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RightBytes Website and Application Terms of Use
These Terms of Use apply to the RightBytes
website (https://rightbytes.com), the RightBytes
application, and related sites and applications (collectively, the “Site”). This
Site is owned and operated by Orion Food Systems Holdings, LLC and its
affiliates and licensors (collectively, “OLM Foods” or “we”). You should read
these Terms of Use carefully. Your access to and use of this Site are governed
by these Terms of Use, which are a legally binding contract between you and OLM
Foods. RightBytes is a trademark owned by OLM Foods.
By using the Site, you agree to be bound by THESE
TERMS OF USE, OUR Privacy Policy. If you do not agree with any
of theSE terms, please do not use the Site OR PROVIDE US WITH YOUR INFORMATION.
Amendments to
Terms of Use
OLM Foods reserves the right to change these
Terms of Use and any of its other terms, conditions and rules relating to the
Site, at any time. OLM Foods will notify you of such changes by posting the
changes on the Site. You are responsible for regularly reviewing the Site and
these Terms of Use regarding such changes. Continued use of the Site after any
such changes have been posted shall constitute your agreement to them.
Eligibility
The Site is available only to
individuals who are at least 18 years old. You represent and warrant that you
are of legal age to form a binding contract. OLM Foods may, in its sole
discretion, refuse to offer the Site to any person or entity and change its
eligibility criteria at any time. This provision is void where prohibited by
law and the right to access the Site is revoked in such jurisdictions.
Additional Terms
When using a particular service,
participating in a promotion, or accessing certain materials on or through this
Site, you are subject to any additional posted terms, conditions, and rules
applicable to the same, which are incorporated into these Terms of Use and
govern any conflict or inconsistency with these Terms of Use.
Site Access and
Account Creation
As a condition to using certain aspects
of the Site, you may be required to create an account with OLM Foods and select
a user ID and password. You shall provide OLM Foods with accurate, complete,
and updated registration information. You are solely responsible for the
security of access to your account, and you must take precautions to protect
the confidentiality of your user ID and password. You should not share your
password or user ID with any other person or entity. You are solely responsible
for verifying the accuracy of all transactions placed in your account and for
ensuring that you receive a confirmation for all transactions placed for your account.
You should contact OLM Foods immediately if you suspect unauthorized use of
your user ID or password, or any other unauthorized activity on your account.
You are and will be responsible for all activities conducted on and with the Site
that make use of your password and/or user ID. OLM Foods may justifiably assume
that any orders or instructions received through any electronic systems and
placed under your account were placed or authorized by you.
Pricing and
Payment
Unless otherwise specified, all prices listed
on our Site are in U.S. Dollars. The prices and availability of items are
subject to change without notice. If we discover an error in either pricing or
availability, we will seek to correct it. We reserve the right to revoke any
offer and to correct any errors, inaccuracies or omissions (including after an
order has been submitted and accepted). Pricing for the items on this Site is listed
without applicable sales tax, which will be calculated at the time of purchase
and added based on your location. Payments
for orders placed on our Site are due at the time of pickup and will be
processed by your selected location. If
you elect to pre-pay through the Site, your payment will be processed by our
third party service provider, Stripe, and is subject to Stripe’s additional terms.
Orders
By placing an order through the Site,
you warrant that you are at least 18 years of age and that all of the
information, including your payment information and contact information is
true, correct, and complete. Once you
have placed an order through the Site, you may not cancel or modify your order
through the Site and must contact your selected location as soon as possible. Contact
details for your selected location are available on the Site. We reserve the
right to refuse, modify, or cancel any orders or portion of orders placed
through the Site for certain reasons including without limitation: product
availability, errors in pricing or descriptions, or if we suspect your order is
fraudulent or otherwise unauthorized.
Use of the Site
and Prohibited Behaviors
OLM Foods and/or its licensors own and
shall retain all rights, title and interests, including all intellectual
property rights, in and to the Site, and all elements thereof. Except for the
express licenses granted to you herein, you neither have nor acquire any
rights, title or interests in or to the Site, or any element thereof. You agree
to use the Sites solely for your own private and internal purposes. As a
condition of your access to and use of this Site, you agree that you will
comply with all applicable laws, rules and regulations related to your use of
the Site, including data protection and privacy laws. The following is a non-inclusive list of
behaviors that are not permitted on the Site. You agree not to engage in:
1.
Removing, copying or destroy any proprietary rights marks or
legends on or in the Site.
2.
Modifying, enhancing, adapting, translating, creating
derivative works of, decompiling, disassembling, or reverse engineering the
Site.
3.
Accessing, viewing, using or displaying the Site for any
commercial or other money-making purpose unrelated to your OLM Foods Account.
4.
