and email addresses, when voluntarily submitted by you. For example, personal information may be collected from you in order to get your feedback on our websites, services or to enter you in contests,  sweepstakes, promotions and the like. MyFreshEgg.com stores any information you enter on the website when you register, sign-in, search, purchase products, participate in a contest or questionnaire, sign up for e-mail newsletters, or communicate with customer service.

Information Automatically Collected.
MyFreshEgg.com automatically receives and stores certain types of information whenever you visit the website. using "cookies." "Cookies" are pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. Cookies allow the web site to remember important information that will make your use of the site more convenient. Like most web sites, MyFreshEgg.com uses cookies for a variety of purposes in order to improve your on-line experience. For example, we track the total number of visitors to our site on an anonymous aggregate basis. We may also employ cookies so that we remember you when you return to the site, to keep track of the items in your shopping cart if you purchase merchandise online, to administer certain contests and sweepstakes and to help customize your web experience. We may associate personal information with a cookie file in those instances.

Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the "Help" section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of this web site.. Other companies' use of their cookies is subject to their own privacy policies.

Information from Other Sources.
For certain reasons, such as providing you special offers that we think will be of interest, we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our partners or other sources so that we can correct our records and deliver products, services, or communications more easily.

Our Use of Your Information.
We use information in the file we maintain about you, and other information we obtain from your current and past activities on MyFreshEgg.com. By visiting our site, you agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize MyFreshEgg.com's content, layout, and services.

Does MYFRESHEGG.COM Disclose the Information It Receives?
As a matter of current policy, we do not sell or rent any personally identifiable information about you to any third party. Except as otherwise noted in this policy, MyFreshEgg.com only discloses user information in aggregate form to its partners. For example, we might tell a marketing partner how many users visited this site over a period of time, but we will never tell them who it was that saw or clicked on their offer, unless that user has given us permission to do so. However, the following describes some of the ways that your personally identifiable information may be disclosed.

Business Partners and Selected Vendors We Do Not Control.
We work closely with certain business partners, carefully selected vendors and other service providers to provide you with access to their promotions, contests, product offerings or services. We may share our data, including personally identifiable information about you, with these business partners or selected vendors, and they may use this information to offer you products and/or services that may be of interest to you. To the extent hyperlinks or banner advertisements incorporating hyperlinks are utilized on this site to access third party sites, users should be aware that these third party web sites are not controlled by MyFreshEgg.com and, therefore, are not subject to this privacy policy. We recommend that users check the privacy policies of these individual sites to see how their personal information will be utilized.  If you choose to access the third party sites, disclose information to third parties, place orders from the third parties, and/or grant them permission to collect information about you, then their use of your information is governed by their applicable privacy policies. To prevent our disclosure of your personally identifiable information to one of these third parties, you can choose not to use their services or order their products. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services or place orders with them for their products.

Agents.
We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, performing credit checks and approvals, processing credit card payments, collecting on delinquent accounts and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Business Transfers.
As we continue to develop our business, we might buy the online and/or off-line retail operations of others. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that MyFreshEgg.com or substantially all of its assets are acquired by or transferred to another entity, customer information would likely be one of the transferred assets.

Government and Legal Disclosures of Your Information.
We may disclose information about you to law enforcement or other government officials as we believe necessary in connection with an investigation of illegal activity that may expose you or us to legal liability. In addition, if you have purchased services from us on extended payment terms, it may be necessary for us to file certain information about you with state or local government offices to perfect our security interest in the products so purchased, or to provide certain information about you to collection agencies in the event of non-payment or a payment dispute.

Links to and from Other Web Sites.
MyFreshEgg.com offers links to other Web sites, which have their own policies regarding privacy. In addition, you may have linked to MyFreshEgg.com through another site, such as by means of a banner advertisement for MyFreshEgg.com on that other site. In such cases, the site you linked from may have collected information about you. Please refer to the privacy policies on those sites to see how they collect and use this information.

What Choices Do You Have?
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of other MyFreshEgg.com features.  MyFreshEgg.com does not currently offer the ability to delete, correct or change the information collected through your use of the MyFreshEgg.com website.

Electronic Newsletters and E-Mails
MyFreshEgg.com, in conjunction with various partners, offers or may offer free electronic newsletters as a service to our users. In addition, MyFreshEgg.com may periodically send you information and product or service promotions via e-mail.

