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terms-conditions
Welcome to the VIP FamClub!
VIP Famie Rewards are FREE for the first year. You will be notified for renewal following the free trial period.
You should read this entire Terms and Conditions and also our Privacy Policy (the terms of which are incorporated into
these Terms by reference), but here are some key points:
By subscribing to FamClub Rewards, creating an account, or using the Services, you
accept these Terms.
We currently offer a free subscription (“Famie”) and a paid VIP subscription (“Famie
VIP”), collectively, “FamClub Rewards”
By activating a Famie VIP subscription, you agree that we may renew your
subscription automatically for the same subscription term on the day after your
previous subscription ends and you authorize us to charge you for the subscription
term, unless you cancel your Famie VIP subscription prior to its renewal date
through the procedures described in Section 4(Cancellation).
YOU AGREE TO WAIVE THE ABILITY TO HAVE ANY DISPUTE HEARD
BY A JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS
ACTION FORMAT as set forth in Section 18 (Dispute Resolution).
Your use of the Services is AS IS, without warranty and will result in no liability to
us
as set forth in Section 14 (Disclaimer of Warranties) and Section 15 (Limitations of
Liability)
User Agreement By using the Services, you accept these Terms and agree to be
legally
bound and to abide by the terms, conditions, and notices contained or referenced herein, just as
if you
had signed them
Revision of Terms Food Related may supplement, amend or otherwise modify these
Terms at any time. Such modifications will be posted on this or another page of the Site, as
Food
Related deems appropriate in its sole discretion, and such modifications shall be deemed
effective as
of their stated effective or modification dates. It is your responsibility to carefully review
these Terms
each time you visit, access, register with or use the Site and/or the Services.
Downloading the Mobile App You may access the Mobile App which can be
downloaded from an applications store or applications distribution platform, such as the Apple
Mobile
App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that:
These Terms are entered into between us, and not with the Mobile App Provider, and that
we are solely responsible for the Mobile App (not the Mobile App Provider);
The Mobile App Provider has no
obligation to furnish any maintenance and support services with respect to the Mobile
App;
The
Mobile App Provider is not responsible for addressing any claims you have or any claims
of any third
party relating to the Mobile App or your possession and use of the Mobile App,
including, but not
limited to:
Product liability claims;
Any claim that the Mobile App fails to conform to any
applicable legal or regulatory requirement; and
Claims arising under consumer protection or similar
legislation;
In the event of any third party claim that the Mobile App or your possession and use
of that Mobile App infringes that third party’s intellectual property rights, we will be
responsible for
the investigation, defense, settlement and discharge of any such intellectual property
infringement
claim to the extent required by these Terms;
The Mobile App Provider and its subsidiaries are third
party beneficiaries of these Terms as it relates to your license of the Mobile App, and
that, upon your
acceptance of these Terms, the Mobile App Provider will have the right (and will be
deemed to have
accepted the right) to enforce these Terms as related to your license of the Mobile App
against you as
a third party beneficiary thereof; and
You must also comply with all applicable third party terms of
service when using the Services.
Each time you access or use the Site, including, but not limited to, any products,
programs, and services described in these Terms,
You affirm that you are of legal age to enter into these Terms, or, if you are
not, that you have obtained parental or guardian consent to enter into these
Terms
You represent that you have read and understand the Privacy Policy; and
You are
agreeing to the terms and conditions of these Terms then in effect with Food
Related.
For Food Related FamClub Rewards subscribers, these Terms also govern your Subscription
with Food Related as further set forth in the Rewards section below (“Rewards Terms”). By
entering
and maintaining your Food Related Rewards Subscription, you agree to be bound by these Terms,
including the Rewards Terms and the terms and conditions related to related Food Related
policies
and programs cross-referenced in the Additional Terms section below
You must be at least 18 years old or the age of majority in your jurisdiction to use our
Services.
By using the Services, you represent and warrant to Food Related that you are at least 18 years
of age
and have the right, authority, and capacity to enter into, and abide by, the Terms and Food
Related’s
Privacy Policy.
Description of Services. The following further describes the Services. Food Related
provides the sale and delivery of various foods and beverages, including meats, cheeses, pastas,
desserts, truffles, caviars, coffee and related disposable items.
