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TERMS OF USE AGREEMENT
This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and ForkStation.com, and its affiliated companies (collectively, the "ForkStation.com" or "we" or "us" or "our"), concerning your access to and use of the www.ForkStation.com website as well as any other media form or media channel related or connected thereto (collectively, the "Website").
The Website allows restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pick up and customers to search for and purchase such meals ("ForkStation.com Services"). The ForkStation.com Services are hosted in the United States.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT EAT24HOURS MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ForkStation.com SERVICES OR THE WEBSITE.
OUR PURPOSE
We have created the Website to serve as a marketplace. ForkStation.com is a merchant of food ordering and delivery services. ForkStation.com does not sell or control the production of any food produced at the Restaurants. Rather this marketplace provides buyers the ability to search for and find local Restaurants that deliver or make food available for pick up.
The Restaurants are obligated by ForkStation.com to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that ForkStation.com does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws.
Buyers must make themselves comfortable through information provided by Restaurants on the Website or as requested by buyers directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws.
ForkStation.com does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic" or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, ForkStation.com does not independently investigate or verify such representations.
ForkStation.com shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner.
Buyers are solely responsible for verifying the accuracy of delivery addresses, and ForkStation.com shall have no liability or responsibility for any such erroneous addresses.
Please direct all complaints concerning Restaurants to ForkStation.com`s attention as indicated on the Website.
ORDERING AND PAYMENT
All ordering is performed online. Buyers are usually billed directly by ForkStation.com for their orders, and "ForkStation.com" will be the name that appears on your payment records, but ForkStation.com shall not in any manner be considered the seller of the food.
On occasion, credit card information will be provided to the Restaurants, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly. In such case, you hereby authorize ForkStation.com to transfer your credit card information to the Restaurant for processing.
REFUND POLICY
ForkStation.com takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact ForkStation.com and we will try to assist you.
In appropriate cases, if you have already been billed by ForkStation.com, ForkStation.com will issue full or partial refunds. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. If you were billed by ForkStation.com, ForkStation.com will provide a full or partial refund if, for example, you did not receive your food order, or part of your order, on a case-to-case basis.
USER REPRESENTATIONS
General
By using the ForkStation.com Services, you represent and warrant that:
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
You will keep your password confidential and will be responsible for all use of your password and account;
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website;
Your use of the ForkStation.com Services does not violate any applicable law or regulation.
Regarding Content You Provide
You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website ("Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:
The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize ForkStation.com and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
Your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by ForkStation.com), libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
Your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on ForkStation.com's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
Your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;
Your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by ForkStation.com in its sole discretion.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to ForkStation.com an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
ForkStation.com has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
GUIDELINES FOR RESTAURANT REVIEWS
ForkStation.com may accept, reject or remove restaurant reviews in its sole discretion. ForkStation.com has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the establishment being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; and (4) reviewers should not make any conclusions as to the legality of the establishment's conduct.
Reviews are not endorsed by ForkStation.com, and do not represent the views of ForkStation.com or of any affiliate or partner of ForkStation.com.
ForkStation.com does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the ForkStation.com Services ("Submissions") provided by you to ForkStation.com are non-confidential and ForkStation.com (as well as any designee of ForkStation.com) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than that for which ForkStation.com makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ForkStation.com. Prohibited activity includes, but is not limited to:
Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by ForkStation.com;
systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ForkStation.com;
making any unauthorized use of the ForkStation.com Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
engaging in unauthorized framing of or linking to the Website;
transmitting chain letters or junk email to other users;
using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
attempting to impersonate another user or person;
using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the Website in order to harass, abuse, or harm another person;
using the ForkStation.com Service as part of any effort to compete with ForkStation.com or to provide services as a service bureau;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
harassing, annoying, intimidating or threatening any ForkStation.com employees or agents engaged in providing any portion of the ForkStation.com Services to you;
displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
deleting the copyright or other proprietary rights notice from any Contribution or ForkStation.com Content;
using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("ForkStation.com Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to ForkStation.com, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
ForkStation.com’s content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All ForkStation.com graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ForkStation.com in the U.S. and/or other countries.
ForkStation.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ForkStation.com.
ForkStation.com Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ForkStation.com is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the ForkStation.com Content and to download or print a copy of any portion of the ForkStation.com Content to which you have properly gained access solely for your personal, non-commercial use.
