USE OF THE SITE. This Site is not intended for use by children under the age of 13. You may access and use the Site solely for lawful purposes and only in accordance with the terms of this Agreement. Access to certain portions of the Site or use of certain content may require that you agree to the terms of an additional agreement. Any such additional agreement is in addition to this Agreement and, in the event of a conflict between the terms of this Agreement and the additional agreement, the terms of the additional agreement will control. EFE reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
REGISTRATION. This Site may include a process by which You may apply to become a registered user (a “Registered User”) of the Site in order to access nonpublic areas of the Site. If the Site has such a registration process, Your access to the Site will be limited until You apply for and are approved as a Registered User of the Site. Your approval as a Registered User is at the sole discretion of EFE. In connection with Your application to become a Registered User, You may be asked to submit certain information about yourself (“Registration Information”). If Your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”). You agree to keep your Account information and password confidential. You agree to notify EFE immediately of any actual or suspected unauthorized use of Your Account. You are solely responsible for all activities that occur through Your Account. EFE will not be responsible for any loss to You caused by your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, You may be assigned or permitted to create a user ID for use in identifying Your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that EFE, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. EFE may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to EFE, such termination effective 10 business days following acknowledgment of receipt of such notice by EFE. EFE may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease; if You are a Registered User, your Account will be closed, and You must promptly discontinue all access to any part of the Site and the use of any Content downloaded or otherwise obtained from the Site. Sections 3, 4, 5, 6, 9, 10, 13 and 14 of this Agreement will survive termination or expiration of this Agreement for any reason.
CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on or offered through the Site (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”). Unless otherwise noted on the Site, as between You and EFE, its partners and licensors, all Site Content is owned by EFE. Unless otherwise specifically stated in connection with particular Site Content, or in an additional agreement between EFE and You, the following terms and conditions apply to your use of Site Content.
Your access to and use of any Site Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with EFE relating to that Site Content (each such license or other agreement, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of EFE. If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to EFE by clicking here or by emailing EFE at email@example.com.
MARKS. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the “Marks”) are the property of EFE. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of EFE.
POSTINGS AND USER CONTENT. The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services. You hereby represent and warrant to EFE that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant EFE the rights discussed in this Section 6. You will indemnify, defend, and hold harmless EFE from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in Section 6. By providing or uploading any Provided Content to the Site, You grant EFE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind now known or hereafter developed. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant EFE the right to use Your name in connection with the reproduction or distribution of such material.
CLAIMS OF INFRINGEMENT. Just as EFE requires users of the Site to respect the copyrights and other intellectual property rights of EFE and third parties, EFE respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
European Food Express, LLC
Attn: Copyright Infringement Agent
2405 Estes Ave
Elk Grove Village, IL 60007
Please provide the following information to EFE’s Copyright Infringement Agent:
(1) the identity of the infringed work, and of the allegedly infringing work;
(2) Your name, address, daytime phone number, and E-mail address, if available;
(3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of EFE that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with the Site or Content; (3) all information You provide to EFE in connection with this Agreement and Your access to the Site and use of the Site or Content is correct and current.
DISCLAIMER AND LIMITATION OF LIABILITY.
9.1 Disclaimer. THE SITE IS PROVIDED BY EFE “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. EFE WILL NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION OR MATERIALS DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR SUCH INFORMATION OR MATERIALS. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, EFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND EFE’S CONTROL MAY OCCUR FROM TIME TO TIME.9.2 Limitation. IN NO EVENT WILL EFE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO THE SITE OR USE OF ANY INFORMATION OR MATERIALS DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE, EVEN IF EFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EFE’s total aggregate liability for any damages arising out of or related to this Agreement or the Site will not exceed $50.
INDEMNIFICATION. You will indemnify, defend, and hold harmless EFE, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Site or Your breach of any term of this Agreement. EFE will provide You with notice of any such claim or allegation, and EFE will have the right to participate in the defense of any such claim at its expense.
LINKED SITES. The Site may contain links to third-party sites that are not under the control of EFE, and EFE is not responsible for any content on any third-party site. If you access a third-party site from the Site, then you do so at your own risk. EFE provides links only as a convenience, and the inclusion of the link does not imply that EFE endorses or accepts any responsibility for the content on those third-party sites. EFE welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of You or Your site by EFE or any group or individual affiliated with EFE. You may not use any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent from EFE.
NOTICES. Except as expressly stated otherwise, any notices to EFE required or allowed under this Agreement will be given to EFE by postal mail to the address for EFE listed on the Site. If applicable law requires that EFE accepts E-mail notices (but not otherwise), then You may send EFE an E-mail notice by clicking here or by emailing EFE at firstname.lastname@example.org. With respect to EFE’s notices to You, EFE may provide notice of amendments by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, EFE may give notice by sending E-mail to the E-mail address You provide during registration for the Site, or by courier or postal mail if Your address is known to EFE. Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless (as to E-mail) the sending party is notified that the E-mail address is invalid, or 3 business days after sending in the event of use of courier or postal mail.
14.1 Third-Party Beneficiaries. EFE’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
14.2 Nonassignment. You may not assign or transfer any of Your rights hereunder, and any attempt to do so will be null and void.
14.3 Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
14.5 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Illinois, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Illinois. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
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