The ByeFood web site situated at https://ByeFood.com is a copyrighted job coming from ByeFood. Particular functions of the Website might undergo added standards, terms, or guidelines, which will certainly be uploaded on the Website about such functions.
All such added terms, standards, as well as guidelines are included by referral right into these Terms.
These Regards to Usage explained the legitimately binding terms that manage your use the Website. BY LOGGING RIGHT INTO THE WEBSITE, YOU ARE BEING CERTIFIED THAT THESE TERMS as well as you stand for that you have the authority as well as ability to become part of these Terms. YOU NEED TO GO TO LEAST 18 YEARS OLD TO GAIN ACCESS TO THE WEBSITE. IF YOU DIFFER WITH EVERY ONE OF THE ARRANGEMENT OF THESE STIPULATIONS, DO NOT LOG RIGHT INTO AND/OR USAGE THE WEBSITE.
These terms need making use of adjudication Area 10.2 on a specific basis to deal with conflicts as well as additionally restrict the solutions offered to you in case of a disagreement.
Accessibility to the Website
Based On these Terms. Business gives you a non-transferable, non-exclusive, revocable, minimal certificate to access the Website exclusively for your very own individual, noncommercial usage.
Particular Constraints. The legal rights accepted to you in these Terms go through the adhering to constraints: (a) you will not market, rent out, lease, transfer, appoint, disperse, host, or otherwise readily make use of the Website; (b) you will not transform, make acquired jobs of, take apart, turn around assemble or turn around designer any kind of component of the Website; (c) you will not access the Website in order to construct a comparable or affordable web site; as well as (d) other than as specifically specified here, none of the Website might be replicated, recreated, dispersed, republished, downloaded and install, showed, uploaded or sent in any kind of kind or whatsoever unless or else shown, any kind of future launch, upgrade, or various other enhancement to capability of the Website will undergo these Terms. All copyright as well as various other exclusive notifications on the Website have to be maintained on all duplicates thereof.
Business gets the right to transform, put on hold, or discontinue the Website with or without notification to you. You accepted that Business will certainly not be held reliant you or any kind of third-party for any kind of modification, disturbance, or discontinuation of the Website or any kind of component.
No Assistance or Upkeep. You concur that Business will certainly have no responsibility to give you with any kind of assistance about the Website.
Omitting any kind of Customer Web content that you might give, you know that all the copyright legal rights, consisting of copyrights, licenses, hallmarks, as well as profession keys, in the Website as well as its material are had by Business or Business’s vendors. Keep in mind that these Terms as well as accessibility to the Website do not provide you any kind of legal rights, title or rate of interest in or to any kind of copyright legal rights, besides the minimal gain access to legal rights shared in Area 2.1. Business as well as its vendors schedule all legal rights not provided in these Terms.
Third-Party Hyperlinks & Advertisements; Various Other Individuals
Third-Party Hyperlinks & Advertisements. The Website might have web links to third-party sites as well as solutions, and/or screen promotions for third-parties. Such Third-Party Hyperlinks & Advertisements are not under the control of Business, as well as Business is exempt for any kind of Third-Party Hyperlinks & Advertisements. Business gives accessibility to these Third-Party Hyperlinks & Advertisements just as an ease to you, as well as does not assess, authorize, check, back, warrant, or make any kind of depictions relative to Third-Party Hyperlinks & Advertisements. You make use of all Third-Party Hyperlinks & Advertisements at your very own danger, as well as ought to use an ideal degree of care as well as discernment in doing so. When you click any one of the Third-Party Hyperlinks & Advertisements, the appropriate 3rd party’s terms as well as plans use, consisting of the 3rd party’s personal privacy as well as information event methods.
Various Other Individuals. Each Website customer is exclusively in charge of any kind of as well as all of its very own Customer Web content. Due to the fact that we do not regulate Customer Web content, you recognize as well as concur that we are exempt for any kind of Customer Web content, whether given by you or by others. You concur that Business will certainly not be in charge of any kind of loss or damages sustained as the outcome of any kind of such communications. If there is a disagreement in between you as well as any kind of Website customer, we are under no responsibility to end up being included.
You thus launch as well as for life release the Business as well as our police officers, workers, representatives, followers, as well as appoints from, as well as thus forgo as well as give up, every single past, existing as well as future disagreement, insurance claim, conflict, need, right, responsibility, responsibility, activity as well as reason for activity of every kind as well as nature, that has actually emerged or occurs straight or indirectly out of, or that connects straight or indirectly to, the Website. If you are a The golden state citizen, you thus forgo The golden state civil code area 1542 about the foregoing, which specifies: “a basic launch does not include cases which the financial institution does not recognize or think to exist in his/her support at the time of implementing the launch, which if understood by him or her have to have materially influenced his/her negotiation with the borrower.”
Cookies as well as Internet Signs. Like any kind of various other web site, ByeFood makes use of ‘cookies’. These cookies are utilized to keep info consisting of site visitors’ choices, as well as the web pages on the web site that the site visitor accessed or went to. The info is utilized to maximize the individuals’ experience by tailoring our websites material based upon site visitors’ web browser kind and/or various other info.
The website is given on an “as-is” as well as “as offered” basis, as well as business as well as our vendors specifically disclaim any kind of as well as all service warranties as well as problems of any kind of kind, whether reveal, indicated, or legal, consisting of all service warranties or problems of merchantability, health and fitness for a certain objective, title, peaceful satisfaction, precision, or non-infringement. We as well as our vendors make not ensure that the website will certainly fulfill your demands, will certainly be offered on a nonstop, prompt, protected, or error-free basis, or will certainly be exact, trusted, devoid of infections or various other unsafe code, total, lawful, or risk-free. If appropriate legislation needs any kind of service warranties relative to the website, all such service warranties are restricted in period to ninety (90) days from the day of initial usage.
Some territories do not permit the exemption of indicated service warranties, so the above exemption might not put on you. Some territories do not permit restrictions on how much time an indicated service warranty lasts, so the above restriction might not put on you.
Restriction on Responsibility
To the optimum degree allowed by legislation, in no occasion will business or our vendors be reliant you or any kind of third-party for any kind of shed revenues, shed information, prices of purchase of replacement items, or any kind of indirect, substantial, excellent, subordinate, unique or compensatory damages emerging from or connecting to these terms or your use, or incapability to make use of the website also if business has actually been recommended of the opportunity of such problems. Accessibility to as well as use the website goes to your very own discernment as well as danger, as well as you will certainly be exclusively in charge of any kind of damages to your gadget or computer system, or loss of information resulting therefrom.
To the optimum degree allowed by legislation, regardless of anything on the contrary had here, our responsibility to you for any kind of problems emerging from or pertaining to this arrangement, will certainly in any way times be restricted to an optimum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 united stateC. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: USA. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of greater than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the insurance claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will certainly survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby concur to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will certainly be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any kind of attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company might freely assign these Terms. The terms as well as conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos as well as service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to make use of these Marks without our prior written consent or the consent of such third party which might very own the Marks.