Availability and Modification of Products and Services Food Related might offer, sell,
license, or otherwise make available various products or services on, through, or in relation to
the Site,
some of which might only be made available to you upon completion and submission of an online
form or other instructions provided to you by Food Related. Food Related has the right to refuse
its
products and services to you if it suspects that you are in any way involved in fraudulent or
illegal
activity; and may contact your payment method issuer, law enforcement, or others and share
information relating to your payments, as applicable, if Food Related believes doing so will
prevent a
violation of the law or financial loss. Not all the products or services described on the Site
are available
in all geographic areas. You may not be eligible for all the products or services described.
Food Related
reserves the right to determine the eligibility for any such product or service as permitted by
law. Food
Related reserves the right, but not the obligation, to change or otherwise alter the operation,
features,
and content of the Services as Food Related sees fit in its sole discretion from time to time.
Our Services consist of products and services with
differing functionality based on the subscription level. We currently offer the following
Rewards sign up options to our retail customers:
A free, limited subscription ("Free Famie"); and
A paid
subscription which typically requires a fee (“Famie VIP”).
You do not have to become a Famie VIP
to use the Services. However, if you are not a Famie VIP, you may be precluded from using
certain
portions, components, content, features, or resources of our Services. We reserve the right to
eliminate
or modify any or all of the functionality of the Free Famie status at any time without any prior
notice
to you. Whether or not you are a Famie or Famie VIP, you are responsible for all charges and
fees
associated with connecting to and using the Site or Mobile App, including without limitation all
telephone access lines (including mobile data and data roaming charges, when applicable),
telephone
or internet service provider fees, telephone and computer equipment, sales taxes and any other
fees
and charges necessary to access our Site or Mobile App.
Agreement to Pay. You will be responsible for the fixed and periodic charges and
fees
(including prepayment plan fees for multiple periods or recurring monthly fees) you
selected
at the time of subscription. Applicable taxes, and other charges and fees incurred in
order to
access your Famie VIP subscription may also apply.
Automatic Renewal. Your Famie VIP Status will automatically be extended for
successive renewal periods of the same duration selected at the time of your purchase,
at the
then-current non-promotional subscription rate. Until you cancel, we will charge or
debit your
payment method at the beginning of your subscription. Your non-cancellation of the Famie
VIP Services or continued use of the paid subscription features of the Famie VIP Service
will
reaffirm that we are authorized to charge you. If your credit or debit account has been
closed
or your payment method is otherwise invalid, your subscription may not renew and your
subscription will be automatically downgraded to the Free Famie status effective as of
the end
of your current billing cycle. The renewal charge will generally be the same as the
prior period’s
charge, unless we notify you in advance at the time of sign up or prior to the beginning
of the
renewal period as described above. If
You purchased a multiple-period prepayment plan or
You were eligible for a promotional rate but are no longer eligible for that
rate, then your
subscription will be automatically renewed at our then-current non-promotional
subscription
rates at the start of the renewal period. If you wish to renew and we are
currently offering
promotional rates at such time, you must renew your subscription prior to the
termination of
your current plan. If you fail to renew your subscription for any Famie VIP
Status before its
scheduled expiration date, then the then-current non-promotional subscription
rate will apply.
Cancellation of Famie VIP Status. You can cancel your subscription for
our Famie VIP Services at any time by contacting Customer Support at
help@foodrelated.com or at
Food Related, 17401 Triton Drive, Schertz, Texas 78154, Attn: Customer Support,
or by such
other means as we may provide from time to time. We will attempt to process all
cancellation
requests within 72 hours after we receive your request. We reserve the right to
collect fees,
surcharges, or costs incurred before your cancellation takes effect. If you
terminate your paid
subscription for Famie VIP Status, your subscription will remain active until
the end of your
then-current subscription period.
Modifications. We reserve the right to revise the terms of the fee
charge, cancellation
and refund policies, upon reasonable advance notice communicated to you through
a posting
on the Site or such other means as we may deem appropriate from time to time
(including
electronic mail or conventional mail). Any changes made will apply to all
Rewards accounts
created or renewed after the date such change was implemented.
