Terms of Service

JD CAKES AND FLOWERS

Last modified on October 14, 2021

1. Acceptance of Terms

JD CAKES AND FLOWERS.’s Website (the “Site”) is owned and operated by JD CAKES AND FLOWERS., a Florida limited liability company (the “Company” or “US/We”), and the Company welcomes you to its online service (the "Service"). By using this Site or Service, you are agreeing to the following Terms of Service ("TOS"), whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you.

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.

IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.

2. Description of Service

The Company provides a web-based Service in the form of a platform, which is made available to users, on which said users may browse a variety of Charcuterie Boards. Additionally, the platform allows for users to select their method of delivery and shipping methods. Any such shipping methods made available to users shall be subject to change at any time and for any reason, within Company’s sole discretion. The platform also contains a collection of various types of content made available through the Service, which may be provided to users in the form of audio, video, and/or various text features. This Content made available to users through the Site and Service is in no way considered to be any form of professional advice, and is provided strictly for entertainment and informational purposes.

THE SERVICE IS PROVIDED "AS IS" AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS IN DELIVERY OR OTHER ASPECTS OF THE SERVICE, ERRORS IN CONTENT OR THE ACCURACY OF ANY INFORMATION TRANSMITTED THROUGH THE SERVICE, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, OR FAILURE TO STORE ANY PARTICULAR INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company products, are subject to the then current TOS.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable, inappropriate, or to have been posted in error, in the Company’s sole discretion.

You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and payment information. If you become aware of any unauthorized use of your name and payment information, it is your responsibility to notify the Company immediately.

You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.

As a user of the Service you also understand and agree that the Service may also include advertisements or links thereto. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Service.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY PORTIONS OF THE SERVICE. IF YOU ARE ABOVE THE AGE OF 13, BUT BELOW THE LEGAL AGE MAJORITY, THIS SERVICE MAY ONLY BE USED WITH PARENTAL CONSENT AND SUPERVISION. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

3. Prohibitive Uses

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," or "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

4. Privacy Information

We collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. By entering into this agreement you agree to the use of your information.

5. Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER US NOR OUT AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER US, NOR OUR ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON OUR SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON OUR SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON OUR SITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE AND OUR ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MOREOVER, WE DO NOT GUARANTEE THE LONGEVITY OF ANY OF OUR PRODUCTS OR SERVICS.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH OUR SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ALSO AGREE THAT WE SHALL NOT BE HELD LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM AN ALLERGIC REACTION TO FOOD, OR SPOLIATION OF FOOD. YOU ASSUME ALL RISKS OF CONSUMING THE FOOD.

7. Disputes and Arbitration

We hope to make you a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us.

a. You Agree to Provide US an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against US or our Associates for any claims, including claims related in any way to our products, these Terms of Use, billing, privacy, advertising, or our  communications with you, you must first send a written description of your claim to:

JD CAKES AND FLOWERS
Attn: Legal
8231 HAMPTON WOOD DR
BOCA RATON FL 33433

and you must allow us a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and us agree to negotiate in good faith with each other to try to resolve your claim. If you and us do not reach a resolution of your dispute within sixty (60) days after we receive your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.

b. Arbitration. You and Us agree to arbitrate all disputes between the parties, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to "you," and "us" includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Notwithstanding the arbitration agreement set forth in the prior paragraph, if you fail to pay in full any amounts you owe when they are due, We may assign your account for collection, and We and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. In addition, We may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of Us or of any third party. 

YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE (THE "OPT-OUT DEADLINE"). You may opt out by writing to us at either of the following addresses:

JD CAKES AND FLOWERS
Attn: Legal
8231 HAMPTON WOOD DR
BOCA RATON FL 33433

The American Arbitration Association's ("AAA") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms of Use, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree 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 under 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 written opinion sufficient to explain the essential findings and conclusions on which the decision is based.

Upon you or our filing an arbitration demand, You agree to pay all filing, administration, and arbitrator fees, unless your claim exceeds $75,000. If you initiate an arbitration in which you seek more than $75,000 in damages, the AAA rules will govern the payment of these fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless We and you agree otherwise in writing, any arbitration hearings will take place in the State of Florida, Palm Beach County. With the choice of law being the law of Florida.

YOU AND Us AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR Us SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL ALSO APPLY TO YOU. WE DO NOT CONSENT TO CLASS ARBITRATION OR LITIGATION; WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND US HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

8. Governing Law.

These Terms, and any disputes arising between you and Us related in any way to these Terms of Use or Our products, including but not limited to disputes over billing, service, privacy, advertising, or Our Associates' communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Florida, and shall be litigated in Palm Beach County, Florida.

9. Claims / Refunds

• All sales are final. There shall be no refunds or exchanges in any kind, unless We agree to do such in writing.

