These Terms constitute an agreement between FAC and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
1. Our Services
Our Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule the ordering, purchase and pick up of our coffee and related products at our kiosks (the “Process”). Our Services require you to enable FAC to access your location using GPS technology during the Process and by using our Services you specifically agree and consent to allowing FAC to access the location of your phone so the Process can be completed successfully.
Subject to your compliance with these Terms, FAC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of our Services; and (ii) access and use any content, information and related materials that may be made available through our Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by FAC and FAC's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of our Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Services except as expressly permitted by FAC; (iii) decompile, reverse engineer or disassemble our Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of our Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our Services or unduly burdening or hindering the operation and/or functionality of any aspect of our Services; or (vi) attempt to gain unauthorized access to or impair any aspect of our Services or its related systems or networks.
c.Third Party Services and Content.
Our Services and all rights therein are and shall remain FAC's property or the property of FAC's licensors. Neither these Terms nor your use of our Services convey or grant to you any rights: (i) in or related to our Services except for the limited license granted above; or (ii) to use or reference in any manner FAC's company names, logos, product and service names, trademarks or services marks or those of FAC's licensors.
2.Users, accounts and eligibility
Our Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE OUR SERVICES. By accessing, using and/or submitting information to or through our Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use our Services under the supervision of and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use certain of our Services. In creating an account, you agree to:
i. create only one account for each applicable part of our Services;
ii. provide honest, accurate, current and complete information regarding yourself;
iii. keep your profile, contact and other account information updated and accurate;
iv. keep your account password private and not share it with others; and
v. notify FAC if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
From time to time, FAC may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your information is not up-to-date in your profile at the time of offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
You are responsible for providing the equipment and services that you need to access and use our Services. We do not guarantee that our Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use our Services or any component of them and to block or prevent future access to and use of our Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to our Services will survive such termination.
3. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against FAC on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against FAC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against FAC by someone else.
a.Agreement to Binding Arbitration Between You and FAC.
You and FAC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of our Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and FAC, and not in a court of law.
You acknowledge and agree that you and FAC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and FAC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and FAC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
b.Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Pennsylvania.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Commonwealth of Pennsylvania and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
d.Location and Procedure.
Unless you and FAC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and FAC submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. FAC will not seek, and hereby waives all rights FAC may have under applicable law to recover attorneys' fees and expenses if FAC prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, FAC will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if FAC changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing FAC written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o FAC USA, LLC (the name and current contact information for the registered agent in each state are available by contacting us), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and FAC in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
h.Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
4. Access and Use of our Services
In order to use most aspects of our Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to FAC certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by FAC. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use our Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by FAC in writing, you may only possess one Account.
b.User Requirements and Conduct
Our Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use our Services for lawful purposes. You may not in your access or use of our Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
c. Text Messaging and Telephone Calls.
You agree that FAC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an FAC account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from FAC at any time, either by texting the word “STOP” to the number we designate using the mobile device that is receiving the messages, or by contacting us on our website. If you do not choose to opt out, FAC may contact you as outlined in its User Privacy Statement, located at www.fouralarmcoffee.com.
5.User Provided Content.
FAC may, in FAC's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FAC through our Services textual, audio, and/or visual content and information, including commentary and feedback related to our Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to FAC, you grant FAC a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with our Services and FAC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FAC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor FAC's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
FAC does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FAC liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You are solely responsible for your use of the Sites and agree to use the Sites at your own risk. If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it to us at our Contact Us link on our website. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although FAC has no obligation to screen, edit or monitor any of the User Content posted on the Sites, FAC reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense. If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content. You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to FAC that you grant herein.
You agree you will not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FAC in its sole discretion, whether or not such material may be protected by law. FAC may, but shall not be obligated to, review, monitor, or remove User Content, at FAC's sole discretion and at any time and for any reason, without notice to you. User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a FAC Card or employer name ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by FAC, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access FAC or Content that is not authorized by FAC; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access FAC or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to FAC’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair FAC’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). FAC reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites that FAC reasonably believes is or might be in violation of these Terms, or FAC policies. FAC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
7.Network Access and Devices.
You are responsible for obtaining the data network access necessary to use our Services. Your mobile network's data and messaging rates and fees may apply if you access or use our Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use our Services and Applications and any updates thereto. FAC does not guarantee that our Services, or any portion thereof, will function on any particular hardware or devices. In addition, our Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of our Services may result in charges to you for the services or goods you receive ("Charges"). FAC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
FAC does not ever accept cash or currency as a payment method unless required to under individual state law. All Charges and payments will be enabled by FAC using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that FAC may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by FAC. Please be advised that once your order is placed you cannot receive a refund for that order even if you do not pick it up at our kiosk.
As between you and FAC, FAC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of our Services at any time in FAC's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may be higher than in other geographic areas. FAC will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. FAC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of our Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of our Services or the Charges applied to you.
9. Digital Millennium Copyright Act ("DMCA") Notice.
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Four Alarm Coffee, LLC
Attention: Customer Care
P.O. Box 1244, Newtown, PA, 18940
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If FAC receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, FAC has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. FAC may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Disclaimers; Limitation of Liability; Indemnity.
To the fullest extent allowed by applicable law, FAC is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of our Services or any materials available on any FAC online Service. FAC shall not be liable even if FAC or a FAC authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
Except as expressly otherwise stated, FAC does not make any warranty, express or implied, as to accuracy, reliability or availability of any of our Services. Without limiting the generality of the preceding sentence, FAC specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through our Services.
FAC does not guarantee that the functions contained in any of our Services will be secure, uninterrupted or error-free, that each our Services will be free of viruses or other harmful components, or that defects will be corrected even if FAC is aware of them. Except as set forth below, in no event will FAC and its parent’s or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our Services or $100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred. Nothing in these Terms will exclude or limit FAC’s liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud. However, by using our Services, you understand that our hot beverages will be served to you very hot and that you will take all reasonable precautions to prevent burns of every kind before consuming all of our products.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FAC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FAC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FAC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
b.LIMITATION OF LIABILITY.
FAC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OUR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FAC, EVEN IF FAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON OUR SERVICES OR YOUR INABILITY TO ACCESS OR USE OUR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FAC'S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FAC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FAC’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold FAC and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of our Services or services or goods obtained through your use of our Services; (ii) your breach or violation of any of these Terms; (iii) FAC's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
12. Governing Law.
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Pennsylvania, without reference to its conflicts of law principles.
13. Notice to California Residents.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of our Services is FAC
P.O. Box 1244, Newtown, PA, 18940
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who have registered to use our Services and who have posted content or information on our Services, can request that such information be removed from our Services by contacting us at email@example.com. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
14. Copyright, Trademarks, and User License.
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the FAC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of FAC or its licensors or users and are protected by U.S. and international copyright laws. FAC, LLC, FAC, the FAC logo, and other FAC trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of FAC Corporation (collectively "FAC Marks"). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The FAC Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of FAC or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by FAC or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, FAC grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
15. Distracted Driving.
Distracted driving is a significant cause of injury and death. By agreeing to these Terms, you explicitly agree that you will not use any of FAC's Applications or Services while operating a motor vehicle and agree to indemnify and hold FAC harmless for any and all injuries caused by your failure to abide by this requirement.