Terms of Use

 

Last Modified: March 1, 2021

 

  1. Acceptance of the Agreement.
    1. Agreement. These terms of use and all documents expressly incorporated herein by this reference, which include Privacy Policy (collectively, the “Agreement”), are entered into by and between f’Real! Foods, LLC (“f’Real!”) and you. The Agreement governs your access to and use of https://booth.freal.com/en/booth/ including all content, functionality, resources, and services, including the Event Resources and Interactive Features, offered on or through https://booth.freal.com/en/booth/ (the “Website”).
    2. Please read. Please read the Agreement carefully before you start to use the Website.
    3. Your Acceptance. By using the Website or by clicking “ACCEPT” when the option to do so is made available to you, you expressly accept and agree to be bound by, and to strictly comply with, all of the terms and conditions contained in the Agreement. If you do not agree with any term of condition contained in the Agreement, then you must not access or use the Website.
    4. Eligibility Requirement. The Website is offered and available only to users who are 18 years of age or older. By accessing and using the Website, you represent and warrant to f’Real! that you meet the foregoing eligibility requirement. If you do not meet the eligibility requirement, then you must not access or use the Website.
  2. Changes to the Terms of Use.
    1. Changes. f’Real! may change the Agreement at any time in f’Real!’s sole discretion. All changes are effective immediately when f’Real! posts such changes and will apply to all access to and use of the Website thereafter. f’Real! will update the “Last Modified” date set forth above to show when the Agreement has been changed.
    2. Your Acceptance. Your continued use of the Website following the posting of any change means that you accept and agree to the change. You acknowledge and agree that you are responsible for reviewing the Agreement each time you access and use the Website so you are aware of any changes, as all such changes are binding on you.
  3. Access to the Website.
    1. Access and Content. f’Real! has the right to provide, withdraw, or change access to the Website including any service offered through or other content on the Website, at any time in f’Real!’s sole discretion. f’Real! will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period of time. f’Real! has the right to restrict your access to some parts of the Website or all of the Website in f’Real!’s sole discretion.
    2. Your Responsibility. You are responsible for making all arrangements necessary (whether technology related or otherwise) for you to have access to the Website. If you allow another person to access the Website through your internet connection, you are responsible for making such person aware of the Agreement and will ensure the person complies with the Agreement.
    3. Registration. To access some of the resources on the Website (the “Event Resources”), you will be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You acknowledge and agree that all information you provide to the Website, including to register for access to the Event Resources or to use any other feature on the Website, is governed by f’Real!’s Privacy Policy,  and you consent to all actions f’Real! takes with respect to your information consistent with f’Real!’s Privacy Policy. If you provide f’Real! any information regarding any person other than you, you represent and warrant that you have such person’s express permission to do so and acknowledge and agree that such person has been made aware of and agrees to the Agreement.
    4. Confirmation Email. After registering for access to the Event Resources, you will receive a confirmation email that contains a link to the Event Resources. This link is unique to your email address and is only to be used by you to access the Event Resources. You agree to not share this link with any other person.
    5. Interactive Services. The Website contains video chat and text chat functions (“Interactive Features”) that allow you to communicate with f’Real! personnel regarding f’Real!’s products. All communications that occur through the Interactive Features are for informational purposes only and are subject to Section 4 (Reliance on Information) and Section 5 (No Offer or Sale) of these terms of use. All information you share with f’Real through the Interactive Features will be considered non-confidential and non-proprietary.
  4. Reliance on Information.

The information presented on or through the Website, including on or through the Event Resources and Interactive Services, is made available solely for general information purposes. f’Real! does not make any representation or warranty as to the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. f’Real! expressly disclaims all liability and responsibility arising out of or related to your reliance on such information or the reliance on such information by any other person.

  1. No Offer or Sale.

f’Real! does not sell products or services through the Website. The Website does not constitute an offer to sell products or services and f’Real! will have no obligation to sell any products or services to you unless you and f’Real! enter into a separate agreement for the purchase and sale of products or services. For inquiries regarding the purchase and sale of products or services please submit a request via https://business.freal.com/contact-us-self-serve/

 

