Legal

Effective: November 10, 2022

1. Introduction and scope

This Privacy Policy describes how Foodtronix LLC and its subsidiaries and affiliates (collectively “Foodtronix”, “we”, “us” and/or “our”) collects and manages your personal information (i.e., any information that relates to an identified or identifiable individual) as part of providing our Services (defined below). This Statement primarily covers:

• Customers: businesses that have expressed interest in using the Services or have contracted with Foodtronix to provide the Services within their restaurants (where this term is used in this Statement in the context of the processing of the personal information of a Customer, it refers to a Customer that is an individual);
• Customer Employees: employees of our Customers that use the Services; and
• Guests: individuals that use the Services at one of our Customer’s restaurants, through a business partner or directly through Foodtronix.

In addition to the groups above, this Statement also covers individuals that visit our websites (referred to generally as our “Websites”) and our third-party business partners.

By using the Services and/or providing us with your personal information, you acknowledge that your personal information will be processed and used in the manner set out in this Privacy Policy. We may amend this Statement from time to time in line with the “Updates to this Privacy Policy” section below.

2. Definitions

Here are a few other terms we use throughout this Privacy Policy that you should know:

• “Services” refers to services and products (including both hardware and software) developed or administered by us from time-to-time, including:
• our core point-of-sale (POS) system;
• payment processing services;

(collectively referred to as the “Services”). Please note that certain Services may be facilitated through our Websites or through our third-party business partners. Services may also include other services or products as may be added from time to time.

• “You” and/or “your” is a Customer, a Customer Employee, a Guest, a visitor to one of our Websites or other covered data subject.

3. Personal information we collect

While some information is collected automatically or through sources outside of Foodtronix, most is collected when you use our Services or our Websites, including the following information described below:

1. Customers

• Customer name;
• address;
• email;
• date of birth; and
• phone number.

As part of our application process and agreement to provide the Services, we will also collect additional information, such as your tax identification number, national identification number (e.g. Social Security number or passport number) if applicable, your drivers’ license details as well as your banking and payment card information.

1. Customer Employees 

• your name;
• email;
• phone number;
• employee identification number;
• address;
• date of birth; and
• information relating to your role, such as your job title, wage rates and salary and hours worked.

1. Guests

We collect information from you through your use of the Services (as provided and developed by us from time to time), which may include the creation of an account, your use of our online ordering features and mobile application(s) and other related products, such as our pickup, delivery and on-premise ordering and payment services, and waitlist and reservation features. We may also collect and/or receive your personal information when you place an order with, make a purchase from (including gift cards), or otherwise complete a transaction with our Customers or participate in their respective loyalty programs.

Depending on which Service(s) you have used, personal information collected may include:

• your name;
• contact details such as your phone number and email;
• your address and other general location details;
• your payment card information, such as the brand, card number, security code and expiration date;
• transaction information and details (e.g., history of goods/services ordered, date, payment method and amount of payment);
• your date of birth (if you choose to provide it);
• information about your vehicle (for users of our curbside pickup service);
• account and profile information such as your username and password;
• waitlist or reservation details, including dining preferences, special requests and dietary restrictions; and
• your feedback in relation to your experience at our Customers’ establishments (if you choose to provide it).

In all cases, the actual personal information collected will vary depending on the Services being used. Depending on the Services being used, personal information may also be linked to your use of the services across Foodtronix. 

Personal information collected through our Websites

In addition to using the Services, we may also collect personal information when you visit our Websites and request information about our Services, download a white paper, schedule a product demo or subscribe to our media channels (e.g., blogs, podcasts, etc.). This personal information may include:

• your name;
• email; and
• phone number.

Certain information may also be collected automatically when you visit our Websites. For more information, please see the section of this Statement entitled “Information collected automatically.”

Please note that additional information beyond what is described here will be collected (described in the Customer section above) as part of our online Customer application process or through our e-commerce Website.

Personal information collected from other sources 

Depending on whether you are a Customer, a Customer Employee, a Guest or a visitor to one of our Websites, we may also collect personal information about you from third parties including our business partners, data providers, identity verification services, credit bureaus (if applicable), banks and other financial institutions and credit card companies. We may also collect information from you that is publicly available. For example, if you interact with us or share your information through various social media channels.