Security
MyFreshEgg.com uses industry standard practices to safeguard the confidentiality of your personally identifiable information, including "firewalls" and Secure Socket Layers (SSL). MyFreshEgg.com treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. It is important for you to protect against unauthorized access to your computer.

Children's Online Privacy Protection Act
MyFreshEgg.com encourages parents and guardians to be familiar with the web sites that their children visit. The Federal Trade Commission ("FTC") regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children's Online Privacy Protection Act of 1998 (the "Act"). For more information about the Act and children's on-line privacy in general, visit the FTC's web site at http://www.ftc.gov.

Terms of Use, Notices, and Revisions
If you choose to visit and use the MyFreshEgg.com website, you agree that your visit and any dispute over privacy and terms is subject to this Privacy Statement and Terms of Use Policy. If you have any concern about privacy at MyFreshEgg.com, please send us a thorough description of your concern. Our business changes constantly. This Privacy Statement and Terms of Use Policy may change also, and use of information that we gather now is subject to the Privacy Statement in effect at the time of use.  If we change our Privacy Statement or Terms of Use Policy, we will post the revised version here, so we suggest that you check here periodically for the most up-to-date version of our policies. Rest assured, however, that any changes will not be retroactively applied without your consent and will not alter how we handle previously collected information.MyFreshEgg.com provides users with access to its website (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MyFreshEgg.com to provide the Service. You also understand and agree that the service may include certain communications from MyFreshEgg.com, such as service announcements, administrative messages and the MyFreshEgg.com Newsletter, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that MyFreshEgg.com assumes no responsibility for the timeliness, deletion, mis-delivery, accuracy of the Service. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You agree to not use the Service to:

	•	upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
	•	harm minors in any way;
	•	impersonate any person or entity, including, but not limited to, an  MyFreshEgg.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
	•	forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
	•	upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
	•	upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
	•	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
	•	upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
	•	disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
	•	interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
	•	intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
	•	"stalk" or otherwise harass another; or
	•	collect or store personal data about other users.

You acknowledge, consent and agree that MyFreshEgg.com 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 the TOS; (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 MyFreshEgg.com, its users and the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MyFreshEgg.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You agree to indemnify and hold MyFreshEgg.com, and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

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

Your correspondence or business dealings with, or participation in promotions of third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MyFreshEgg.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyFreshEgg.com has no control over such sites and resources, you acknowledge and agree that MyFreshEgg.com 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 further acknowledge and agree that MyFreshEgg.com 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 or through any such site or resource.  You understand and agree that MyFreshEgg.com is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website and that we are not responsible for any ensuing charges or contracts incurred between you and an offer provider. You agree to carefully read the requirements, terms and conditions, privacy policy and billing information for each offer.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

	•	YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYFRESHEGG.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
	•	MYFRESHEGG.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
	•	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
	•	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYFRESHEGG.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
	•	A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE – DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYFRESHEGG.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYFRESHEGG.COM 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 ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO 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 OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
IN ANY EVENT, AND IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE MAXIMUM OF AMOUNT OF LIABILITY OF MYFRESHEGG.COM IS EXPRESSLY AGREED TO BE LIMITED TO THE TOTAL AMOUNT OF USER FEES PAID TO MYFRESHEGG.COM BY YOU.

TRADEMARK INFORMATION
The MyFreshEgg.com logo, trademarks and service marks and other MyFreshEgg.com and Egg Fusion, Inc. logos and product and service names are trademarks of  Egg Fusion, Inc. (the "MYFRESHEGG.COM Marks"). Without MyFreshEgg.com's prior permission, you agree not to display or use in any manner, the MYFRESHEGG.COM Marks.

Entire Agreement. The Terms of Use constitute the entire agreement between you and MyFreshEgg.com and govern your use of the Service, superseding any prior agreements between you and MyFreshEgg.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyFreshEgg.com services, affiliate services, third-party content or third-party products or service.

Choice of Law and Forum. The relationship between you and MyFreshEgg.com shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and MyFreshEgg.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, Illinois. You agree that if you initiate a lawsuit outside of this chosen forum that you will pay  any and all costs, including attorneys’ fees MyFreshEgg.com incurs.

Waiver and Severability of Terms. The failure of MyFreshEgg.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision 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 remain in full force and effect.

Contractual Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles are for convenience only and have no legal or contractual effect.


Effective March 25, 2006.