Effective 6/21/2017 (last updated)
Thank You for Your interest in Front Forty Foods, also known as Health As…LLC (“Front Forty”) and Our Service, which includes Front Forty’s application for Your mobile device (the “App”), Our Website at FrontFortyFoods.com (“Site”), as Well as all related Web sites, networks, downloadable software, and other services provided by Us and on which a link to this Terms of Service Agreement is displayed (“Sites”), and Our ordering kiosks (“Kiosks”).
The following terminology applies to this Agreement: “You”, “Your” and “Yourself” refers to the person accessing the Service and accepting the terms and conditions of this Agreement. The “Company”, “We”, “Our” and “Us” refers to Front Forty. “Party” or “Parties” refers to You and Front Forty.
As provided in greater detail in this Agreement (and without limiting the express language of the Agreement below), You agree and acknowledge that the Agreement includes, the following material terms:
- the App is licensed, not sold to You, and You may Use the Service only as set forth in this Agreement;
- Your Use of the Service may be subject to separate third party terms of service and fees, including without limitation Your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data Usage and overage, which are Your sole responsibility;
- access to certain features of the Service may require access to information about the location of an electronic Used by You, such as GPS coordinates;
- the Service is provided “as is” without warranties of any kind and Front Forty’s liability to You is limited;
- disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND FRONT FORTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and Your claims cannot be brought as a class action. Please review the Dispute Resolution Section below for the details regarding Your Agreement to arbitrate any disputes with Front Forty;
- the App may require access to the following services on Your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, audio and microphone access, and internet and data services.
- if You are Using the App on an iOS-based device, You agree to and acknowledge the “Notice Regarding Apple”, below.
You must be at least thirteen (13) years of age to Use the Service. By agreeing to this Agreement, You represent and warrant to Front Forty: (i) that You are at least thirteen (13) years of age; (ii) that You have not previously been suspended or removed from the Service; (iii) that Your registration and Your Use of the Service is in compliance with any and all applicable laws and regulations; and (iv) that You are authorized to use the method of payment tendered to Front Forty. If You are Using the Service on behalf of an entity, organization, or company, or a third-party, You represent and warrant that You have the authority to bind such organization or third-party to this Agreement and You agree to be bound by this Agreement on behalf of such organization or third-party.
- Accounts and Registration
To access some features of the Service, You must register for an account. When You register for an account, You may be required to provide Front Forty with information about Yourself (such as Your name, e-mail address or other contact information), or in the event You are accessing the Service on behalf of an organization or other third-party, You may be asked to provide Front Forty with information about the organization or third-party. You agree that the information You provide to Us is accurate, that You are expressly authorized to provide the information to Front Forty, and that You will keep the information provided accurate and up-to-date at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of account and password information. You agree to accept responsibility for all activities that occur under Your account, and any account established by You. If You have reason to believe that Your account is no longer secure, then You must immediately notify Us at email@example.com.
The App and/or Site may include push notifications, and You hereby approve Our delivery of electronic communications directly to Your device.
- Payment and Pricing Policy
We are a cashless business. When You place an order through the Site, Sites, App or at a Kiosk, You will have the option to pay via pre-paid credits previously purchased by You, credit and/or debit cards. You may also have the option to pay Using Apple Pay, PayPal or other similar payment options. Front Forty and its designated payment processors may seek pre-authorization of Your method of payment, such as Your credit card, prior to Your purchase to verify that the validity of Your payment method and Your payment method has the necessary funds or credit available to cover Your purchase. Due to the non-fixed costs of products offered by Front Forty, prices for Our products may change without notice. You authorize Front Forty to charge all sums as described in this Agreement, for the products You select when Using the Service, to that payment method.
- Refund Policy
If You have made a purchase through the Service and You are not completely satisfied with an item purchased, We will gladly refund your Account for the amount of that item if a request for a refund is made to firstname.lastname@example.org, within three days of the purchase, providing your name, account information, description of the item for which you seek a refund, and reason for seeking refund. If more than three days have elapsed since Your purchase, unfortunately We cannot offer You a refund.
