TERMS AND CONDITIONS AGREEMENT
Automatedrt.com, portal.artjustbaked.com, reisandirvys.com, and justbakedKiosk.com (the “Websites”), and our automated food service kiosks branded as Reis & Irvy’s, Just Baked, and other (the “Kiosks”) are operated by Automated Retail Technologies, LLC., a Wyoming corporation (the “Company”). Throughout our Websites and Kiosks, the terms “we”, “us”, “our”, “R&I”, and “Just Baked” refer to the Company. We offer these Websites and automated food service kiosks, including all information, tools and services available from these Websites and Kiosks to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Websites, Kiosks, and/or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites as well as our automated Kiosks, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully. By accessing or using any part of the Websites and Kiosks, you agree to be bound by these Terms of Service. If you object or do not agree to all the terms and conditions of the Terms of Service, then you may not access the Websites, Kiosks, or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service were last updated February 2021.
Any new features or tools which are added to the current Websites and Kiosks shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. You must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites and Kiosks following the posting of any changes constitutes acceptance of those changes. Please print a copy of this document for your records. To retain an electronic copy of these Terms of Service, you may save it into any word processing program.
SECTION 1 – ELIGIBILITY AND GENERAL USE OF WEBSITE OR KIOSKS
You must be at least eighteen (18) years of age to use the Websites and Kiosks without parental or guardian consent. By using the Websites or Kiosks, you represent and warrant that: (a) you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions of these Terms of Service; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Websites or Kiosks through which the Services are provided, without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Our Websites and Kiosks may contain profile pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or upload content to the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
- Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
- Use language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to the Company’s values and mission.
- Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials/content in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in R&I’s sole discretion.
The Company reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the Websites, Kiosks or in any Communication Service will be viewed by the general public, and your comments and posts, and any information that you share, will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The content of the Websites and Kiosks are intended for informational purposes only. Although the Company exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Websites and Kiosks may contain typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing and/or availability. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), but we have no obligation to do so. We are not responsible if information made available on our Websites or Kiosks is not accurate, complete or current. The material on our Websites and Kiosks should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Websites or Kiosks is at your own risk. Our Websites and Kiosks may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our Websites and Kiosks.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 – PRODUCTS AND SERVICES
Certain products and Services may be available exclusively online through our Websites and Kiosks. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Websites and Kiosks. We cannot guarantee that the computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or services made on our Websites and Kiosks is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Websites and Kiosks (including, the release of new tools, resources and products). Such new features, products, and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on our Websites and Kiosks may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you provide any personal information or engage in any transaction. The Company does not control the privacy policies or practices of these websites. The Company provides these links solely for navigation convenience to visitors. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send photos, testimonials, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION / PASSWORDS / ACCOUNT SETTINGS
SECTION 11 – INTELLECTUAL PROPERTY AND LICENSE/WEBSITE/KIOSK ACCESS
The Company owns and retains all proprietary rights in our Websites and Kiosks (except as provided below). Except for Submissions (as defined below) or as otherwise expressly noted, all products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips, Kiosk hardware and other materials that appear as part of our Websites and Kiosks as well as the selection, arrangement and organization of the foregoing and the Websites as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the Company or its licensors/suppliers. All software used on our Websites and Kiosks is the property of the Company or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
The mark “reisandirvys”, “justbaked”, and other Website and Kiosk graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on our Websites and Kiosks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. References on our Websites and Kiosks to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the Company.
