Fig Terms of Use
Last updated September 22, 2020
Introduction
These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the
websites, software applications, and other online services (collectively, the “Service”) provided by Ahara
Biosciences, Inc. under the brand name Fig and Food is Good (“Fig”). The Service includes, but is not limited
to, the Fig extension for desktop web browsers and the website located at www.foodisgood.com (the “Website”).
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are
a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are
a “Member” (which means that you have registered to create an account with Fig). The term “you” or “User” refers
to a Visitor or a Member. The term “we” or “our” refers to Fig. You may not use the Service and you may not
accept this Agreement if you are not of a legal age to form a binding contract with Fig. If you accept this
Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a
company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please
don’t use the Service.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
For information about Fig’s privacy and data protection practices, please read Fig’s Privacy Policy found at https://www.foodisgood.com/privacy. Our privacy policy explains how Fig collects, uses and shares your information that you provide when you
access the Service. By using the Service, you consent to Fig’s collection, use, and sharing of your
information as set forth in our privacy policy.
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain food
items, products, and recipes that may comply with a User’s dietary restrictions and preferences.
The Service is provided to you by Fig as a free service. We work on your behalf with the aim of helping you find good food quickly and easily.
Any product viewed on a third-party merchant linked from the Fig Website are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Fig. Fig is not a re-seller or distributor of any products of third-party merchants displayed within the Fig Website.
You agree that your purchase from a third-party merchant linked from the Fig Website is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that Fig is in no way responsible or liable to you for any products you purchase from a merchant linked from the Fig Website, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions, ingredients, or nutrition facts.
You acknowledge and agree that Fig is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry.
While we attempt to be as accurate as we can in our descriptions, ingredient information, and nutritional information for the products shown within the Fig Website, we do not warrant that such product information or related merchant information or terms shown within the Fig Website and Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Fig Website at a particular time does not imply or warrant that these products will be available at any other time.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Fig Website. We do not guarantee that the Fig Website can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Fig Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.
The Service is provided to you by Fig as a free service. We work on your behalf with the aim of helping you find good food quickly and easily.
Any product viewed on a third-party merchant linked from the Fig Website are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Fig. Fig is not a re-seller or distributor of any products of third-party merchants displayed within the Fig Website.
You agree that your purchase from a third-party merchant linked from the Fig Website is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that Fig is in no way responsible or liable to you for any products you purchase from a merchant linked from the Fig Website, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions, ingredients, or nutrition facts.
You acknowledge and agree that Fig is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry.
While we attempt to be as accurate as we can in our descriptions, ingredient information, and nutritional information for the products shown within the Fig Website, we do not warrant that such product information or related merchant information or terms shown within the Fig Website and Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Fig Website at a particular time does not imply or warrant that these products will be available at any other time.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Fig Website. We do not guarantee that the Fig Website can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Fig Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.
Account Information from Third Party Sites
With the Service, Members may direct Fig to interact with existing accounts they own and that are maintained
online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their
accounts on the websites of specific merchants. Fig makes no effort to review the Third Party Accounts for any
purpose, including but not limited to accuracy, legality or non- infringement. Fig is not responsible for the
products and services offered by or on third-party sites. If your permission settings allow it, Fig may import
information from your Third Party Accounts to help better offer the Services to you. Fig does not control the
policies and practices of any third-party site or service, including any Third Party Accounts you connect to the
Services.
Fig cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Fig cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Fig cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Fig cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which,
together with your Login ID email address, allows you to access the Service. That Login ID and password,
together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe“ in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Fig immediately.
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe“ in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Fig immediately.
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or
access the Services.
Infringes or violates the intellectual property rights or any other rights of anyone else (including Fig);
1.
Violates any law or regulation or this Agreement;
2.
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
3.
Jeopardizes the security of your Fig account or anyone else’s (such as allowing someone else to log in to the
Services as you);
4.
Attempts, in any manner, to obtain the password, account, or other security information from any other User;
5.
Violates the security of any computer network, or cracks any passwords or security encryption codes;
6.
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through
use of manual or automated means);
8.
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or
information of or relating to the Services; or
10.
Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections
of the Service.
11.
Copies or stores any significant portion of the Content;
9.
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are
activated while you are not logged into the Services, or that otherwise interfere with the proper working of the
Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the
navigational structure or presentation of the Service;
7.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person
or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial
purposes. Subject to your compliance with this Agreement, Fig hereby grants to you, a personal, worldwide,
non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and
content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a
single copy of our software for such use.
Accurate records enable Fig to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Fig. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that Fig may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).
As is further detailed in our privacy policy, Fig collects information about the websites that you visit in order to create a better user experience for you and other Fig users. Examples of this type of information include information about the products your browser visits, including the current product prices, ingredient information, nutritional information, and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your ability to find good food quickly and easily we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
Accurate records enable Fig to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Fig. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that Fig may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).
As is further detailed in our privacy policy, Fig collects information about the websites that you visit in order to create a better user experience for you and other Fig users. Examples of this type of information include information about the products your browser visits, including the current product prices, ingredient information, nutritional information, and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your ability to find good food quickly and easily we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
Electronic Notifications
Fig may from time to time provide automatic notifications and voluntary account-related notifications, as
further explained below and subject always to our privacy policy. Our basic operating point of view is to do
everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications
and provide configuration switches to limit unwanted communications.