Account Information. In connection with your use of certain features of the Services,
you may be required to create an account or complete registration form. When you create an
account
with Food Related or otherwise register for Services through our Site (“User Agreement”), you
agree
to provide true, accurate, current, and complete information about yourself as required by the
account
application and other documentation made available on the Site. Please refer to our Privacy Policy
for more detailed information on the types of information we collect. Without limiting any other
provision of these Terms, if any information provided by you is untrue, inaccurate, not current,
incomplete or misleading, Food Related may immediately close your account and terminate your
right
to use the Site, among other remedies that may be available to Food Related.
Use and Sharing. When you provide User Agreement information, you understand and agree
that you have established a business relationship between you and Food Related. Accordingly,
Food Related may send your information to certain affiliates and third parties as provided in
our Privacy Policy and you agree that Food Related, its
affiliates, and persons calling on Food Related’s behalf may contact you using information you
provided with information and offers of services available through Food Related and the Site.
You also give Food Related permission to retain all such provided information and to make live
or recorded calls to discuss, provide or remind you of any information regarding your submission
or other matters in connection with your account.
Account Integrity. For any Service, by providing User Agreement information, you
represent that all the information you have provided is true, accurate, current and complete.
You further acknowledge that you alone will use your account to access the Services. You must
not sell, transform or assign your account to anyone else. You agree to keep your login
information confidential, to employ reasonable and appropriate safeguards to prevent
unauthorized access to your account, and to not share your account credentials with any third
party or allow anyone else to log into our Services as you. You are responsible for all
activities that occur under your account. If you believe that your account is no longer secure,
you agree to notify us immediately.
Consent. By creating an account or clicking on any button indicating an acceptance or
agreement to terms, or otherwise using the Site, you understand that you are consenting,
acknowledging and agreeing to receive any type of electronic communication (including, without
limitation, legal communications, advertisements and other commercial e-mails, informational
e-mails, and electronic notices, updates, and newsletters), whether by email or via the
internet, from Food Related. You hereby consent to any such communication, so it will not be
considered spam or unauthorized by any local, state or federal law or regulation. You agree that
the consents described herein shall remain valid and in effect until you revoke them by opting
out as described below.
Opt Out.You may opt out of receiving communications from Food Related at
any time by engaging in any of the following reasonable means:
By sending an e-mail to help@foodrelated.com with a subject line of “Opt-Out
of Electronic Communications.”; or
By responding to any SMS, mobile, or text message you receive from Food Related in
accordance with the express written instructions of that particular messaging program. You
acknowledge that opting out of receiving any such communications may impact your receipt,
the success, and/or the performance of all or any part of the Site and/or your ability to
receive certain messages and/or notifications from Food Related
License of User Materials. We may allow the recording, submission, or distribution of
artwork, audio, video, or other content created by users (“User Materials.") on or
through the
Services. All rights to User Materials including all intellectual property rights shall remain
the
exclusive property of the user. By recording, submitting, or distributing User Materials on or
through the Services, you grant us a limited, nonexclusive, worldwide, fully paid, license to
use, store, copy, distribute, display, transmit, and sublicense such User Materials solely for
the
purposes of delivering the Services to you, in all formats, on or through any medium now
known or hereafter developed, and with any technology or devices now known or hereafter
devised. If you are an adult, you consent to the publication of any testimonials you send to us
along with your name and other information you submit in connection with such testimonial.
Warnings; Disclaimers PLEASE NOTE THAT THE USER MATERIALS MIGHT
BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, FOOD RELATED IS
NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY
ARISING FROM OR IN CONNECTION WITH, ITS USE OF ANY USER MATERIALS
IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
Ownership. All text, graphics, photographs, videos, sound, trademarks, logos, artwork,
interfaces and computer code, including but not limited to the design, coordination, “look and
feel” and arrangement of elements contained on the Site (collectively “Intellectual
Property”)
is owned or licensed by or to Food Related. The Intellectual Property is protected by
trademark, copyright, and patent laws, and other intellectual property rights and unfair
competition laws. Nothing on the Site should be construed as granting any license or right to
use any Intellectual Property.
