3. CONTENT RIGHTS
Except as stated above, you shall not copy, reproduce, modify, republish, distribute, transmit, display, frame, download or sell the Site Materials in any form or by any means, in whole or in part, without AFV's prior written consent. You shall not use the Site Materials for commercial purposes without obtaining a specific license from AFV to do so. Except as stated above, no part of the Site Materials may be reproduced or stored in or on any other website or included in any public or private electronic retrieval system or service without AFV’s prior written permission.
4. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under or through your account or password. You agree to promptly notify AFV if you discover or otherwise suspect any security breaches relating to any of the App/Sites. The App/Sites may sell products that you can purchase with a credit card. AFV reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Refunds of prepaid balances on FRESH REWARDS®; FRESHREWARDS®; and chowit.us accounts may be requested by calling 315-200-1798. Refunds are not guaranteed and are in the discretion of management. AFV is not responsible for lost, stolen or damaged cards.
4.2 SERVICE FEES
FRESH REWARDS®; FRESHREWARDS®; and chowit.us accounts which lay dormant with an unused balance shall be assessed a minimum $2.00 service fee per month commencing upon the twenty-fourth month of inactivity until such balance reaches zero.
5. SERVICE ACCESS
While AFV tries to ensure the App/Sites and the Services are available twenty-four (24) hours a day, AFV shall not be liable if any of the App/Sites or any of the Services are unavailable at any time or for any period. Access to the App/Sites or AFV's Services may be suspended temporarily and without notice.
6. VISITORS MATERIAL AND CONDUCT
By making Submissions, you hereby release AFV, its affiliates and its and their shareholders, officers, directors, agents, representatives, employees, contractors, successors and assigns from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your Submissions and any content therein.
AFV does not promise or guarantee that any information on any of the App/Sites is accurate, current or complete. AFV may make changes to the material on any of the App/Sites, at any time without notice.
AFV IS PROVIDING THE APP/SITES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE USING THE APP/SITES AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, AFV EXCLUDES AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP/SITES, ANY CONTENT, OR THE SERVERS HOSTING THE APP/SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, FREE OF VULNERABILITY TO ANY INTRUSION OR ATTACK, THAT THE USE OF THE APP/SITES BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP/SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE APP/SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THERE ARE NO WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR TRADE USAGE. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR PASSWORD. AFV WILL NOT BE LIABLE FOR ANY UNAUTHORIZED TRANSACTION ENTERED INTO USING YOUR NAME AND PASSWORD. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT AND SHORTEST DURATION PERMITTED UNDER SUCH LAW.
PLEASE NOTE: AFV uses commercially reasonable efforts to provide accurate information, item names, descriptions, prices, heat and allergenic warnings on the applicable App/Sites. Commercially reasonable effort is made to instruct our food production staff on the severity of food allergies. However, there is always a risk of contamination. Because of the number of meals served and the number of items used each day, along with food product changes from our food vendors, we cannot guarantee that every allergen in the food served will be identified and labeled. The possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice also exists. Customers concerned with food allergies must be aware of this risk. If you have any type of food allergy, please refrain from eating our products. AFV does not assume and specifically disclaims any liability for adverse reactions to food consumed, or items one may come in contact with, while eating at any AFV facility or catered event.
Upon any such termination or suspension, your right to use the App/Sites and AFV’s Services will immediately cease. You agree that any termination or suspension of your access to or use of the App/Sites and AFV’s Services may be effected without prior notice to you. You further agree that neither we, nor our affiliated entities will be liable to you or any third party for termination or suspension of your access to or use of the App/Sites.
SUBJECT TO APPLICABLE LAW, (A) IN NO EVENT SHALL AFV, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, PARTNERS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT TO YOU OR A THIRD PARTY WITH RESPECT TO OR IN ANY WAY CONNECTED TO OR RELATED TO OR ARISING FROM THE USE OF OR THE INABILITY TO USE ANY OF THE APP/SITES, THE CONTENT, SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THE APP/SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU OR A THIRD PARTY ON ANY INFORMATION OBTAINED FROM AFV OR ANY OF THE APP/SITES), OR ANY LOSSES OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, EPIDEMICS, PANDEMICS, OR UNAUTHORIZED ACCESS TO AFV’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL AFV, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, PARTNERS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, INCOME, OR REVENUE, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME, FINES, PENALTIES, TAXES, LOSS OF COMMERCIAL REPUTATION, OR ANY OTHER ECONOMIC LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, OR THE INABILITY TO USE ANY OF THE APP/SITES OR ANY OF THE FEATURES OF THE APP/SITES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES REGARDLESS OF WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF AFV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE APP/SITES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AFV SHALL NOT BE REQUIRED TO PAY AND/OR HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ACTUAL DAMAGES IN EXCESS OF THE AMOUNT EQUIVALENT TO THE VALUE OF YOUR ORDER.
AFV will use all commercially reasonable efforts to resolve any problems or concerns arising from the submission of your orders to restaurants via the App/Sites and the Services, including the processing of all credit or debit card refunds and chargebacks where appropriate and approved by AFV.
Arbitration Procedures For all disputes, you must first send us a written description of your claim to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days of our receipt of the claim.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
13. INTENDED USE OF SERVICES
The App/Sites, their features and content are for personal and non-commercial use only. You may not use or otherwise exploit the App/Sites and/or any features or content in connection with any business or commercial undertaking (whether or not for profit). Your use of the App/Sites and/or their features must at all times comply with all applicable laws, rules and regulations.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the App/Sites and/or the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our applicable Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, nonhappening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
17. ENTIRE AGREEMENT
18. NO JOINT VENTURE/ NO THIRD PARTY BENEFICIARIES
19. GOVERNING LAW AND JURISDICTION