Information collected automatically

We collect information automatically when you visit our Websites, use our mobile application(s), complete a transaction, or use our online services such as online ordering. For transactions, this may include personal information such as your name when a payment card is used. Information collected automatically by cookies, web beacons or other similar technologies (described in the “Cookies and other tracking technologies” section of this Statement) may include:

• information about your device, such as your device type/model, number and device ID (e.g., MAC address);
• information about your browser, settings (e.g., language) and operating system;
• your internet protocol (IP) address (including, in some instances, your perceived location);
• unique advertising identifiers;
• transactional and purchase information; and
• browsing and usage activity, such as the referring domain, what websites/content you have viewed or actions you have taken on a particular website.

Depending on the Services being used or the Websites you access, we may also collect geolocation information through your devices. For example, we may show you what restaurants in your area are available within our mobile application(s). This information may be collected via GPS, Bluetooth, cellular or WiFi technologies. You can adjust your settings at the device or browser level to disable the use of these technologies.

4. How we use personal information

We use personal information to: 

Provide, maintain and support our Services, manage our business and for internal operational purposes, Personalize your experience, Advertise and market to you, communicate with you and for legal and compliance purposes. Specifically, we do the following:

We are collecting info to use internally for marketing as well as maintaining user profiles.  If the use if by a multi-tenant Customer, the information collected may be on multiple guests of Customers, even if not purposefully identified by the Customer.

Any communications sent to you pursuant to this section shall either be permitted under the applicable law or with your consent. Please see the “Your rights and choices” section of this Statement for more details on opting out of these communications and updating your preferences.

5. How we share information

Foodtronix may share personal information as part of providing the Services and for the purposes described within this Statement. This includes:

• with our Customers and our Customers’ Employees for the purposes of providing the Services to you, fulfilling your requests and for the other purposes described in this Statement. As part of providing the Services (for example, when you complete a transaction at a Customer’s restaurant or through our digital ordering services, join a waitlist or complete a reservation), Foodtronix will share your order information or details about your reservation with the Customer. This may include personal details such as your name, contact information as well as information about your dining experience, including reservation details, dining preferences and special requests.  In certain cases, where a Customer is part of a larger management group, this may include sharing that information with other restaurants within that group as part of your future dining experiences;
• with our third-party business partners (including our integration partners) in order to provide, maintain and improve and expand our Services;
• with our parent, subsidiary, or affiliate companies, agents (if any) for the purposes outlined above;
• with third parties to provide, maintain and improve our Services, including service providers who access information about you to perform services on our behalf or on behalf of our Customers, such as hosting and information technology services, payment services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services and customer support services. 
• in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of our business; or
• if we believe it is authorized or necessary to:
• protect our rights or property, or the security or integrity of our Services or our Websites;
• enforce the terms of our terms of service or other applicable agreements or policies;
• protect us, users of our Services or the public from harm or potentially prohibited or illegal activities;
• investigate, detect and prevent fraud and security breaches; or
• comply with any applicable law, regulation, legal process or governmental request (including, for example, a court order, subpoena, or search warrant).

We may also share aggregated and/or anonymized information derived from the Services that does not directly identify you, including device information and information derived from cookies and log files with third parties for the purposes described in this Statement.

6. Retention of personal information

We retain personal information as long as reasonably necessary to provide the Services, carry out the purposes described in this Statement or as otherwise required in order to comply with our records retention periods (which reflect the applicable law). For example, we may retain information about users of our Services in order to comply with our legal and regulatory obligations or to protect our interests as part of providing the Services.

7. Cookies and other tracking technologies 

Foodtronix and third parties described in this Statement may use cookies, web beacons and other tracking technologies as part of providing the Services and for the purposes described in this Statement. 

A “cookie” is a small text file placed and saved in your browser when you access our Websites and potentially the websites of our Customers, business partners and other third parties. We use both session cookies (i.e., cookies that are stored only for a specific website visit) and persistent cookies (i.e., cookies that are stored beyond a specific website visit) to provide the Services and for the purposes described in this Statement. These cookies may be set by us or set by third parties that collect information on our behalf (third-party cookies), such as Google Analytics.

There are other tracking technologies, such as web beacons/GIFs, pixels, page tags, embedded scripts, that consist of small transparent image files or other web programming code that record how you interact with websites, mobile applications and services.  They are often used in conjunction with web browser cookies or other identifiers associated with your device.

As part of using the Services, we use these technologies as well as similar technologies within our Services and across our Websites. Examples include:

• to provide our Services (e.g., authentication within the check-out process);
• to uniquely identify you and/or your device;
• to store your preferences as part of providing the Services;
• for personalization and targeted advertising purposes (including across your devices and applications);
• for security and fraud-prevention purposes;
• to analyze and monitor the performance of our Services;
• to improve and develop new Services; and
• to understand your use of the Services over time.