Automatic notifications may be sent to you following certain changes made online to your Fig account, such as a change in your Registration Information.
Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Fig may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Fig login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
Automatic notifications may be sent to you following certain changes made online to your Fig account, such as a change in your Registration Information.
Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Fig may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Fig login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other
content to Fig through the Service, then (except for User Content, to which the specific rules below apply) you
hereby give Fig permission to use that content solely for the purpose of providing the Service. Fig may use and
store the content, but only to provide the Service to you. By submitting this content to Fig, you represent that
you are entitled to submit it to Fig for use for this purpose, without any obligation by Fig to pay any fees or
other limitations.
Fig's Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button
icons), photographs, editorial content, notices, software (including html-based computer programs) and other
material are protected under copyright, trademark and other laws. The contents of the Service belong or are
licensed to Fig or its software or content suppliers. Fig grants you the right to view and use the Service
subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the
Service other than as expressly permitted in this Agreement and without our prior written consent, is
prohibited. If you would like to request such permission, shoot us an email at info@foodisgood.com.
Access and Interference
You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to
have to list all of these things here, so don’t make us.
You are responsible for all User Content you submit to the Service.
•
By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a
perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User
Content in connection with the Service and our business, including without limitation for promoting and
redistributing part or all of the site (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each User a non-exclusive license to access and use your User Content through
the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User
Content as permitted through the functionality of the Service and under this Agreement.
•
You may not post or transmit any message, data, image or program that would violate the property rights of
others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used in an infringing fashion.
•
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal
flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another
person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or
that negatively affects the availability of the Service to others.
•
Rules for Posting Content
As part of the Service, Fig may allow Members to post content on various publicly available locations in the
Service (“User Content”). You agree in posting User Content to follow the following rules:
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE
SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS
AVAILABLE” BASIS. Fig MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT
OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK.
FIG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FIG MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
FIG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FIG MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
Notification Disclaimer
You understand and agree that any notifications provided to you through the Service may be delayed or prevented
by a variety of factors. Fig does its best to provide notifications in a timely manner with accurate
information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You
also agree that Fig shall not be liable for any delays, failure to deliver, or misdirected delivery of any
notification; for any errors in the content of a notification; or for any actions taken or not taken by you or
any third-party in reliance on a notification.
Limitations on Fig's Liability
HERE WE GO AGAIN:
FIG SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF FIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FIG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FIG SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
FIG SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF FIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FIG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FIG SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of Fig
You shall defend, indemnify and hold harmless Fig and its officers, directors, shareholders, and employees, from
and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in
whole or in part arising out of or attributable to your use of the Service (including any purchases you make
within the Fig Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of
a third-party when using the Service.
your account will be closed, and your ability to log in deactivated; and
•
any data in our records will be retained subject to our privacy policy.
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Fig may immediately, at any time, terminate this Agreement (and therefore your right to access and use the
Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration
Information.
Ending your Relationship with Fig (and vice versa)
This Agreement will continue to apply until terminated by either you or Fig as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Fig and stop visiting our Website and using other Services.
Email removeaccount@foodisgood.com to cancel your account. Upon doing so:
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Fig and stop visiting our Website and using other Services.
Email removeaccount@foodisgood.com to cancel your account. Upon doing so:
Modifications
Fig may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the
Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the
Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be
retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification).
If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate
this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when
you use the Service after those changes are posted.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY)
WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR
USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND
YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY
MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER
APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN
ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT
MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 135 Madison Ave. New York, NY, 10016.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND Fig ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Fig and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to privacy@foodisgood.com within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 135 Madison Ave. New York, NY, 10016.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND Fig ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Fig and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to privacy@foodisgood.com within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Governing Law and Forum for Disputes
This Agreement, and your relationship with Fig under this Agreement, shall be governed by the laws of the State
of New York in the United States of America without regard to its conflict or choice of laws provisions. Any
dispute with Fig, or its officers, directors, employees, agents or affiliates, arising under or in relation to
this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER
clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which
case Fig may seek such relief in any court with jurisdiction over the parties. You understand that, in return
for agreement to this provision, Fig is able to offer the Service at the terms designated, with little or no
charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Fig, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
You also acknowledge and understand that, with respect to any dispute with Fig, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
•
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY
SUCH DISPUTE.
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Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service
providers, like Fig, being asked to remove user generated material that allegedly violates someone’s
copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User
Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more
about the DMCA, here.
Consumer Rights Notices
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service
receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
Maryland Consumer Rights Notice. For Members using Fig’s checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136.
Maryland Consumer Rights Notice. For Members using Fig’s checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only
that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Fig does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Fig has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fig’s rights and that those rights or remedies will still be available to Fig.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
You agree that if Fig does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Fig has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fig’s rights and that those rights or remedies will still be available to Fig.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Contact Us
Fig welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at info@foodisgood.com or writing us at 135 Madison Ave, New York, NY 10016.