Unauthorized access, monitoring, collection, or use of data,
systems or networks, including using any data mining, robots, or similar data
gathering and extraction tools.
5.
Use any intellectual property, including any trademarks,
made available on this Site without our express written consent.
6.
Hacking, phishing, spamming, scamming, identity theft,
fraud, forgery, deception, virus or malware distribution, network attacks, and
interference with any other user’s use of the Site.
7.
Offensive activities such as harassment or transmitting or
distributing content that is inappropriate, obscene, defamatory, threatening,
abusive, that advocates violence, or that violates a law, regulation, or public
policy.
Your ability to use this Site depends
on your compliance with the conduct guidelines set forth in these Terms of Use.
If you fail to conduct yourself appropriately, we may revoke your privileges to
use all or a portion of this Site and/or take other appropriate measures to
enforce our rights.
Consent to Collection
and Use of Usage Data
You agree that we may collect, use and
share certain information about you and your use of the Site and any device
with which the Site connects, including but not limited to technical
information about our and our business partners’ products, your device, system
and application software, and peripherals—that is gathered periodically to
facilitate the provision of software updates, support, and other services to
you (if any) related to the Site (collectively, “Usage Data”). OLM Foods uses Usage Data to improve its products and the Site,
facilitate the provision of Site updates, and provide support and other service
to you. Usage Data is automatically transmitted to OLM Foods by the Site. You
acknowledge and agree that OLM Foods retains sole
and exclusive ownership of all right, title and interest in and to the Usage
Data, and you shall have no rights to retain or use any of the Usage Data. OLM Foods may use the Usage Data without limitation, but it will
ensure that such Usage Data is anonymized and/or aggregated in such a manner
that it no longer identify you before sharing Usage Data with third parties.
Feedback
If you provide OLM Foods with any
comments, suggestions or other feedback with respect to the products offered
through the Site, the Site itself or any component thereof (collectively,
“Feedback”), OLM Foods has the right to use such Feedback in any way, including
incorporating such Feedback into the Site, without obligation to you. OLM Foods
will be the owner of, and free to use for any purpose, any ideas, concepts,
know-how, or materials developed by or on behalf of OLM Foods resulting from your
Feedback, including any modifications or enhancements to its products or the
Site.
Privacy
We have a policy that addresses the privacy
of your personal information. Your use of our Site is subject to it. Please
read our Privacy Policy so that you understand the parameters of privacy when using
our Site. We reserve the right to monitor this Site for adherence to these
Terms of Use.
Third
Party Sites and Information
Our Site may include access to content,
products, or services offered by third parties through hyperlinks, API or
otherwise. OLM Foods is not responsible for any content or linked sites owned
or controlled by a third party. OLM Foods provides such content and links only
as a convenience to you. OLM Foods has not endorsed, tested or verified any
third party information, companies, or products to which it links or otherwise
makes available. If you decide to access any third party sites linked to this
Site, use such third party’s products, or provide any personally identifiable
information to a third party, you do so subject to the terms and policies
applicable to those third parties and entirely at your own risk.
Third Party
Service Providers
OLM Foods may use third party service
providers to help develop and maintain this Site and to provide specific
services offered through this Site. You agree that the terms and conditions set
forth in these Terms of Use inure to the benefit of any third party service
providers engaged by OLM Foods. All references to OLM Foods are deemed to
include its agents and service providers.
Territory
OLM Foods operates this Site from the
United States of America. OLM Foods makes no representation that content and materials
on this Site are legal or appropriate for use outside the United States of
America. If you access this Site from outside the United States, you do so at
your own risk. You may not use the Site in violation of United States or
America export laws and regulations.
Disclaimer
of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS
SITE AND ALL MATERIALS, SERVICES, PRODUCTS AND INFORMATION AVAILABLE ON OR
THROUGH THIS SITE, ARE PROVIDED BY OLM FOODS AND ITS LICENSORS AND BUSINESS
PARTNERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY
AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS SITE IS
AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED
WITH SUCH USE, AND YOU EXPRESSLY RELEASE OLM FOODS, AND ITS THIRD PARTY
INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR
LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON
THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING ONLY AND SHOULD NOT BE
INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU
ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES
OR ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR
PERIODS OF TIME. ALTHOUGH OLM FOODS MAY UPDATE THIS SITE, SOME OF THE
INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. OLM FOODS DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION,
ADVICE OR STATEMENT DISPLAYED ON THIS SITE.