There are ways to control and/or reject the setting of cookies and similar technologies within your browser settings. As each browser is different, please consult the “help” menu within your browser. For additional information about cookies and how to control their use on various browsers and devices, you can visit http://www.allaboutcookies.org. Restricting cookies may prevent you from accessing and using the Services.

Do not track 

We may use, and we may allow third-party service providers and other third parties to use, cookies or other technologies on our Services that collect information about your browsing activities over time and across different websites following your use of the Services. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We currently do not respond to DNT signals. We may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.

8. Your rights and choices

Managing your information

We want to ensure that you have the necessary tools at your disposal to manage your personal information. We rely on you to ensure that your information is accurate, complete and up to date and ask that you notify us of any changes to your personal information. Your ability to update and manage your personal information will differ depending on your relationship with Foodtronix and what Services you use. 

To dispose of any information, you must contact privacy@foodtronix.com.

Please note that depending on your status, location and applicable law, you may be entitled to additional information rights in relation to the processing of your personal information. For more information regarding these rights, and the locations/circumstances where these rights are available, please see the applicable addendums in this Statement.

9. Managing communications

We may send marketing communications to you in a variety of ways, including emails, texts, regular mail, phone calls, and faxes. If you do not wish to receive one or more of these types of communications from, you may so instruct us by emailing us at helpdesk@foodtronix.com, calling 817-251-9726, or by following directions that may be provided in the communication.

Please be aware that if you opt out of receiving email from us or otherwise modify the nature or frequency of marketing communications you receive from us, it may take up to 30 business days for us to process your request. In addition, even after you opt out from receiving commercial messages, you will continue to receive administrative messages from us.

10. Security

While we implement appropriate physical security, technical security, and administrative measures to protect you and your personal information, complete protection of personal information can never be guaranteed.

11. Children

Our Services are not targeted or directed at children under the age of 13, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. 

12. How to contact us

If you have questions or concerns about our Privacy Policy, our practices or our compliance with applicable privacy laws, you can reach us at:

Privacy@Foodtronix.com
PO BOX 3063 GRAPEVINE, TX 76099-3063
Privacy Officer: CJ Winslow
817-898-1443 direct 

13. Changes to this Privacy Policy

From time to time, we may update, change, modify, or amend this Privacy Policy in order to comply with the applicable law or our changing business practices. Unless we are required by the applicable law to provide a prescribed form of notice and/or obtain consent, updated versions of this Statement will be posted on this website. 

14. California

Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. As explained elsewhere in this policy, we will not sell or transfer your personal information to third parties for their direct marketing purposes without your consent.

Effective: November 10, 2022

THIS END USER LICENSE AGREEMENT (THESE “TERMS OF SERVICE” OR THE “END USER LICENSE AGREEMENT” OR “EULA”) FORMS A BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR”) AND FOODTRONIX, LLC (“FoodTronix,” “WE,” “US,” “OUR”) PLEASE READ THESE TERMS OF SERVICE CAREFULLY, BECAUSE BY DOWNLOADING, ACCESSING OR USING ANY FOODTRONIX APP, PRODUCTS AND/OR SERVICES (COLLECTIVELY, THE “SERVICES”) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND FOODTRONIX’S PRIVACY STATEMENT(available at https://www.foodtronix.com/privacy) (“PRIVACY STATEMENT”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR FOODTRONIX’S PRIVACY POLICY YOU MAY NOT DOWNLOAD, ACCESS OR USE THE SERVICES.

FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION, AND WILL POST THE UPDATED TERMS TO  https://www.foodtronix.com/end-user-license-agreement. WE MAY PROVIDE NOTICE TO YOU OF THE UPDATED TERMS OF SERVICE BY EMAIL, AND/OR AN ON-SCREEN NOTIFICATION THROUGH THE SERVICES. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES.

1. Use of Services

1.1 You may only access and use the Services if you are an authorized owner or employee of a FoodTronix customer (“Merchant”) that has paid for a software subscription for FoodTronix Services pursuant to a Merchant Agreement entered into between FoodTronix and Merchant. FoodTronix grants you a limited, revocable, non-exclusive, non-transferable license to access and use the applicable Services during the course of your employment with Merchant, solely and exclusively for Merchant’s internal business purposes.