- Our Food/Beverage Offerings
We try very hard to accurately describe and display all the food/beverages We serve and sell at Our Front Forty Kiosks, on the App, on the Site and Sites. However, because Our food is all handcrafted by Front Forty’s chefs, or trusted purveyors with whom we have partnered, occasionally a dish You order won’t look or taste exactly as it was described or displayed to You. You understand that this is normal, and that We can’t and don’t guarantee the accuracy or completeness of any description or depiction of any dish, including without limitation, any prepared or raw food. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving You notice. If You are unsatisfied with any purchase, please see Our refund policy above.
- Proprietary Rights, Scope of License and Prohibited Uses
Front Forty and its logos and other related marks, design marks, product names used in delivering the service are trademarks of Front Forty and may not be used, copied, or imitated, in whole or in party, without the express prior written permission of Front Forty. Front Forty’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Front Forty or suggests a sponsorship, affiliation or endorsement by Front Forty.
All right, title and interest in the Service, belongs solely and exclusively to Front Forty or its licensors, and nothing in this Agreement is deemed to grant You an ownership interest in the App, Site or Sites. The App is licensed, not sold, to You for Use only under the terms of this license. Front Forty reserves all rights not expressly granted to You. Subject to Your complete and ongoing compliance with the terms and conditions of this Agreement, Front Forty hereby grants You a personal, limited, revocable, non-transferable license to Use the App on a compatible devices that You own or control, solely for Your own Use.
You may not modify, alter, reproduce, or distribute the App or Site, or make it available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Site. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Site, or any content available through the App or Site. If You breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, You may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to You by Front Forty that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The Service may only be used for lawful purposes in accordance with the terms of the license granted in this Agreement. As a condition of your use of the Service, you warrant that You will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not make any commercial use of the App, Site or Sites, including of the content, and may not download, copy or transmit content on the App, Site or Sites for the benefit of any other merchant. You may not make any use of data extraction or gathering tools. You may not misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Service, or express or imply that We endorse any Statement You make. You may not conduct fraudulent activities with or through the Service. You may not violate or attempt to violate the security of the Service, or tamper or interfere with the Service.
- Third Party Services and Linked Websites
Front Forty may provide tools through the Service that enable You to export information to third party services, including through features that allow You to link Your account on Front Forty with an account on the third party service, such as Twitter or Facebook, or through Our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, You agree that We may transfer that information to the applicable third-party service. Third party services are not under Our control, and We are not responsible for any third party service’s use of Your exported information. The Service may also contain links to third party websites. Linked Websites are not under Our control, and We are not responsible for their content.
- Open Source and Third Party Software
The App or Site may include open source software or third party software. Any such software is made available to You under the terms of the applicable licenses.
- Content You Submit
Certain parts of the Service offer the opportunity for users to post and exchange opinions, and information (“Comments”). Front Forty does not screen, edit, publish or review Comments prior to their appearance through the Service and Comments do not reflect the views or opinions of Front Forty, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. Front Forty shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused or suffered as a result of any use of and/or posting of and/or appearance of the Comments through the Service. Front Forty reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of this Agreement. You warrant and represent that: You are entitled to post the Comments through the Service and have all necessary licenses and consents to do so; the Comments do not infringe any intellectual property right or proprietary right of any third party; the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; the Comments will not be used to solicit or promote business or present commercial activities or unlawful activity. You hereby grant to Front Forty a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
In addition to Comments, the Service may include features that enable You to upload certain materials to Front Forty’s servers, to enable certain processing of those materials by Front Forty, and to share them with other users of the Service. The following terms apply to Your Use of such features to manage and share media content across the Service.
- You agree that You are solely responsible for, and assume all liability and consequences regarding the Comments, text, audio, messages, photos, images, and any other media content that You submit through the Service along with all associated meta data (which may include without limitation Your device type, as well as date, time, application and location data associated with the creation and/or submission of a particular piece of content) (collectively “User Content”).