SECTION 12 – MATERIALS PROVIDED TO THE COMPANY OR POSTED AT ANY WEBSITE OR KIOSK
The Company does not claim ownership of the content/materials you provide to the Company (including photographs, feedback, testimonials and suggestions) or post, upload, input or submit to any Website or Kiosk or its associated services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name, portrait, photograph or likeness in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SECTION 13 – METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
The Company expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of the Company’s trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to our Websites, or any page or portion thereof, without the prior written consent of the Company is expressly prohibited. Likewise, framing, in-line linking or other methods of association on our Websites or its content with any other site, advertisement, link or other information or materials not originating from our Websites is expressly prohibited, unless specifically authorized or in writing as required by the Company.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY (INCLUDING OWNERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF THE COMPANY) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING OUR WEBSITES, KIOSKS, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH OUR WEBSITES AND KIOSKS. THE WEBSITES, KIOSKS, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES AND KIOSKS ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITES, KIOSKS, OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITES AND KIOSKS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF ANY SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THE WEBSITES AND KIOSKS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT OUR WEBSITES AND KIOSKS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT OUR WEBSITES AND KIOSKS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT THE COMPANY IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE, OR LISTING THIRD PARTY INFORMATION, ON THE WEBSITES AND KIOSKS IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITES, KIOSKS, OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH OUR WEBSITES AND KIOSKS, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN OUR WEBSITES AND KIOSKS, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITES, KIOSKS, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF R&I WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, KIOSKS, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICES OFFERED THROUGH THE WEBSITES AND KIOSKS IS APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, and any parent, subsidiaries, affiliates, partners, members, shareholders, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Websites or Kiosks, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Services and/or your use of the Websites and Kiosks, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Websites, Kiosks, or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Websites and/or Kiosks you expressly agree that if there is any dispute arising out of the Websites, Kiosks, and/or the transactions occurring on our Websites and Kiosks, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms of Service or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on our Websites. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites and Kiosks. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites, Kiosks, or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
SECTION 22.1 – CONSENT
The information that the Company collects from you depends upon your interactions with us, our Websites and Kiosks. For example, if you choose to contact us with a question, the Company will collect your first and last name, company name, telephone number, email address, country, city, state, postal code, interest, and any other information you provide us in the questions and comments section of the “Contact Us” form.
If you consent to provide your information for purposes of staying in touch with you to provide loyalty offerings, promotions, and other promotional and marketing communications, then we will collect your email address and/or your mobile phone number. If you subsequently wish to opt-out of marketing communications, please see “How do I withdraw my consent” below.
If you consent to our use and deployment of internet cookies, we collect certain statistical information about you while you interact and browse our Websites. This information includes the web address that you were viewing immediately prior to arriving at the Website, the web address you visit next (whether the URL is on our site or not), the browser type you are using, the type of computing device you are using, information about your internet provider, a unique identification number, your language preference, country, and internet protocol (“IP”) address.
How do I withdraw my consent?
If you would like to review, correct, update, suppress, or delete any of the personal information you have provided us, please contact us using the information listed under the heading “Contact Us.” Please clearly describe your request and include enough details so that we may be able to locate your information, or in the alternative, contact you (to the extent not prohibited by applicable law) to verify your request or to obtain additional information necessary to complete your request.
SECTION 22.2 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. We may also disclose a portion of your personal information such as email address and mobile phone numbers outside the Company to third-party providers for purposes of marketing communications as outlined in Section 22.4 below. In these cases, the information you provide to the Company is optional, and you may opt-out at any time in order to remove your information from further disclosure. To opt-out, please see the section above “How do I withdraw my consent?”.
SECTION 22.3 – THIRD-PARTY PAYMENT GATEWAYS
The Company has contractual relationships with third-party payment gateway systems for purposes of processing your payments in exchange for Services. In all cases, payment gateway systems provided for your use by the Company to accept and process payments in exchange Services offered by our Websites and Kiosks have been certified compliant with all applicable federal, state and local laws governing the security, privacy and protection of your personal financial information. Payment gateway devices and services offered by the Company are certified compliant with Payment Card Industry Data Security Standard (PCI DSS) security standards. To obtain copies of certifications, please contact us at: email@example.com.
It is the Company’s policy not to collect, acquire, or store your payment information. Your payment information is transmitted directly to our Payment Gateway devices, which are isolated from the Company’s own IT systems.
SECTION 22.4 – OTHER THIRD-PARTY SERVICES
In general, all other third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us, or based on your consent when you provided said information to us, including your email address and mobile phone number.
The Company contracts with other third-party service providers for certain services in connection with providing the services on our Websites and Kiosks, including web and data hosting, printing, delivery, and marketing service providers and communications. Our contract with these third parties limits their use of your personal information to the performance of their services to us. Personal information you provide to us is optional, and you may opt-out of our use of your information at any time by contacting firstname.lastname@example.org.
In connection with our use of internet cookies, as detailed in the foregoing section, we utilize Google Analytics. We receive compensation through Google Analytics for the information they collect through cookies. More information about Google Analytics is available by following the link in the foregoing section (Section 26).