1.2 You agree to use the Services only for the management and operation of Merchant’s business pursuant to the terms and conditions of the Merchant Agreement and not directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (c) use or access the Services to build or support, and/or assist a third party in building or supporting, products or services competitive with the Services; (d) remove or obscure any proprietary notices or labels from the Services; (e) use the Services for any fraudulent undertaking or in any manner that could damage, disable, overburden, impair or otherwise interfere with FoodTronix’s provisioning of the Services; (f) violate or breach any operating procedures, requirements or guidelines regarding Merchant’s use of the Services that are posted on or through the FoodTronix Platform or otherwise provided or made available to Merchant; (g) alter, distribute, license, resell, transfer, assign, rent, lease, timeshare or otherwise commercially exploit the Services or its underlying intellectual property to any third- party or affiliate or provide it as a service bureau; (h) conduct any penetration or vulnerability testing on the Services or network; or (i) copy any features, functions, text or graphics of the Services, including without limitation, the structure, sequence or organization of the user interface.

2. Ownership of Content, Use of Trademarks

2.1 FoodTronix owns or has licenses to all rights, title, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof). You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations or other input about the Services (“Feedback”) at any time. You irrevocably assign all right, title, interest and other worldwide intellectual property rights in and to the Feedback to FoodTronix, and acknowledge that we are free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by FoodTronix.

2.2 User Content. You, (or Merchant, if applicable) retain all rights, title and interest in and to any text, graphics, videos, images or other data (including but not limited to personal information) that you upload or that is otherwise made available within the Services (“User Content”). You grant to FoodTronix a non-exclusive, perpetual, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit User Content solely for the purpose of our providing the Services and in accordance with our Privacy Statement. You are solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired, and any transfer of User Content outside of the Services by you, Merchant or any third-party authorized by you. You represent, warrant and covenant that you have all rights necessary to upload the User Content to the Services and to otherwise have such User Content used or shared, as applicable, in relation to the Services.

2.3 Third-Party Content. Through your use of the Services you may be presented with material provided by third-parties, not owned or controlled by us, from our partners, and/or from other users of the Services, including but not limited to software, text, graphics, videos, images, or advertising content (collectively referred to as “Third-Party Content”). All Third-Party Content and the Services are protected by United States, Canadian, and foreign intellectual property laws. Unauthorized use of the Services and/or Third-Party Content may result in violation of copyright, trademark, and other laws. Except as expressly set forth herein, you have no rights in or to the Services or Third-Party Content, and you will not use, copy or display the Services or Third-Party Content except as permitted under these Terms of Service. No other use of the Services or Third-Party Content is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Services and Third-Party Content. You may not sell, transfer, assign, license, sublicense, or modify the Third-Party Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Third-Party Content in any way for any public or commercial purpose other than as permitted hereunder. The use or posting of any of the Third-Party Content on any other platform, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Service, your right to access and/or use the Third-Party Content and Services will automatically terminate.

2.4 We do not review, pre-screen or filter User Content, or Third-Party Content, but we do reserve the right to refuse to accept, or delete any User Content or Third-Party Content in our sole discretion. In addition, we have the right (but not the obligation) in our sole discretion to reject or delete any content that we reasonably consider to be in violation of these Terms of Service or applicable law. We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk of doing so. Under no circumstances will FoodTronix be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, emailed or otherwise transmitted via the Services.

2.5 Each user must: (a) provide true, accurate, current and complete information on the FoodTronix Platform or applicable FoodTronix App registration form (collectively, the ““Registration Data””) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any of your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you other than as expressly provided herein. You are wholly responsible for maintaining the confidentiality and security of your username and password, and you are wholly liable for all activities occurring thereunder. FoodTronix cannot and will not be liable for any loss or damage arising from your failure to comply with this Sub-Section 2.5, including any loss or damage arising from your failure to (a) immediately notify FoodTronix of any unauthorized use of your password or account or any other breach of security, or (b) exit and close your account at the end of each session.

2.6 The trademarks, service marks, and logos of FoodTronix (the “FoodTronix Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of FoodTronix. Other FoodTronix product and service names located in the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the FoodTronix Trademarks, the “Trademarks”). Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services or otherwise without the prior written consent of FoodTronix specific for each such use. The Trademarks may not be used to disparage FoodTronix or the applicable third-party, FoodTronix’s or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Except as described herein, the use of any Trademarks is prohibited without FoodTronix’s prior written consent. All goodwill generated from the use of any FoodTronix Trademark or Third-Party Trademark will inure to FoodTronix’s, or the applicable Third Party, as applicable.

3. Privacy and Security.  

The privacy and security of your personal information is important to us. FoodTronix’s Privacy Statement describes what information we collect about you, how we may use personal information and the security measures we have taken to protect your personal information. We encourage you to read the Privacy Statement carefully as it forms a binding part of these Terms of Service and contains important information about your rights.

