End User License Agreement
Last Updated: October 7, 2020
Effective Date: October 7, 2020
Please read this agreement carefully. It is an end-user license agreement (“Agreement”) between you (“you”), an individual, company, or any other entity, and Field to Freezer LLC (“F2F”), a Wisconsin limited liability company, for the use of this Application (defined below).
To the fullest extent permitted by law, this Agreement contains a class action waiver provision in Section 9 and an arbitration provision in Section 10.
You may not use this Application if you are under sixteen (16) years of age.
By opening, downloading, installing copying or otherwise using the Application, you agree to be bound by this Agreement. If you do not agree, do not use the application.
For the purposes of this Agreement, “Application” means all software, content, services, and all other items that F2F makes available to you through and in connection with your use of this program (the Field to Freezer® App).
Subject to the terms of this Agreement, F2F grants to you a nonexclusive, nontransferable, revocable license to use the Application as permitted by this Agreement solely for your personal and noncommercial use. The Application cannot be used for any other purpose.
OPEN SOURCE DISCLOSURE
We use the following open-source components in our Application:
- Mail Kit (http://www.mimekit.net/ )
- NLog ( https://nlog-project.org/ )
- Pomelo ( https://github.com/PomeloFoundation/Pomelo.EntityFrameworkCore.MySql )
- QR Code Reader ( https://github.com/codebude/QRCoder/ )
- Twillio ( https://github.com/twilio/twilio-csharp )
LIMITATIONS ON USE
- The Application cannot be used for any purpose other than that which is noted in this Agreement. Specifically, you are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Application without F2F’s prior written consent or unless otherwise expressly permitted by applicable law.
- You also agree to not interfere or disrupt the service or servers or networks connected to the service, including transmission of any code of a destructive or malicious nature to F2F’s website, applications, users, or other properties. You may not inject content or code or otherwise alter or interfere with the way that F2F’s page is displayed on a user’s browser or device.
- You also agree to not intentionally overburden or misuse the Application.
OWNERSHIP AND INTELLECTUAL PROPERTY
- All title, ownership rights and intellectual property rights in and to the Application (including, without limitation, all text, graphics, music or sounds, all messages or items of information, effects, diagrams, concepts, videos, audio-visual effects, domain names, and any other elements which are part of the Application, individually or in combination) and any and all copies thereof are owned by F2F or its licensors. The Application is protected by national and international laws, copyright treaties and conventions and other laws. The Application may contain certain licensed materials and, in that event, F2F’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without F2F’s prior permission and, if applicable, the prior permission of F2F’s licensors and representatives. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by F2F.
- This license confers no title or ownership in the Application and should not be construed as a sale of any rights of the Application.
TERMINATION AND ONGOING EFFECTIVENESS
- This Agreement is effective from the first date you install the Application. You may terminate this Agreement at any time by permanently deleting and destroying the Application and all backup copies and related materials. F2F or its licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Application and delete the Application and associated materials already copied and/or installed on your device or computer immediately.
- Sections 8, 9, 10, 11 and 13 shall remain effective after the termination of this Agreement.
DISCLAIMER OF WARRANTIES
- You acknowledge that the Application is provided on an “as-is” basis without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither F2F, its licensors or affiliates nor the copyright holders make any representations or warranties, express or implied, including by not limited to the warranties of merchantability, satisfactory qualify, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. There is no warranty by F2F or any other party that the functions contained in the Application will meet your requirements or that the operation of the Application will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Application to achieve your intended results and for the installation, use and results obtained from it.
- Information is deemed reliable but not guaranteed accurate, and provided on an as-is basis, without warranty, express or implied. It is the site user’s responsibility to verify that any business listed on Application is open for business and address information of such business is accurate before driving to a business and/or utilizing their products and services. F2F has not vetted businesses and makes no representations in respect to their service levels or products. If you see an error with our information or are a business who wishes to be removed from our database, contact us at email@example.com.
- F2F agrees to take reasonable precautions in maintenance and patching of the Application, but, does not guarantee that its services are virus or malware free.
- The Application may contain links to external third parties to enhance your browsing experience and the services offered by affiliated partners. F2F cannot guarantee the accuracy of information found on any linked site.
LIMITATION OF LIABILITY
- Under no circumstances and under no legal theory, tort, contract, or otherwise, shall F2F be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, even if F2F shall have been informed of the possibility of such damages, or for any claim by any other party.
- Without limiting the foregoing, in no event will F2F be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.
- In any event, F2F’s entire liability to you under any provision of this agreement or arising from the access or use of the site by you or any other user will be limited to the amount actually paid by you to F2F pursuant to this agreement during the 12 months preceding the event giving rise to such liability, or $50.00, whichever is less.
- This Agreement is made under, and shall be governed by and construed in accordance with, the laws of the State of Wisconsin.
- You hereby irrevocably and unconditionally submit to the jurisdiction of any state court sitting in Waukesha County, Wisconsin, and the Federal District Court sitting in the City of Milwaukee, Wisconsin, over any suit, action, or proceeding arising out of or relating to this Agreement. Each party hereby irrevocably and unconditionally waives any objection to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
CLASS ACTION WAIVER
Where permitted under the applicable law, you and F2F agree that each may bring claims only in your/our individual capacity and not as a plaintiff or class member in any purported class or representative action.
Any controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including any questions relating to the arbitrability of such controversies or claims, may at the request of either party be resolved by binding arbitration in the State of Wisconsin, in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the preceding sentence, upon the occurrence of any controversy or claim for which a party is seeking equitable relief, such party may seek such equitable relief in any court of law with proper jurisdiction and venue. The conduct of such arbitration shall be subject to the arbitration law of the State of Wisconsin. The fees of the arbitrator(s) shall be borne equally by the parties, unless otherwise determined by the arbitrator(s).
If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, then this Agreement shall be interpreted as if such invalid or unenforceable provision were not contained herein.
Any notice or communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given when hand delivered (including by recognized overnight courier such as Federal Express), sent by confirmed facsimile, or mailed certified or registered mail, return receipt requested, postage prepaid, to the address of the party as set forth below, or at such other address as a party may designate by notice given in accordance with this Section:
Field to Freezer LLC
ATTN: Matt McCoy, President
515 W. North Shore Drive
Hartland, WI 53029
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