  1. Intellectual Property Rights.
    1. f’Real!’s Intellectual Property. The Website and all content, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by f’Real! or f’Real!’s licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by f’Real!. f’Real!’s name, logo, trademarks, and all related names, logos, product names, service names, designs, and slogans on the Website (the “Marks”) are owned by f’Real! or f’Real!’s licensors. You must not use the Marks without f’Real!’s prior written permission to do so.
    2. Permitted Use. You are only permitted to use the Website for your legitimate internal business purposes in accordance with the Agreement and for no other purpose whatsoever.
    3. Restrictions. You must not do any of the following:
      1. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Website except as follows:
        1. Your computer may temporarily store copies of the materials in RAM incidental to your accessing and viewing those materials.
        2. You may store files that are automatically cached by your web browser for display enhancement purposes.
        3. You may print or download one (1) copy of a reasonable number of pages of the Website for your legitimate internal business purposes, but will not further reproduce, publish, duplicate, or distribute such pages.
      2. You must not modify any materials from the Website or delete or alter any copyright, trademark, or other proprietary rights notices from any of the materials from the Website.
      3. You must not access or use the Website or any service or material available through the Website for any commercial purpose.
    4. Consequences. Any use of the Website not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws and f’Real! may pursue all rights and remedies f’Real! has available to it under the Agreement, at law, or in equity. In addition to all other rights and remedies f’Real! has available to it under the Agreement, at law, or in equity, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will stop immediately and you must, at f’Real!’s option, return or destroy any copies of the materials you have made.
    5. Exceptions. If you wish to make use of any material on the Website in any way other than as expressly permitted in the Agreement, please submit a request via the https://business.freal.com/contact-us-self-serve/ f’Real! may grant, withhold, delay, or place any conditions on any permission in f’Real!’s sole discretion.
  2. Prohibited Uses.

You must not use the Website in any of the following ways:

    1. You must not use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries).
    2. You must not impersonate or attempt to impersonate any other person or entity.
    3. You must not engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Website or which, as determined by f’Real! in its sole discretion, may harm f’Real! or any user of  the Website or expose f’Real! or any user of the Website to liability.
    4. You must not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
    5. You must not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    6. You must not use any device, software, or routine that interferes with the proper working of the Website or otherwise attempt to interfere with the proper working of the Website.
    7. You must not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    8. You must not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    9. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  2. Linking to and from the Website; Social Media.
    1. Linking to the Website. You may link to the Website homepage, provided that you do so in a way that is fair and legal and does not damage the reputation of f’Real! or the Website or take advantage of f’Real! or the Website. You must not establish a link in such a way as to suggest any form of association, approval, endorsement by f’Real!. You agree to cooperate with f’Real! in causing any unauthorized framing or linking to stop immediately. f’Real! reserves the right to withdraw the permission to link to the Website at any time without notice in f’Real!’s sole discretion.
    2. Linking from the Website. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. f’Real! has no control over the content of third party websites or resources. If you decide to access and use any third party website or resource linked from the Website, you do so entirely at your own risk and your access and use thereof will be subject to the terms and conditions for such website and resource. f’Real! expressly disclaims all liability and responsibility arising out of or related to your access or use of any third party websites and resources.
    3. Social Media. If f’Real! provides social media features with certain content, you may take such actions as are enabled by such features; provided, that f’Real! may modify or disable such features at any time in f’Real!’s sole discretion.
  3. Disclaimers.
    1. Viruses. You understand that f’Real! cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious, destructive, or harmful code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. TO THE FULLEST EXTENT PERMITTED BY LAW, F’REAL! WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
    2. Use at Your Own Risk. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    3. No Warranties. NEITHER F’REAL! NOR ANY PERSON ASSOCIATED WITH F’REAL! MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER F’REAL! NOR ANYONE ASSOCIATED WITH F’REAL! REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    4. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, F’REAL! HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    5. Exceptions. THE DISCLAIMERS IN THIS SECTION 9 DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  4. Limitation of Liability.
    1. Disclaimer of Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL F’REAL!, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    2. Exceptions. THE DISCLAIMERS IN THIS SECTION 10 DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  5. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless f’Real!, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder arising out of, related to, resulting from, or in connection with your violation of the Agreement, your use of the Website, or your use of any information obtained from the Website.
  6. Governing Law and Venue.
    1. Governing Law. The Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than the State of New York, United States of America.
    2. Venue. You agree that in any dispute exclusive jurisdiction and venue will be in the state or federal courts located in Erie County, State of New York, United States of America. You acknowledge and agree that you will not raise in connection therewith, and hereby waive, any defenses based upon venue, inconvenience of forum, or lack of personal jurisdiction in any action or suit brought in accordance with the foregoing.
  7. Equitable Relief.

You acknowledges and agree that a breach or threatened breach by you of any of your obligations under the Agreement, would cause f’Real! irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, f’Real! will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

  1. Waiver.

No waiver by f’Real! of any of the provisions of the Agreement will be effective unless explicitly set forth in writing and signed by f’Real!. Except as otherwise set forth in the Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  1. Severability.

If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, such provision will be eliminated or limited to the minimum extent necessary to enable the remaining provisions of the Agreement to continue in full force and effect.

  1. Entire Agreement.

The Agreement constitutes the sole and entire agreement by and between f’Real! and you with respect to the subject matter of the Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

  1. Interpretation.

For purposes of the Agreement: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation.”

  1. Your Comments.

The Website is operated by f’Real! Foods, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should submitted via the https://business.freal.com/contact-us-self-serve/.