4. Limitation of Liability and Disclaimer of Warranties

4.1 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, FOODTRONIX AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND QUALITY. FOODTRONIX AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOODTRONIX AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER FOODTRONIX NOR ITS THIRD- PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. FOODTRONIX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, FOODTRONIX DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FOODTRONIX, THE SERVICES ARE PROVIDED TO MERCHANT ON AN “AS IS” BASIS.

4.2 IN NO EVENT WILL FOODTRONIX BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF FOODTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.

4.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, FOODTRONIX’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

5. Indemnification.  

You agree to defend, indemnify and hold harmless FoodTronix and its directors, officers, employees, affiliates and agents from and against any claims, liability, damages, expenses and costs, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your use of the Services; (b) your breach or alleged breach of these Terms of Service, our Privacy Statement or any other policy issued by FoodTronix; (c) the intellectual property rights of any person; (d) any Applicable Law or Rules including, without limitation, privacy and consumer protection laws; and (e) your access to, use or misuse of the Third-Party Content or Services. FoodTronix will provide notice to you of any such claim, suit, or proceeding. FoodTronix reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting FoodTronix’s defense of such matter.

6. Termination of the Agreement

6.1 FoodTronix reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Services or User Content at any time and for any reason without prior notice or liability. FoodTronix reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

6.2 Sections 1 (Use of the Platform), 4 (Limitation of Liability and Disclaimer of Warranties), 5 (Indemnification), 6 (Termination of Agreement), 7 (Arbitration) and 9 (Miscellaneous) will survive the termination of these Terms of Service.

7. Arbitration

Please read the following arbitration agreement (the “Arbitration Agreement”) carefully. It may require you to arbitrate most disputes with FoodTronix and, if applicable to you, may limit the manner in which you can seek relief from us.

7.1 Agreement to Arbitrate. Except where prohibited by Applicable Law and Rules, you agree that any and all disputes or claims that have arisen or may arise between you and FoodTronix, whether arising out of or relating to these Terms of Service or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to these Terms of Service, you and FoodTronix are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.

7.2 Prohibition of Class and Representative Actions and Non-Individualized Relief. Except where prohibited by Applicable Law and Rules, you and FoodTronix agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and FoodTronix agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

7.3 FoodTronix is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by contacting FoodTronix’s Customer Care team at https://www.foodtronix.com/support. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to FoodTronix should be sent to FoodTronix at PO Box 3063, Grapevine, TX 76099, Attn: General Counsel. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and FoodTronix do not resolve the claim within sixty (60) calendar days after the Notice is received, you or FoodTronix may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FoodTronix or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FoodTronix is entitled.

7.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless you and FoodTronix agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, FoodTronix agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

7.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

7.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7.7 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Sub-Section 7.2 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Sub-Section 7.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Service will continue to apply.

8. Compliance with Laws

8.1 You agree to comply with all federal, state, provincial, local and foreign laws, rules and regulations applicable to you and Merchant’s business in relation to your use of the Services, including any applicable privacy and consumer protection laws, tax laws and regulations, the then-current version of the Payment Card Industry Data Security Standards as made available at https://www.pcisecuritystandards.org and the by-laws, and any and all other rules, policies and procedures of VISA, MasterCard, Discover and/or other card networks as in effect from time to time.

8.2 Canada and the United States control the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any part of the Services to countries or persons prohibited under the export control laws. By accessing, using or downloading the Services, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Services.

9. Miscellaneous  

Any action, claim, or dispute related to these Terms of Service will be governed by the laws of the State of Texas, excluding its conflicts of law provisions, and controlling U.S. federal law. Except as set forth in Section 7, the parties agree that the federal or state courts in Tarrant County shall have exclusive jurisdiction to hear and determine any dispute between them. If the parties mediate or arbitrate under this Agreement, such mediation or arbitration shall take place in Tarrant County, Texas. The Uniform Computer Information Transactions Act will not apply to these Terms of Service. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. Failure of FoodTronix to act on or enforce any provision of these Terms of Service will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against FoodTronix unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by FoodTronix and you, these Terms of Service constitute the entire agreement between you and FoodTronix with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and FoodTronix with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. These Terms of Service will inure to the benefit of our successors and assigns. You may not assign these Terms of Service without our prior written consent. Any information submitted or provided by you to the Services might be publicly accessible. Important and private information should be protected by you.