REGARDLESS OF THE FORM OF ACTION OR
THEORY OF RECOVERY, IN NO EVENT SHALL OLM FOODS, ITS AFFILIATES, ITS LICENSORS,
ITS SERVICE PROVIDERS, AND/OR ITS BUSINESS PARTNERS BE LIABLE OR RESPONSIBLE TO
YOU IN ASSOCIATION WITH THE SITE, THE PRODUCTS PROVIDED HEREUNDER, OR YOUR USE
THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B)
LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS
INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1)
YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. OLM FOODS SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT
THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES
OUTSIDE OF OLM FOODS CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES,
ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers
of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To
the extent such warranties or liabilities cannot be disclaimed but can be
limited under the laws of your state, we limit such warranties and/or
liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold
harmless OLM Foods, and its parents, subsidiaries, affiliates, officers,
agents, co-branders, partners, licensors, service providers, and employees,
from and against any alleged claim or demand, including reasonable attorneys'
fees due to or arising out of your use of this Site, your connection to this
Site, your violation of these Terms of Use or any other applicable terms or
policies, your violation of any rights of another, or breach of any
representation or warranty made by you under these Terms of Use. You are solely
responsible for your actions when using this Site, including, but not limited
to, costs incurred for Internet access.
Termination
OLM Foods may terminate your access to
this Site at any time and for any reason without prior notification. We may
also, in our sole discretion and at any time, with or without notice,
discontinue this Site or any portion of it, restrict the time the Site is
available, or restrict the amount of use permitted. You agree that we may
terminate or restrict your access to this Site under these Terms of Use or
under any other applicable policy without prior notice. We reserve the right to
bar any further access to this Site. Provisions that survive termination of
these Terms of Use are those relating to ownership, limitations of liability,
indemnification and others which by their nature are intended to survive.
Applicable
Law, Severability and Waiver
In order to ensure consistency in the
interpretation and enforcement of these Terms of Use and OLM Foods's rights in
the Site, these Terms of Use will be governed exclusively by South Dakota law
and controlling U.S. federal law, without regard to the choice or conflicts of
law provisions of any jurisdiction. You expressly agree that any litigation or
dispute arising between you and OLM Foods related, in any way, to the Site
and/or these Terms of Use, and/or any and all disputes, actions, claims, or
causes of action related thereto, shall be initiated and maintained before the state
and federal courts of South Dakota. You expressly consent and irrevocably
submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Use
is held by a court of competent jurisdiction to be invalid or unenforceable,
then such provision shall be modified to the extent necessary to be valid and
enforceable, and all other provisions of these Terms of Use shall remain in
full force and effect.
The failure of OLM Foods to enforce any
right or provision in these Terms of Use shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by OLM Foods in writing.
No waiver shall be implied from a failure of either party to exercise a right
or remedy. In addition, no waiver of a party's right or remedy will affect the
other provisions of these Terms of Use.
Additional Terms for Apple Users
In addition to
all other terms contained herein, if you download our mobile application
(“App”) from Apple, Inc. (“Apple”), you agree to the following:
1.
Acknowledgement. You acknowledge that these Terms of
Use are concluded between you and OLM Foods only, and not with Apple. OLM Foods
and not Apple, is solely responsible for the App and the content thereof.
2.
Usage Limitations. Your use of the App is subject to the
Usage Rules set forth in the Apple App Store Terms and Conditions.
3.
Maintenance and Support. You and OLM Foods acknowledge
that Apple has no obligation whatsoever to furnish any maintenance and support
services with regard to the App.
4.
Failures. In the event of any failure of the App to conform to any
applicable warranty, you may notify Apple, and, if applicable, Apple will
refund the purchase price for the App to you. To the maximum extent permitted
by applicable law, Apple has and will have no other warranty obligation
whatsoever with respect to the Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be OLM Foods’s sole responsibility.
5.
Third Party Claims. OLM Foods, and not Apple, is
responsible for addressing any claims made by you or a third party relating to
the App or your possession and/or use of the App, including, but not limited
to: (a) product liability claims; (b) any claims that the App fails to conform
to any applicable legal or regulatory requirement; and (c) claims arising under
consumer protection or similar legislation. You and OLM Foods acknowledge that,
in the event of any third party claim that the App or your possession and use
of the Software infringes that third party’s intellectual property rights, OLM
Foods, not Apple, is solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.
6.
Third Party Beneficiary. You understand and agree that
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms
of Use. Upon your acceptance of these Terms of Use, Apple will have the right
(and will be deemed to have accepted the right) to enforce these Terms of Use
against you as a third party beneficiary hereof.
Developer
Name and Address
This Site, including the App, was
developed by Orion Food Systems Holdings, LLC with an address of 2930 W Maple
St, Sioux Falls, SD 57107.
How
to Contact Us
If you have any
questions, complaints or claims about this Site, please contact us as follows:
OLM
Foods
2930
W. Maple St.
Sioux
Falls, SD 57107
United
States of America
Email:
[email protected]
These Terms of Use were last updated January
9, 2023.