Last Revised: (7/31/2020)
YOUR ACCESS AND/OR USE OF A WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A WEBSITE. Flackers may, in its sole discretion, change the Terms at any time. Flackers will inform you of any material changes by posting notice on the Website.Your continued use of the Website after the change shall be considered your acknowledgement and acceptance of the changes, and the most-recent version of the Terms controls your use of the Website. If you do not agree to any modification of the Terms, you should stop using the Website. If you are a registered user, you may cancel your account by contacting us at firstname.lastname@example.org and you will not be bound by the new terms. Otherwise, the new terms will take effect thirty (30) days after our posting of the change. Our personnel do not have the right to modify these Terms verbally.
THESE TERMS CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST FLACKERS MORE THAN ONE (1) YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. SEE SECTION 21 OF THESE TERMS, BELOW, FOR DETAILS ON THESE PROVISIONS.
- Use of the Website. The Website (and future Websites) is a general purpose Website and is not targeted towards children under the age of 13. You must be 13 years or older to access or use the Website. If you are under 13, then you may not use or access the Website under any circumstances. If you are 13 or older and younger than 18, then you may access and use the Website only if you have your parents’ or guardians’ prior permission. By accessing or using the Website, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access or use the Website, then you agree to accept full responsibility for that child’s use of and access to the Website under these Terms.
- License. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferrable, limited right to access and use the Websites solely for your personal, non-commercial use. We may revoke your access and use of a Website at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Websites will be available to you for your access or use.
- Additional Terms. We may post separate legal notices, rules or other terms on particular pages of a Website (the “Additional Terms”) that will govern your use thereof and supersede portions of these Terms, including any promotions or other similar features and the terms of any affiliate Website or event Website. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Website.
- Restrictions on Use of the Website. You agree that you will access and use the Websites only in a lawful manner and only in accordance with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree that you will not:
- Create or maintain any link from another website to any page on a Website without Flackers’s prior written permission;
- Run or display a Website (or any material on a Website) in frames or through similar means on another site, application or location, without Flackers’s prior written permission;
- Modify the information or materials located on a Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
- Collect any data or information regarding users and/or devices, including user names, personal information, preferences, email addresses or accounts for the purpose of sending unsolicited communications;
- Use any device, software, method or routine to interfere or attempt to interfere with or otherwise hinder the proper function of a Website or bypass or circumvent any electronic protection measures on a Website;
- Transmit or upload to a Website any item containing any malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Website or adversely affect a user; or
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of a Website;
- Submit or post to a Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity.
- Account. You may be required to create an account to access or use certain areas of a Website or you may choose to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right to terminate your account or registration at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of 18, you may not have an account and you may use the Websites only with the permission and help of a parent or guardian. We may also terminate or modify your account in order to protect your account or Flackers’s systems if we believe that your account information may be compromised as a result of your personal device being infected with a virus or other malicious code, or due to other theft of your device or account information. This may include proactively changing your password. Should this need arise, we will make reasonable efforts to inform you of any modifications made, via the email address listed for your account. You or Flackers may suspend or terminate your account or Flackers may suspend or terminate your use/access of a Website at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination.
- Product and Service Purchases; Return Policy.
- You may be offered the opportunity to purchase products or services. In addition to these Terms, any purchase may be subject to any terms and conditions displayed in connection with such purchase.
- All information that you provide in connection with a purchase or other transaction through the Website will be accurate, complete and current. You authorize Flackers (or an authorized third party service provider) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction you make on the Website and will pay all charges incurred in connection with any such transaction.
- Unless otherwise indicated, purchases made through a Website cannot be exchanged and are non-refundable. However, with regard to the purchases of Flackers-branded products, you may receive a full or partial refund (based on the same form of payment used at the time of purchase), replacement, or discount code for use on our Website only up to thirty (30) days after purchase for defective product if you have an original sales receipt or packing slip. We may require photos and Best By dates for our records before we process any full or partial refunds, replacement orders, or online coupon codes.
- Order Confirmation and Cancellation. We may confirm online orders via email, however, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order, in whole or in part, or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. For products purchased from our Websites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped.
- Shipping Charges and Limitations. When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Website. Risk of loss and title for products purchased from a Website pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs. Shipping may cost anywhere from $5-$6.50 depending on order value. Shipping cost is subject to change at any time. Free shipping is automatically applied when a customer's order is over $50 after any promo code or discount has been applied. Shipping charges or taxes do not count towards the $50 subtotal for free shipping. Most orders will arrive in 3-7 business days. However, Covid-19 may impact some shipping times due to safety measures.
- Intellectual Property. All content, text, images, graphics, information, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Website (excluding User Content (as defined below)) and the look and feel of the Website (collectively, “Flackers IP”), are either the property of, or used with permission by, Flackers or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the Flackers IP on the Websites is the exclusive property of Flackers and is protected by applicable copyright laws. We expressly reserve all intellectual property rights in all Flackers IP. Nothing contained on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Flackers IP without the express written permission of Flackers or such third party owner. 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 Flackers IP without the prior written permission of Flackers.