10. Google-Enabled Software Applications

As part of the Services, FoodTronix may offer mobile applications that are intended to be operated in connection with products made commercially available by third parties that operate using the Android operating system, which is owned by Google Inc. (“Google”, and such software, “Google Software”). With respect to the Google Software, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

10.1 FoodTronix and you acknowledge that these Terms of Service are entered into between FoodTronix and you only, and not with Google, and that, notwithstanding anything to the contrary herein, as between FoodTronix and Google, FoodTronix, not Google, is solely responsible for Google Software and the content thereof.

10.2 You may not use Google Software in any manner that is in violation of or inconsistent with the usage rules set forth for Google Software in, or otherwise be in conflict with, the then-current Google terms of service available at: https://play.google.com/intl/en-us_us/about/play-terms.html (the “App Store Terms of Service”).

10.3 Your license to use Google Software is limited to a non-exclusive, non-transferable license to use Google Software on a supported Android-based device that you own, or otherwise have rights to use, and that meets the applicable system and compatibility requirements, all as set forth by the usage requirements set forth in the App Store Terms of Service.

10.4 Google has no obligation whatsoever to provide any maintenance or support services with respect to Google Software.

10.5 Google is not responsible for any product warranties, whether express or implied by law.

10.6 FoodTronix and you acknowledge that FoodTronix, not Google, is responsible for addressing any claims of you or any third party relating to Google Software or your possession and/or use of that Google Software, including, but not limited to: (i) product liability claims; (ii) any claim that Google Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

10.7 In the event of any third party claim that Google Software or the end-user’s possession and use of that Google Software infringes that third party’s intellectual property rights, as between FoodTronix and Google, FoodTronix, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

10.8 You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including any sanction list or OFAC list.

10.9 If you have any questions, complaints or claims with respect to Google Software, they should be directed to FoodTronix.

10.10 The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html). In addition, your use of Google Play is subject to the Google Play Business and Program Policies. The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.

Internet Services Agreement

This Services Agreement (Agreement) is made and entered into by and between the individual(s) requesting service (Customer) and FoodTronix (FT) for the provision of communications and data services by FT to Customer.

SERVICES – During the term of this Agreement, FT agrees to provide to Customer and Customer agrees to purchase from FT the communications and data services (Services) listed on the attached Application on the terms and conditions contained herein.

TERM – This Agreement shall be for the term specified on the attached Application, or month to month if none listed, commencing on the date when FT notifies Customer that the Services are ready for use by Customer (Service Commencement Date) and shall automatically renew on a month-to-month basis at the prevailing rates listed thereafter unless either party gives the other party at least thirty (30) days notice of its intent to cancel the current term. If Customer terminates this Agreement prior to the end of any Term commitment where discounts were applied, Customer shall be billed the amount of any defaulted discounts previously applied to the terminated Services.

CHARGES – Customer agrees to pay FT monthly throughout the Term and any renewal terms, commencing on the date on the Service Commencement Date and on the first day of each monthly billing period thereafter, the Monthly Recurring Charges (MRC) for each Service as set forth in the Application. The first payment shall be prorated from the Service Commencement Date through the end of the calendar month in which the Service Commencement Date occurs. All Nonrecurring Charges, including, but not limited to installation charges shall be payable with the first payment of Monthly Recurring Charges. Except as otherwise agreed, FT shall submit monthly invoices to Customer and payment of all charges shall be due at the address shown on the invoice no later than 20 days after the date of the invoice (Due Date).

LATE PAYMENTS; BILLING ADJUSTMENTS – Any amounts not paid on or before the Due Date (Delinquent Charges) shall accrue interest at the rate of 1.25% per month or such other late payment rate as FT may set pursuant to its credit policy, whichever is higher (Late Charge). In addition to monthly charge(s), the Customer will pay end user common charges that are applicable to the Services obtained, including, but not limited to federal, state or local use, excise, sales, or privilege taxes and FFT or other regulatory fees that may apply to such services. Unless different treatment is required by applicable regulations, adjustments for billing errors must be reported by Customer to FT within 90 days of the invoice date or any shall be waived.

ATTORNEY FEES – In the event suit is brought or an attorney is retained by FT to enforce the terms of this Agreement or to collect any money due hereunder or to collect any money damages for breach hereof, FT shall be entitled to recover, in addition to any other remedy, the reimbursement for reasonable attorneys’ fees, court costs, cost of investigation and other related expenses incurred in connection therewith. The right to such attorney’s fees and expenses shall be deemed to have accrued from the commencement of any such activities and shall be enforceable whether or not an action is filed or prosecuted to judgment.