Site Content. You may access and use this Site and all text, graphics, images,
photographs and other information and materials made available on this Site (collectively,
“Site
Content”), and print Site Content and copy such printed Site Content, for your personal
and
informational use only. You are not permitted to remove from any printed Site Content any
copyright, trademark or other notice or attribution as it appears on the Site Content. Except
as expressly set forth in these Terms, Site Content may not otherwise be copied, displayed,
distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold,
transmitted, used to create a derivative work or otherwise used for public or commercial
purposes without the express written permission of Food Related
Modification or Removal of Site, Site Content. Food Related reserves the right at any
time and from time to time to modify or discontinue, temporarily or permanently the Services or
your access them (including User Materials), with or without notice and without cost or penalty
to
Food Related. Furthermore, the Site may become unavailable due to maintenance or malfunction of
computer equipment or other reasons. You agree that Food Related will not be liable to you or to
any third party for any modification, suspension, malfunction or discontinuance of the Services.
If
any information you provide, or if we have reasonable grounds to suspect that any information
you
provide, is false, inaccurate, or otherwise violates these Terms or any Additional Terms, then
we may
suspend or terminate your FamClub Rewards or deny you access to all or part of the Services.
Any
suspension or termination will not affect your obligations to us, including any payment
obligations
to us, and you will not be entitled to a refund of any payments. Upon suspension or termination
of
your access to the Services, or upon notice from us, your permission to use the Services will
terminate
immediately.
The Site is controlled and
operated by Food Related from the United States, and is not intended to subject Food Related to
the
laws or jurisdiction of any state, country or territory other than that of the United States.
Food Related
does not represent or warrant that the Site or any part thereof is appropriate or available for
use in
any particular jurisdiction other than the United States. In choosing to access the Site, you do
so on
your own initiative and at your own risk, and you are responsible for complying with all local
laws,
rules and regulations. We may limit the Site’s availability, in whole or in part, to any person,
geographic
area or jurisdiction we choose, at any time and in our sole discretion.
By using this Site, you agree that certain information will be shared within
Food Related and may be shared with non-affiliated third parties. Please refer to Food Related’s
Privacy Policy for details
Engage in any activities,
including, without limitation, the uploading, posting, emailing, or transmitting of User
Materials, that
Attempt to or do harm to us, the Services, or any others;
Are unlawful, false, inaccurate,
misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive,
tortious, defamatory,
invasive of another’s privacy, or are otherwise objectionable to us, in our sole
discretion; or
Violate
any right of any third party, including, without limitation, the uploading,
posting, emailing, or
transmitting of User Materials that violates another person’s intellectual
property right, right of
privacy, right of publicity, trade secret right, or other proprietary right;
Reverse engineer,
disassemble, or modify any source or object code or any software or other products,
services, or
processes accessible through the Services, install any software, file, or code on the
Services that is not
authorized by us, or attempt to do so;
Engage in any activity (other than the use of specific features of the Services, such as
Site Timer or Activity Blocker) that interferes with a user’s access to the Services or
the proper operation of the Services;
Access or collect information from the Services using automated means (such as through
scripts, robots scrapers, or spiders);
Use any meta tags or other “hidden text” utilizing any of our Trademarks;
interfere with or circumvent any security feature of the Services or any feature that
restricts or enforces limitations on the use of or access to the Services or its
Content;
Use the Services for commercial or political purposes;
disclose, harvest, or otherwise collect information, including email addresses or other
private information about any third party, without that party’s express consent; or
Otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or
facilitate anyone else to do so.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE,
COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY
RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND
THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU
UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL
EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS)
AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
Food Related cannot and does not represent or warrant that the Site or its server will be
error-free, uninterrupted, free from unauthorized access (including third-party hackers or
denial of service attacks), or otherwise meet your requirements.
THE SITE AND SITE CONTENTS ARE PROVIDED BY FOOD RELATED ON AN “AS IS,” “AS AVAILABLE” BASIS,
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. FOOD RELATED MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR
COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM FOOD RELATED ARE FREE OF MALWARE OR
OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO
THE FULL EXTENT PERMITTED BY LAW, FOOD RELATED DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES
REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
FOOD RELATED DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER
PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY
THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS
AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED
ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU
HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third
parties, pop-up texts, or links to third-party sites. If you decide to link to any such
third-party sites, you do so entirely at your own risk.