SECTION 23 – INTENTIONALLY LEFT BLANK
SECTION 24 – INTENTIONALLY LEFT BLANK
SECTION 25 – SECURITY
The Company has endeavored to create a secure and reliable Website and Kiosk experience, but please be advised that the confidentiality of any communication or material transmitted to or from the Company via the Company’s Websites, Kiosks, or by email cannot be guaranteed. You should remain mindful of the fact that disclosing any personal information over the internet could be intercepted and made accessible to the public and consequently, collected and used by others. The Company has no responsibility or liability for the security of information transmitted over the internet.
SECTION 26 – COOKIES
SECTION 27 – AGE OF CONSENT
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13.
We do not knowingly solicit information from or otherwise market to minor children (anyone under the age of 18 or legally defined as a minor under applicable law). If you are under 18 years of age or otherwise classified as a minor, you should not provide any information to us. If a minor child has provided us with personal information, the child’s parent or guardian should contact us using the information provided below to have us delete such information from our records.
If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
SECTION 29 – SENSITIVE INFORMATION
We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical condition or criminal background) on or through our Websites, Kiosks or otherwise to us.
SECTION 30 – CALIFORNIA CONSUMER PRIVACY ACT
Section 30.1 – A California Consumer’s Right to Request Access
Effective January 1, 2020, a California resident has the right to request a business that collects personal information about the consumer provide information regarding (1) the categories of personal information it has collected, (2) the categories of sources it has obtained personal information from about the consumer, (3) the business or commercial purposes for collecting or selling personal information, (4) the categories of third parties the business shares personal information with, and (5) the specific pieces of information it has collected about the consumer.
A California resident has the right to request the deletion of their personal information, which can be made by contacting us using the contact information under the heading “Contact Us.”
Section 30.2 – Right of a California Consumer to Request Information when Personal Information is Sold or Disclosed for a Business Purpose
A California consumer has the right to request of a business that sells or discloses the consumer’s personal information for a business purpose, to disclose to the consumer: (1) the categories of personal information that the business has collected about the consumer, (2) the categories of personal information the business has sold about the consumer and the categories of third parties to whom such personal information was sold, and (3) the categories of personal information that the business disclosed about the consumer for a business purpose.
Section 30.3 – California Consumer’s Right not to be Discriminated Against for Exercising Data Rights
The CCPA prohibits a business from discriminating against a consumer on the basis that such consumer exercised their data rights. You may contact us to exercise any of the foregoing data rights by using the information provided under the heading “Contact Us.”
SECTION 31 – EUROPEAN UNION DATA RIGHTS
The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) requires us to provide an EU data subject with certain information when their personal data is collected. References in this section to terms such as “controller,” “personal data,” “processor,” and “supervisory authority” are intended to refer to and have the same meanings conferred to those terms in Regulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016.
- The controller of personal data is .
- The Company is located in the United States. Any personal data transferred outside of the EU or the European Economic Area will be done so in accordance with applicable privacy laws and regulations and using approved mechanisms for transferring personal data, including the model clauses approved by the European Commission.
- The personal data we collect is stored for 3,650 days after the date of collection.
- Depending upon the function that you seek to utilize on our Websites and Kiosks, personal data we seek to collect from you will be deemed as either “required” or “optional.” Where we indicate that certain personal data is required to complete a particular function on our websites, such as indicating your interest to become an authorized dealer, such information is necessary for us to provide the requested service or to fulfill the particular request. If you choose against providing us with the information that is designated as being required, you will not be permitted to complete the request.
- EU data subjects are entitled to certain data rights under the GDPR, including (1) the right to request access to personal data, (2) the right to request rectification of inaccurate information we may have about you, (3) the right to object to a processing activity in certain circumstances, (4) the right to data portability for the personal data we maintain about you, (5) the right to have your personal data erased or deleted, (6) the right to impose a restriction on our processing of your personal data under certain circumstances, (7) the right to make a complaint against us with a supervisory authority; and (8) to the extent our processing of your personal data is based upon our consent, you have the right to withdraw that consent at any time. You may exercise any of your data rights by contacting us using the information provided below.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at:
Automated Retail Technologies, LLC
50 Central Ave., Suite 800
Sarasota, FL. 34236