SERVICE SUSPENSION or TERMINATION – FT may suspend or terminate one or more of the Services if: (1) Customer fails to pay all or any portion of Delinquent Charges within 7 days after written notice from FT or (2) Customer fails, within 7 days after written notice, to comply with Customer’s other obligations under this Agreement or any applicable terms. FT may, without notice, immediately suspend or terminate one or more Services for violation of any regulation, rule, or law of any governmental authority or if fraudulent usage is suspected.

SERVICE SUSPENSION FOR MAINTENANCE – FT may from time to time without liability to Customer suspend the Services for routine maintenance or rearrangement. Whenever reasonably possible FT will give Customer advance notification of such routine maintenance

RECONNECTION FEE – If Customer’s Services are terminated due to breach or violation by Customer of any of the terms and conditions contained in this Agreement or any policy adopted by FT relating to the Services, and in the event FT subsequently agrees to reconnect Services, the Customer agrees to pay a $50 reconnection fee.

RESPONSIBILITY FOR FT SUPPLIED EQUIPMENT – Equipment installed by FT at Customer’s premises, which is not purchased by Customer, shall always remain the sole property of FT. Customer assumes all risk of loss and/or damage to such equipment from any cause other than equipment failure due to normal wear and usage and/or electronic failure caused through no fault of the Customer. Upon termination of a Service, Customer shall within two business days return the equipment to FT at its business office. In the event Customer fails to timely return such equipment, FT in is sole discretion and without waiving any other remedies it may have, may choose to remove the equipment from the Customer’s premises. Customer hereby authorizes FT to recover the equipment from Customer’s premises during reasonable hours. In the event Customer fails or refuses to timely return the equipment, or the same is lost, altered, destroyed, damaged or stolen, Customer shall pay FT the reasonable replacement cost of the equipment, plus any costs incurred by FT arising from the loss of or damage to the equipment within 10 days of invoice from FT. If it is not paid in that time, FT shall bill the equipment to the Customer’s account.

INTERRUPTION OF SERVICE; CREDIT – It shall be the obligation of Customer to notify FT of any interruption of Services. An outage credit will be allowed for interruptions in service that are found to be a result of facilities that are operated and maintained by FT. The credit shall be applied on a pro-rated basis from the time FT receives notification until the service is restored on interruptions of one day or more.

COMPLIANCE WITH LAWS; INFRINGEMENT – The Customer warrants that its use of the Services will not violate any law, rule or regulations or violate or infringe upon the rights of any other party, including, without limitation, contractual rights, intellectual property rights, publicity, and privacy rights. Customer agrees to comply with all applicable federal, state, and local laws, rules, and regulations in connection with its use of the Services. Customer agrees to adhere to FT’s Acceptable Use and Internet Transparency Policy, as the same may be amended from time to time. FT Acceptable Use and Internet Transparency Policy may be found at the following website: www.foodtronix.com

NO RESALE OF SERVICES OR USE OF SERVICES BY OTHERS – Services provided by FT are for the sole use of the Customer and are not for resale or license of any nature whatsoever by Customer. Customer is and shall be responsible for any misuse of services, even if the inappropriate activity was committed by a friend, family member, guest, employee, or any other person with access to Customer’s account.

REPRESENTATION AND WARRANTY OF CUSTOMER – If Customer is a corporation or limited liability company, Customer represents that it is duly organized and in good standing in the jurisdiction of its organization and in the State of Pennsylvania and that the execution and delivery by the Customer of this Agreement and the performance by the Customer of its obligations hereunder have been authorized by all necessary action, do not require any approval or consent of any person or local, state, federal or other governmental authority, and do not and will not conflict with, result in any violation of, or constitute any default under, any provision of, the articles of organization or by-laws or other organizational documents of the Customer or any contract, agreement, document or instrument to which it is a party or by which it is bound.

USE OF CUSTOMER INFORMATION – From time to time FT can provide the Customer with product marketing or education information based on existing or presumed use of one or more FT services. This information is called Customer Proprietary Network Information or CPNI. FT may use CPNI to advise the Customer on utilizing existing or new related products. FT does not sell or provide this information to any third parties, other than the E911 records required by law if Customer is a telephone customer. Customer has a right to restrict Company’s access to CPNI. If you choose to opt-out of FT’s use of CPNI, please contact our business office to be placed on a list where we will not use your CPNI. Further, the Customer hereby gives FT permission to contact them at the phone number listed in the FT’s records about future services that FT will be offering that may be of interest to Customer.