ForkStation.com reserves all rights not expressly granted to you in and to the Website and ForkStation.com Content and Marks. If you download or print a copy of the ForkStation.com Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any ForkStation.com Content or enforce limitations on use of the Website or the ForkStation.com Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the ForkStation.com Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies and ForkStation.com takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SITE MANAGEMENT
ForkStation.com reserves the right but does not have the obligation to:
monitor the Website for violations of this Agreement;
take appropriate legal action against anyone who, in ForkStation.com's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
in ForkStation.com's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any ForkStation.com policy;
in ForkStation.com's sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to ForkStation.com's systems;
terminate the accounts of repeat infringers;
otherwise manage the Website in a manner designed to protect the rights and property of ForkStation.com and others and to facilitate the proper functioning of the Website.
PRIVACY
We care about the privacy of our users. Please review the ForkStation.com Privacy Policy. By using the Website or the ForkStation.com Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the ForkStation.com Services, you are consenting to the terms of Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, ForkStation.com RESERVES THE RIGHT TO, IN ForkStation.com'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE ForkStation.com SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND ForkStation.com MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE ForkStation.com SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN ForkStation.com'S SOLE DISCRETION.
In order to protect the integrity of the Website and ForkStation.com Services, ForkStation.com reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website ForkStation.com Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
MODIFICATIONS
To Agreement
ForkStation.com may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the ForkStation.com Services after any such modification posted on the Website becomes effective. ForkStation.com may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address.
It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 30 days after being posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
To Services
ForkStation.com reserves the right at any time to modify or discontinue, temporarily or permanently, the ForkStation.com Services (or any part thereof) with or without notice. You agree that ForkStation.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ForkStation.com Services.
DISPUTES
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that ForkStation.com is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release ForkStation.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the ForkStation.com Services.
With ForkStation.com
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the ForkStation.com Services shall be governed and construed by the law of the State of Florida, excluding such state's conflicts of law rules.
Any legal action of whatever nature by or against ForkStation.com arising out of or related in any respect to this Website and the ForkStation.com Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Miami Dade County, Florida; subject, however, to the right of ForkStation.com, at ForkStation.com's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user.
You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the ForkStation.com Service (including your visit to or use of the Website and/or the ForkStation.com Service) be instituted more than two (2) years after the cause of action arose.
CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. ForkStation.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS
ForkStation.com cannot control the nature of all of the content available on the Website or food products sold via the Website. By operating the Website, ForkStation.com does not represent or imply that ForkStation.com endorses any sellers, sellers' products, blogs, Contributions or other content or products available on or linked to by the Website, including without limitation content hosted on third party websites, or that ForkStation.com believes food products, Contributions, blogs or other content to be accurate, useful or non-harmful.
We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or in connection with any sellers or Contributions. ForkStation.com is not responsible for the conduct, whether online or offline, of any user of the Website or ForkStation.com Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ForkStation.com SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ForkStation.com, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ForkStation.com SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ForkStation.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND ForkStation.com SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
ForkStation.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ForkStation.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ForkStation.com OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ForkStation.com SERVICES, EVEN IF ForkStation.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ForkStation.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ForkStation.com FOR ForkStation.com SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.
You agree to defend, indemnify and hold ForkStation.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions, use of ForkStation.com Services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Notwithstanding the foregoing, ForkStation.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ForkStation.com, and you agree to cooperate, at your expense, with ForkStation.com's defense of such claims. ForkStation.com will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
SWEEPSTAKES
From time to time, ForkStation.com may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
NOTICES
Except as explicitly stated otherwise, any notices given to ForkStation.com shall be given by email to info@ForkStation.com. Any notices given to you shall be given to the email address you provided during the registration process or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and ForkStation.com regarding the use of ForkStation.com Services. The failure of ForkStation.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
This Agreement and your account may not be assigned by you without our express written consent. ForkStation.com may assign any or all of its rights and obligations to others at any time. ForkStation.com shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond ForkStation.com's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
CONTACT US
In order to resolve a complaint regarding ForkStation.com Services or to receive further information regarding use of ForkStation.com Services, please contact ForkStation.com as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a Florida resident, you can contact the Division of Consumer Services of the Department Agriculture and Consumer Services by telephone at 1-800-HELP-FLA /1-800-435-7352 or by mail at PO Box 6700, Tallahassee, FL, 32399-6700.
ForkStation.com, INC
615 NE 22nd St. Miami, Florida 33137
Fax: 800–750-2670
Phone: 800–750-2670
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
Notifications
If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material
Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Copyright Agent as follows:
Copyright Agent
ForkStation.com, INC
Fax: 800–750-2670
Phone: 800–750-2670
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Counter Notification
If you believe your own copyrighted material has been removed from the Website and/or Company Service as a result of mistake or misidentification, you may submit a written counter notification ("Counter Notification") to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Company is located.
A statement that you will accept service of process from the party that filed the Notification or the party's agent.
Your name, address and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.
You may submit your Counter Notification to our Copyright Agent by fax, mail, or email as set forth above.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