- Front Forty does not obtain any ownership of rights in Your User Content, but in order for Front Forty to provide the Service We need certain permission from You related to the User Content . Accordingly, You hereby grant Front Forty a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license, without obligation, to use, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify and otherwise utilize Your User Content and modifications and derivatives thereof (including without limitation the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt Your User Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which Your User Content may be implemented) in connection with providing the Service to Front Forty’s (and its successors’ and affiliates’) Users. You agree that Front Forty is not obligated to publish any User Content, and reserves the right to remove any User Content from the Service at any time for any reason, and is not obligated to pay or share any revenues with You in connection with Your User Content, any associated advertising, or otherwise.
- By posting and sharing User Content with other Users of the Service, You grant those users a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Service.
- You represent, warrant, and covenant that (1) You either are the sole and exclusive owner of all User Content that You submit to the Service, or You have all rights, licenses, consents and releases that are necessary to grant to Front Forty the rights in such User Content as contemplated under this Agreement, and (2) neither the User Content You submit to the Service nor Your creation of, accessing, posting, submission or transmission of such User Content or Front Forty’s exercise of the rights granted above to such User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including without limitation restrictions on obscenity, child pornography, wire tap laws or other similar restrictions on nonconsensual recording, or otherwise), or give rise to any right of payment of any amounts to any third party.
- You agree not to submit User Content that: (1) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Front Forty in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.
- Third Party Materials
Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Service, You may encounter Third Party Materials, such as third party advertisements and promotional content that you may find objectionable, and that may contain links or references to Third Party Materials that You find objectionable. Nevertheless, You agree to Use the Service at Your sole risk and that Front Forty shall not have any liability to You for any content, including Third Party Materials, that may be found to be objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise.
- Your Use of the Service and the Content. Your rights to Use the Service are expressly conditioned on the following:
- You agree and understand that the Service, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized Use of any proprietary content, information or materials;
- Unless expressly permitted, You may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
- You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
- You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
- You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize, direct, or cause a third party to do so;
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent Front Forty makes available the means for embedding any part of the Service or the Content;
- You agree not to access, tamper with, or use non-public areas of the Service, Front Forty’s (and any third party hosting company’s) computer systems and infrastructure, or the technical delivery systems of Front Forty’s providers;
- You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Service or to extract data;
- You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Front Forty is not in any way responsible for any such use by You, nor for any messages or transmissions that You may receive as a result of using the Service.
- You agree that Your use of the Service may incur third party fees, such as fees charged by Your Carrier for data usage, and may be subject to third party terms, such as Your Carrier’s terms of service, and You agree to pay all such fees and abide by all such terms;
- You agree not to do any of the acts described in this Section 11, or to assist or permit any person in engaging in any of the acts described in this Section 11.
- Location Based Services. Some of the features of the Service may enable Front Forty to tailor Your experience based on Your location (“Location-based Services”), such as to serve advertisements and to make offers, event updates, and other announcements available to You based on Your location. In order to use certain Location-based Services, You must allow Front Forty access to Your localized position through Your device, which Front Forty may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if You have not expressly granted Front Forty access to location data, Front Forty may nonetheless have access to location information contained in media content meta data, to the extent You have enabled the application originating such media content to capture and store location data. If You choose to disable Location-based Services on Your device or to the App, You may not be able to utilize certain features of the Service. By authorizing Front Forty to access Your location or media files containing location based meta data, You agree and acknowledge that (i) location data We collect from You is directly relevant to Your Use of the Service and (ii) Front Forty may, for so long as You allow Front Forty to access such location data or meta data, provide Location-based Services related to Your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND FRONT FORTY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION BASED SERVICES.