The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the access and ability to use the Site or Services, of members who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
2. description of where the material you claim is infringing is located on the site;
3. your name, address, telephone number, and email address;
4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:

JD CAKES AND FLOWERS
Attn: Legal
8231 HAMPTON WOOD DR
BOCA RATON FL 33433

10. Payments

If you place an order on this Site, you will be required to put in credit card information. You agree that you have done so voluntarily, with clear mind, and will full consent. You also agree that we will collect this information for future use.
In order to use certain aspects of the Service you may be required to submit certain personal and/or payment information into the platform. Users of the Company’s Site and Services shall be subject to the following specific terms in addition to all of the other terms in these TOS:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current and complete information as required on the Service's registration and/or payment forms. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your current or future use of the Site or Service (or any portion thereof).
• You understand, acknowledge, and agree that in order to participate in some of the Services offered through the Site, you may be required to provide company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information.
• You agree that the Company may, for any reason in its sole discretion, and without prior notice, immediately terminate your access to the Site or Service. Cause for such termination may include, but shall not be limited to:(i) a breach or violation of the TOS or other Company policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Company’s sole discretion and that the Company will not be liable to you or any third-party for any deletion of materials or information, and/or termination of your access to the Site or Service.
• You are responsible for any activities that take place under your name and payment information. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS.
• Company shall have no liability for losses, chargebacks, uncollected fees, expenses or any other items.

11. Links

Through the Service, the Company or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Site or Service. Links to such sites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.

12. Indemnity

You agree to indemnify, defend, and hold the Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Site or Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

13. No Resale of Service

You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or Content or other information or materials of any kind that you do not own.

14. Modification and Termination of the Service 

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.

15. No Cancellations, Returns, or Refunds

ALL SALES ARE FINAL –. You hereby acknowledge, understand, and agree that there are no refunds and no returns

16. Practices regarding Use and Storage

You acknowledge that the Company may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent or received from an account of the Service, the maximum size of any message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, the maximum number of searches which may be ran through the Service, and the maximum number of times and duration for which you may access the Service in a given time. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages, data, communications or other Content maintained or transmitted by the Service. You acknowledge and agree that the Company reserves the right to terminate access to users which have been inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time.

17. Company Proprietary Rights; Trademarks and Copyrights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Company are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Site or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

18. No Co-Branding or Framing.

You may not use or authorize any party to co-brand or frame the Site or any Service without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Site or Service, in whole or in part, and/or any content accessible within the Site or Service. For purposes of this TOS, "framing" refers to displaying any Company associated Site or Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.

19. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE, CONTENT, FOOD, OR OTHER GOODS OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE ITSELF, CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY FOOD PRODUCT, GOODS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITE OR SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Service, shall create a warranty not expressly stated in these TOS.

20. Limitation of Liability

You expressly understand and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for fines, personal injury, medical bills, veterinary bills, loss of a pet, property damage, loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use Site or Services themselves, or through the use of and/or reliance upon any Content or information offered through the Site or Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Site or Service, the cost of procurement of substitute goods or services resulting from any services, materials, goods, data, or information purchased or obtained or messages received or transactions entered into through or from the Site or Service, and/or any other matter relating to the Site or Service. In no event will the Company be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

21. Information Pertaining to OTHER Matters

If you receive or request any news, messages, or other information from the Site or Service concerning any other regulatory inquiries/materials with respect to the Content or information displayed or offered through the Site or Service, remember that the Site and Service is provided for entertainment purposes only, and no Content included or information made available through the Site or Service is intended for, nor shall the same constitute any food advisory services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, reliability, usefulness or availability of any Content or information transmitted or made available via the Site or Service, and shall not be responsible or liable for any decisions or actions made by you or any other third-party based on such Content or information.

22. Personally Identifiable Information

The Company cautions you against giving out any personally identifying information about yourself, your children, or any other person in the use of any third-party link or interaction accessed through the Site or Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in other parts of this document.

23. Attorney’s Fees.

Any action arising out of this Service Agreement, the non prevailing party shall pay all the prevailing party’s costs, expenses and reasonable attorneys’ fees that the prevailing party may have sustained or incurred in connection therewith, which shall be deemed to have accrued upon the commencement of such suit and shall be enforceable whether or not such suit is prosecuted to judgment. The prevailing party shall be entitled to attorney’s fees and costs, including fees for procuring attorney’s fees and cost. This “fees for fees” provision is intended to comply with all of the guiding language of Waverly at Las Olas Condominium Association, Inc. v. Waverly Las Olas, LLC, 88 So. 3d 386 (Fla. 4th DCA 2012).

24. Miscellaneous Terms; General Information

These TOS, in conjunction with any credit card authorization agreements entered into by and between yourself and the Company, govern the terms and conditions of your use of the Site and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Company’s Privacy Policy), guidelines, or rules that may apply when you use or purchase certain Content or products from the Site or certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. The Company may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.

If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles throughout these TOS are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

This instrument is the entire agreement of the Company and the Employee. Oral changes have no effect. It may be altered only by a written agreement signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.

This Agreement supersedes any prior agreement between the Company or any predecessor of the Company and the Employee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this agreement.

The Parties agree that this agreement is mutually constructed, and that any ambiguity will not be construed against any Party.