FriendShip Rewards Program Terms and Conditions
VOID WHERE PROHIBITED BY LAW.THIS PROMOTION IS INTENDED FOR VIEWING AND PERFORMANCE IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
Welcome to the FriendShip Rewards program, offered to you and sponsored by Beck Supplier's, Inc. and FriendShip Food Stores (collectively, the "Company").
1. Agreement to Terms. You agree to read these terms and conditions carefully before using the FriendShip Rewards program. If you do not agree to these terms and conditions, you may not participate in the FriendShip Rewards program. Your enrolling in, participation in or use of the FriendShip Rewards program constitutes and signifies your unconditional agreement to be governed, controlled and bound by these terms and conditions and the Company's determinations and resolutions hereunder. PLEASE READ THIESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN THE FRIENDSHIP REWARDS PROGRAM.
2. Modification of Agreement. The Company reserves the right, in its sole discretion, to change, modify, cancel, terminate, suspend, add and/or remove any portion of these terms and conditions, in whole or in part, and to disqualify a participant in the FriendShip Rewards program at any time without further notice. Without limiting the foregoing, the Company may change, modify, cancel, terminate, suspend, add and/or remove the FriendShip Rewards program if, in their sole opinion, an incident of any kind occurs to corrupt or impair the administration, integrity, fairness, or intent of the program, including without limitation, unauthorized human intervention or fraud.Notification of any changes, modifications, cancellations, terminations, suspensions, additions, and/or removals to these terms and conditions or to the FriendShip Rewards program will be posted at www.friendshipfoodstores.com (the "FriendShip Website"). Your continued participation in or use of the FriendShip Rewards program after notice will be considered your agreement to be bound by any such changes. It is your responsibility to regularly check the FriendShip Website to determine if there have been any changes, modifications, cancellations, terminations, suspensions, additions, and/or removals to these terms and conditions or to the FriendShip Rewards program.
3. Determinations under the FriendShip Rewards Program. All questions, issues, controversies and disputes regarding all matters relating to the FriendShip Rewards program shall be determined and resolved by the Company, in its sole discretion, and the Company's determinations and resolutions in this regard shall be final and binding on you.The FriendShip Rewards program is void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws, rules, and regulations.
4. Copyright Protection and Use of Company Information. The FriendShip Rewards program is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not use the Company' names, logos, and trademarks in any manner without the prior written consent of the Company.
5. Right to Change the FriendShip Rewards Program. The Company may change, suspend or discontinue any aspect of the FriendShip Rewards program at any time. The Company may also impose limits on certain features and services or restrict your access to parts or the entire FriendShip Rewards program without notice or liability. The Company reserves the right, in its sole discretion, to refuse service or cancel your membership in the FriendShip Rewards program at any time.
6. Indemnification and Release. By participating in the FriendShip Rewards program or receiving a reward thereunder, you hereby agree to indemnify, defend and hold the Company and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all losses, liabilities, injuries, damages, and costs (including, without limitation, reasonable attorneys' fees and court costs) incurred by the Indemnified Parties in connection with. arising out of, or resulting from your breach of these terms and conditions .In this regard, you agree to and shall cooperate as fully as reasonably required in the defense of any such claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company. Furthermore, by participating in the FriendShip Rewards program or receiving a reward thereunder, you hereby release the Indemnified Parties from any losses, liabilities, injuries, damages, and costs (including, without limitation, reasonable attorneys' fees and court costs) you incur and caused in whole or in part, directly or indirectly, by your participation in the FriendShip Rewards program or the acceptance of any reward thereunder.
7. No Representations or Warranties. THE FRIENDSHIP REWARDS PROGRAM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED ON AN "AS IS", "WHERE IS", AND "WHERE AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO THE FREINDSHIP REWARDS PROGRAM OR THE CONTENT, MATERIALS, INFORMATION OR FUNCTIONS RELATING THERETO.FUTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE OR RESPONISBLE FOR: (A) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING ERRORS, OR ANY OF THE EQUIPMENT, HARDWARE, SOFTWARE, OR PROGRAMMING ASSOCIATED OR USED WITH THE FREIDNSHIP REWARDS PROGRAM; (B) TECHNICAL ERRORS, DEFECTS, DELAYS, OR FAILURES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN ANY COMMUNICATIONS LINES, INTERNET OR WEBSITE ACCESS, HARDWARE, SOFTWARE, SERVERS, NETWORK, TELEPHONE, SATELLITE, COMPUTER, OR OTHER CONNECTION; (C) GARBLED, MISDIRECTED, OR JUMBLED TRANSMISSIONS OR TRAFFIC CONGESTION; (D) ERRORS OF ANY KIND, WHETHER HUMAN, TECHNICAL, MECHANICAL, OR ELECTRONIC; (E) THE INCORRECT OR INACCURATE CAPTURE OF ENTRY OR OTHER INFORMATION OR THE FAILURE TO CAPTURE ANY SUCH INFORMATION; (F) DIGITAL OR ELECTRONIC DISRUPTIONS (E.G., VIRUSES); (D) UNAUTHORIZED HUMAN INTERVENTION (E.G., HACKING); OR (G) ANY INJURY OR DAMAGE WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT'S PARTICIPATION IN THE FRIENDSHIP REWARDS PROGRAM OR RECEIPT OR USE OF A REWARD.
8. NO AWARDS OF DAMAGES AGAINST THE COMPANY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE FRIENDSHIP REWARDS PROGRAM, INCLUIDNG, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. THE AGGREGATE MAXIMUM LIABILITY OF THE COMPANY SHALL NOT EXCEED TWENTY-FIVE DOLLARS FOR ANY DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.
9. Expiration of Points. Points earned on a FriendShip Rewards membership card will expire after one year of account inactivity.
10. Entire Agreement and Time Limitation for Action. These terms and conditions constitute the entire agreement between the Company and you with respect to your use of and participation in the FriendShip Rewards program. Any cause of action you may have with respect to your use of the FriendShip Rewards program must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
11. Disputes and Choice of Law. Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the FriendShip Rewards program, any reward awarded thereunder, or these terms and conditions shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of Ohio; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (c) no punitive, incidental, special, consequential, or other damages, including without limitation, lost profits may be awarded (collectively, "Special Damages"); and (d) you hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.You hereby consent to, and waive all defenses of forum non convenient and lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of Ohio.Ohio law, without reference to Ohio's choice of law rules, shall govern and control the FriendShip Rewards program, these terms and conditions, and all aspects related thereto.
11.Privacy Statement. The Company is committed to serving the needs of our customers. By registering for the FriendShip Rewards program you are electing to receive e-mail offers and promotions related to the program. The Company will not intentionally and/or knowingly release your name to any list service or manufacturer, and will take reasonable actions to keep such information in confidence.