Food Related will use our best efforts to include accurate and up-to-date information on the
Site, but we make no warranties or representations as to the accuracy or completeness of the
information. You agree that your access and use of this Site and its contents is at your own
risk.
UNDER NO CIRCUMSTANCES SHALL FOOD RELATED OR ITS EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS OR
AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF FOOD RELATED HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON
THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE
FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW
JERSEY, FOOD RELATED OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY
LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE,
OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF FOOD RELATED’S
NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND
FOOD RELATED. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND FOOD RELATED. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE(S).
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Food
Related and its respective employees, directors, managers, officers, agents, vendors and
suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits,
damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and
expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that
if true would constitute a breach by you of these Terms, or any User Materials submitted by you.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), our designated
agent to receive notices of copyright infringement may be reached by email at help@foodrelated.com, or by postal mail at Food
Related, 17401 Triton Drive, Schertz, Texas 78154. If you believe that your material has been
posted on, or distributed via, the Services in a way that constitutes copyright infringement,
please provide the following information as required by the DMCA:
A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right
that is
allegedly infringed (the “complaining party”);
Identification of the copyright work (s)
claimed to have been infringed;
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and information reasonably
sufficient to
permit us to locate the material;
Information reasonably sufficient to permit us to contact
the complaining party;
A statement that the complaining party (name, address, telephone
number, and email address) has a good-faith belief that use of the material in the
manner
complained of is not authorized by the copyright owner, its agent, or the law; and
A
statement that the information in the notification is accurate, and under penalty of
perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive
right
that is allegedly infringed. The DMCA provides that a person who knowingly materially
misrepresents that material or an activity is infringing may be subject to liability. We
may
send the information in the notice from the complaining party to the person who provided
the
allegedly infringing material.
Under California Civil Code Section 1789.3, California users are entitled to the following
consumer rights notice: If you have a question or complaint regarding the Site, please send an
email to help@foodrelated.com. You may also contact
us by writing to Food Related, 17401 Triton Drive, Schertz, Texas 78154. California residents
may reach the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.
Binding Arbitration. At Food Related’s sole discretion, it may require you to submit
any disputes arising from these Terms or use of the Site, including disputes arising from or
concerning their interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American Arbitration
Association applying Texas law.
Waiver of Jury Trial and Class Action It is agreed any dispute resolution proceedings,
whether subject to arbitration or litigation, will be conducted ON AN INDIVIDUAL BASIS ONLY, AND
NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND
FOOD RELATED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS
If the Site contains links to other sites and resources provided by third parties, these links
are provided for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third-party websites linked
to this Site, you do so entirely at your own risk and subject to the terms and conditions of use
for such websites.
These Terms shall be governed by the laws of the State of Texas without regard to its conflicts
of laws principles. Mandatory and exclusive venue for any dispute regarding these Terms shall
only be appropriate in San Antonio, Bexar County, Texas, although we retain the right to bring
any suit, action, or proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
These Terms, including the Additional Terms and information linked from or incorporated herein
or otherwise found on the Site, constitute the entire agreement between you and Food Related
with respect to the Site and Services and supersede all prior or contemporaneous communications,
agreements, and proposals with respect to the Site. We may assign our rights and obligations
under these Terms. These Terms will inure to the benefit of our successors, assigns and
licensees. No provision of these Terms shall be waived except pursuant to a writing executed by
the party against whom the waiver is sought. No failure to exercise, partial exercise of, or
delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel
of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not be
affected or impaired. You may not assign, transfer, or sublicense any of your rights or
obligations under these Terms without our express prior written consent. We will not be
responsible for failure to fulfill any obligation due to causes beyond our control.
Food Related may from time to time and in its discretion incorporate additional terms to these
Terms that govern specific benefits and programs related to FamClub Rewards Subscribers. The
following additional terms are incorporated by reference and govern your use of the Services and
your Rewards, as applicable:
By submitting this form, you are consenting to receive marketing
emails from: Food Related, 17401 Triton, Schertz,TX, 78154, US,
http://www.foodrelated.com. You can revoke your consent to receive emails at any
time by using
the SafeUnsubscribe®link, found at the bottom of every email. Emails are
serviced by Constant Contact.
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