LIMITATION OF LIABILITY – THE CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER FT NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND FT HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

NEITHER FT NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERYING, THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR THE CUSTOMER’S INABILITY TO USE THE SERVICES OR FROM ANY BREACH OF WARRANTY. NOTWITHSTANDING THE FOREGOING, FT’S ENTIRE LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE SERVICES PROVIDED HEREUNDER OR ANY BREACH OF THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE PROPORTIONAGE NET CHARGE FOR THE AFFECTED SERIVCES DURING ONE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RIGHT TO SUCH LIABILITY.

INDEMNIFICATION – Customer shall indemnify and hold harmless FT and its parent companies, subsidiaries, affiliates, officers, directors, agents and employees, from and against any and all claims, demands, causes of action, losses, damages, costs and expenses, including attorneys’ fees (collectively referred to as “Claims”) arising out of or in any manner relating to: (i) violation of any law, rule or regulation of any governmental authority or other agency by Customer, its employees and agents; (ii) any claim for withholding or other taxes that are the responsibility of Customer that might arise or be imposed on FT due to this Agreement or the performance of Services; (iii) any damage to property or personal injury (including death) arising out of the negligence or willful acts or omissions of Customer, its employees or agents; (iv) breach of any representation, warranty, or obligation contained in this Agreement by Customer; or (v) any act or omission of Customer and its officers, directors, agents, employees or customers arising under or in any way related to this Agreement.

FORCE MAJEURE – If FT’s performance of any obligation under this Agreement is prevented, restricted or interfered with by causes beyond its control, including, but not limited to failure or malfunction of Customer-supplied equipment, acts of God, explosions, vandalism, cable cuts, storms, fires, flood or other catastrophes, power failure, national emergencies, insurrections, riots, wars, strike, lockouts, boycotts, work stoppages or other labor difficulties, or any law, order, regulation or other actions of any governmental authority, agency instrumentality, or of any civil or military authority, then FT shall be excused from such performance on a day-to-day basis to the extent necessary as a result of such restriction, interference or event. FT shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance with reasonable dispatch.

WAIVERS – Failure of either party to enforce or insist upon compliance with the provisions of this Agreement shall not be construed as a general waiver or relinquishment of any provision or right under this Agreement.

SURVIVAL – The indemnifications, covenants and agreements of Customer contained in this Agreement, including, but not limited to Customer’s obligations to pay all amounts due hereunder, shall survive any termination of this Agreement or termination of a Service. The rights and obligations under this Agreement shall survive any merger or sale of either Party and shall be binding upon the successors and permitted assigns of each party.

GOVERNING LAW AND VENUE – This Agreement shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania excluding its conflict of law provisions. All questions or controversies arising out of or in any way relating to this Agreement and any Service, invoice or any other aspect of the relationship between FT and Customer shall only be submitted to the federal and state courts of the State of Pennsylvania and the parties hereby submit themselves to the personal jurisdiction of such federal district and state courts. The rights and remedies herein are cumulative and not exclusive of other rights and remedies which may be granted or provided by law, and nothing herein contained shall be construed to preclude or in any way prohibit FT from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to effect the collection of any sums due it or to enforce any right or remedy arising hereunder or otherwise.

NOTICES AND FACSIMILE SIGNATURES – All notices required or permitted hereunder shall be in writing, sent by certified U.S. Mail, postage prepaid, return receipt requested, and if addressed to FT at the address on page one hereof or if to Customer, to the address appearing on the Application attached hereto or to such other address as either party may from time to time advise in writing. The delivery of any party to the other of a telecopy or facsimile signature to this Agreement or any notice hereunder shall have the same effect as the delivery of an original signature; provided, however, that the party thereafter shall promptly deliver an original signature page to the other (although any failure or delay in the delivery of an original signature shall not vitiate or impair the legally binding effect of a telecopy or facsimile signature).

SEVERABILITY – If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, and the remainder of this Agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

ENTIRE AGREEMENT – This Agreement and all Exhibits, Schedules and other attachments incorporated herein, can be found at: www.foodtronix.com and FT’s Acceptable Use and Internet Transparency Policy, represent the entire agreement between the parties with respect to the subject matter hereof and supersede and merge all prior agreements, promises, understandings, statements, representations, warranties, indemnities and inducements to the making of this Agreement relied upon by either Party, whether written or oral. No rule of strict construction shall be applied against either party.

AMENDMENT – FT’s Acceptable Use and Internet Transparency Policy and any applicable policies may be modified by FT at any time upon thirty (30) days notice to Customer. FT will notify Customer of any such changes by posting a notice of such changes at www.foodtronix.com or by notice via e-mail. Customer’s continued use of Services following such notice constitutes acceptance of all such changes.