- Website Content. All features, content, availability, specifications, products and prices of products and services described on the Websites may change at any time without notice. Sizing/weight charts and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Websites is complete, accurate and up-to-date. Despite our efforts, the information on the Websites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Websites. For example, products or services included on a Website may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Website. In the event of a pricing error or discrepancy on a Website with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.
- Content Posted by You.
- As a user of a Website, you may have the opportunity provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials (collectively, “User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, as between you and us, you own any User Content posted by you. User Content is and will be considered non-confidential and non-proprietary.
- You are solely responsible for any User Content you post, publish or display on a Website or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Website any User Content that is false, inaccurate, misleading, fraudulent, unlawful, defamatory, obscene, offensive, profane, or violates the rights of a third party. We may, but are not obligated to, monitor or review any User Content. Flackers assumes no responsibility for any User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms and reserve the right to terminate your access to the Websites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of users and/or devices using or accessing the Websites. Unless prohibited by law, we are not responsible for claims resulting from our cooperation with law enforcement or court orders.
- You represent and warrant to Flackers that you own all right, title, and interest in and to any User Content that you provide or upload to the Website, or that you have sufficient rights, whether by implication, estoppel, or otherwise, to grant Flackers the rights discussed in these Terms. By providing or uploading any User Content to the Website, unless otherwise stated in a separate agreement entered into and signed by you and us in connection with your upload of any User Content, you grant Flackers and our service providers 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 User Content throughout the world in any form, media, software, or technology of any kind now known or hereafter devised. In addition, you waive all moral rights in the User Content or warrant that all moral rights applicable to such content have been waived. With your consent, you grant Flackers the right to use your name and/or likeness in connection with the reproduction or distribution of such material.
- You understand and acknowledge that Flackers may be working on the same or similar idea as any ideas, expression of ideas or other materials you submit within your User Content. Flackers shall be free to use for any purpose any such ideas submitted to the Website or posted as User Content.
- User Content Posted by Others. Third parties may post information on our Websites. You acknowledge and agree that we have limited control over the User Content posted to the Websites, or any links to other Websites, including the content of any messages or posts and manner of posting, and that we do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content and you understand that, by using a Website, you may be exposed to User Content that is offensive, indecent or objectionable.
- Third Party Links. A Website may contain links to or functionality interacting with third party Websites that are not owned, operated or controlled by Flackers. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Flackers. If you use these links, you will leave the Website and we are not responsible for any content, materials or other information located on or accessible from any other site. We also do not guarantee that links or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN CONNECTION WITH ANY APPLICABLE WRITTEN WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, YOU EXPRESSLY AGREE THAT THE WEBSITES, INFORMATION, MATERIALS, AND PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOUR USE OF A WEBSITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, FLACKERS, AND ITS AFFILIATES, SERVICES PROVIDERS, AND SUPPLIERS disclaim all Warranties, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITES, INFORMATION, MATERIALS, AND PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITES. FLACKERS MAKES NO WARRANTY THAT ANY WEBSITE’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL FLACKERS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, SUPPLIERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF PROFIT, LOSS OF BUSINESS, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE WEBSITES, INFORMATION, MATERIALS, AND/OR PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITES, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE OR NONPERFORMANCE OF THESE TERMS, THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, A WEBSITE, ANY WEBSITE LINKED THERETO, THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH WEBSITES, OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, WHETHER THE BASIS OF LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES OR OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM ANY PROPERTY DAMAGE, BODILY OR PERSONAL INJURIES, OR DEATH. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FLACKERS’S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED $100 WITH REGARD TO ANY CLAIM FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, INFORMATION, MATERIALS, AND/OR PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITES, INCLUDING WITHOUT LIMITATION, YOUR ACCESS TO OR USE OF THE WEBSITES, OR PURCHASE OF ANY PRODUCTS OR OTHER SERVICES THROUGH A WEBSITE. Flackers does not assume any responsibility, and TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from OR IN CONNECTION WITH your access to, use of, or browsing of a Website, linking to a third party site, or your downloading of any materials or information from a Website and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES, OR ANY MATERIAL OR CONTENT ON THE WEBSITES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITES. THIS LIMITATION OF RELIEF IS A MATERIAL PART OF THE BARGAIN BETWEEN YOU AND Flackers. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A WEBSITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE APPLICABLE WEBSITE OR ACCOMPANYING YOUR PURCHASE.
- Indemnity. You will defend, indemnify and hold Flackers and its respective affiliates, licensors, directors, officers, members, managers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys’ fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach (or alleged breach) of these Terms.