- Feedback. While Our own staff is continually working to develop and evaluate Our own product ideas and features, We pride Ourselves on paying close attention to the interests, feedback, comments, and suggestions We receive from the user community. If You choose to contribute by sending Front Forty or Our employees any ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials (collectively “Feedback”), then regardless of what Your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Front Forty, You agree that:
- Front Forty has no obligation to review, consider, or implement Your Feedback, or to return to You all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and Front Forty is not under any obligation to keep any Feedback You send confidential or to refrain from Using it in any way; and
- You irrevocably grant Front Forty and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
- Ownership. The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Front Forty and its licensors, provided that Your User Content, and Your intellectual property rights therein, remain Your property. Except for the limited license expressly granted by and to You under this Agreement, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Front Forty hereunder are expressly reserved.
- Termination. The AGREEMENT is effective until terminated by You or Front Forty. Your rights under this license will terminate automatically without notice from Front Forty if You fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). In addition, Front Forty may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or Use of the Service. You may terminate this Agreement at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the Agreement, You must immediately cease all use of the Service, and destroy all copies, full or partial, of the App.
- Indemnity. You agree to defend, indemnify, and hold Front Forty, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) Your User Content, (ii) Your access, use, or misuse of the Service or the Content, or (iii) Your violation of this Agreement.
- NO WARRANTY. TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING YOUR RELIANCE ON ANY ANNOUNCEMENT THAT IS TRANSMITTED OR RECEIVED ON OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, AS WELL AS PRODUCTS SERVED AT OUR FRONT FORTY KIOSK LOCATIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND FRONT FORTY HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRONT FORTY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
- LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FRONT FORTY, ITS SUPPLIERS OR LICENSORS, OR ANY PARTY INVOLVED IN CREATING OR PRODUCING ANY PRODUCT SERVED AT OUR FRONT FORTY KIOSK LOCATIONS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FRONT FORTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FRONT FORTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FRONT FORTY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- THIRD PARTY DISPUTES FRONT FORTY IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE FRONT FORTY SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FRONT FORTY (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Dispute Resolution In the interest of resolving disputes between You and Front Forty in the most expedient and cost effective manner, You and Front Forty agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. The Parties’ agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. You understand and agree that, by entering into this Agreement, You and Front Forty are each waiving the right to a trial by jury or to participate in a class action.
- Exceptions. Notwithstanding subsection (a), We both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either parties’ right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Arbitrator. Any arbitration between You and Front Forty will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA, and take place in Denver, Colorado. The AAA Rules and filing forms are available online at adr.org.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that We do not have a physical address on file for You, by electronic mail (“Notice”). Front Forty’s address for Notice is: Front Forty, 529 East 14th Avenue, Unit 14, Denver, Colorado, 80203 The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if We do not reach an agreement to do so within 30 days after the Notice is received, You or Front Forty may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Front Forty shall not be disclosed to the arbitrator.
- Fees. In the event that You commence arbitration in accordance with this Agreement, Front Forty will reimburse You for Your payment of the filing fee, unless Your claim is for greater than $5,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Denver, Colorado, provided that if the claim is for $5,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, You agree to reimburse Front Forty for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND FRONT FORTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Front Forty agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that Front Forty makes any future change to this arbitration provision (other than a change to the Front Forty’s address for Notice), You may reject any such change by sending Us written notice within 30 days of the change to Front Forty’s address for Notice, in which case Your account with Front Forty shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments You reject shall survive.
- Enforceability. If only Subsection (e) of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” Section, below, shall govern any action arising out of or related to this Agreement.
- Governing Law. The laws of the State of Colorado, excluding its conflicts of law rules, govern this license and Your use of the Service. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado, and You hereby irrevocably submit to personal jurisdiction in such courts.
- Modification of this Agreement. We reserve the right, at Our discretion, to modify this Agreement on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to this Agreement, Front Forty will make reasonable efforts to notify You of the change, such as through sending an email to any address You may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Your use of the Service following the date that any such change becomes effective constitutes Your agreement to be bound by the modified Agreement. If You do not agree to the modified Agreement, Your sole and exclusive remedy is to terminate Your account and You may no longer Use the Service. Disputes arising under this Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.
- Contacting Front Forty. You can contact Front Forty by email at email@example.com, or by U.S. post at Front Forty, [ADDRESS]