- Copyrights. If you believe any User Content or any other aspect of a Website infringes your copyright, you should send written notice of the alleged copyright infringement to the following address:
Dr. In The Kitchen, LLC DBA Flackers
P.O. Box 24868
Minneapolis, MN 55424
Attention: Donn Kelly
or by email at email@example.com
- Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Website;
- Your name, address, daytime telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
- Counter-Notice. If you believe that your User Content was removed or disabled but is not infringing; or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content; you may send a counter-notice to us (at the physical or email address identified in Section 18 of these Terms, above) containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal and state courts in Hennepin County, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Flackers may send a copy of the counter-notice to the original complaining party informing that person that Flackers may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Flackers’s sole discretion.
- Choice of Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota (except that any conflict of law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded), including, without limitation, in connection with the arbitration of any dispute or claim arising out of or relating to these Terms pursuant to Section 20 of these Terms, below. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. Subject to Section 20 of these Terms, below, you also expressly consent and agree to submit to the exclusive jurisdiction and venue in the federal and state courts in Hennepin County, Minnesota. Flackers and you hereby irrevocably waive any objection, including any objection to personal jurisdiction, the laying of venue or based on the grounds of forum non conveniens, which either of Flackers or you may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended. The Websites are not intended to subject Flackers to the laws or jurisdiction of any state, country or territory other than that of the United States, and we do not represent or warrant that the Websites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and/or sale of any product or service purchased via a Website.
- Arbitration. The parties agree to arbitrate disputes and claims arising out of or relating to these Terms or any other subject matter under these Terms.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and the arbitration shall be administered by the AAA; provided, however, that the arbitrator(s) shall be knowledgeable in industry standards and practices and the matters giving rise to the dispute, that the power of the arbitrator(s) shall be limited to interpreting these Terms as written and that the arbitrator(s) shall state in writing the reasons for the award and the legal and factual conclusions underlying the award. The place of arbitration shall be Denver County, Colorado. The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879. THESE TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
YOU AGREE THAT, BY ENTERING INTO THESE TERMS, BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. BOTH PARTIES AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUCH PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. If this specific paragraph is found to be unenforceable, then the entirety of the arbitration provisions set forth in these Terms shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award. Any such appeal must be filed within thirty (30) days and the appeal will be decided, based on that institution’s appeal rules, within one hundred twenty (120) days of filing. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator(s), via a telephonic hearing, or by an in-person hearing as established by AAA Rules. The parties agree that the arbitrator(s) must give effect to the provisions of these Terms.
You may opt out of the arbitration provisions set forth in these Terms. If you do so, neither you nor Flackers may require the other to participate in an arbitration proceeding. To opt out, you must notify Flackers in writing at the address set forth below within thirty (30) days of the date that you first became subject to this arbitration provision.
Dr. In The Kitchen, LLC DBA Flackers
P.O. Box 24868
Attn: Arbitration Opt-out
Your written notice must include your name and address, as well as a clear statement that you wish to opt out of the arbitration provisions set forth in these Terms.
If the prohibition against class action and other claims brought on behalf of third parties contained in this Section is found to be unenforceable, then all of this Section will be null and void. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THE ARBITRATION PROVISIONS SET FORTH IN THESE TERMS ARE DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these Terms, and rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
Claims Limitation. YOU HAVE ONE (1) YEAR TO BRING A CLAIM AGAINST Flackers, UNLESS YOU OPT OUT. You must bring any claim against Flackers within one (1) year after the date on which the claim arose, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you waive, to the fullest extent permitted by law, all rights you have to such claim and Flackers will have no liability with respect to such claim. You may opt out of this limitation, in which case the normal statute of limitations will apply. To opt out, you must notify Flackers in writing at the address below within thirty (30) days of the date that you first became subject to this provision.
Dr. In The Kitchen, LLC DBA Flackers
P.O. Box 24868
Minneapolis, MN 55424
Attn: Claims Limitation Opt-out
Your written notice must include your name and address, as well as a clear statement that you do not wish this Section to apply. This Section shall survive the termination of these Terms.
- Notwithstanding the mandatory arbitration provisions of these Terms, each of Flackers and you reserve the right to seek and obtain injunctive or other equitable relief necessary to enforce their legal rights, including, without limitation, non-monetary claims associated with these Terms. Flackers and you stipulate and agree that the proper forum for such injunctive or other equitable relief shall be as set forth in Section 20 of these Terms, above, which shall have exclusive jurisdiction over such claims.
- Force Majeure. Flackers shall not be liable for any failure of performance or equipment of any kind (including the Website) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes, any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Flackers, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; or strikes, lock-outs, work stoppages, or other labor difficulties.
- Third-Party Beneficiaries. Flackers’s affiliates are intended third-party beneficiaries under these Terms with the right to enforce the provisions that directly concern products or services offered or provided by such affiliate or to which they have rights.
- Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us in the following manner:
Dr. In The Kitchen, LLC DBA Flackers
P.O. Box 24868
Minneapolis, MN 55424