TERMS OF USE
‍Thank you for visiting this website, which is owned and operated by Foodsby, Inc. (“Foodsby,” “we,” “us” and “our”). These Terms of Use govern your use of the publicly available portions of this website (this “Site”). The password-protected portions of this website are intended to be used only by our clients and are governed by separate contractual agreements.
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PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH FOODSBY PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING THE SITE. ALL SERVICES PROVIDED BY FOODSBY ON THE SITE ARE COLLECTIVELY REFERRED TO AS “FOODSBY SERVICES.” BY ACCESSING, BROWSING AND/OR USING OUR WEB SITE AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE.

‍Ownership and Protection of Intellectual Property Rights
‍The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Foodsby, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.Except as expressly authorized by Foodsby, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.

‍Changes to This Agreement
‍Foodsby may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use. These Terms of Use were last updated on April 1, 2024.

‍Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy https://www.foodsby.com/main/privacy-policy/which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

‍Other Policies
‍Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.

‍License Grant to Access Content on Our Site
‍You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Foodsby Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Foodsby or the copyright holder identified in the relevant copyright notice. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Foodsby’s content or under any third party’s content. Any rights not expressly granted herein are reserved. If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.

‍Your Obligations
‍In consideration of your use of this Site, you agree that to the extent you provide personal information to Foodsby it will be true, accurate, current, and complete and that you will update all personal information as necessary.
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To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
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You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

‍No Automated Querying
‍You may not send automated queries of any sort to our site without express advance written permission from Foodsby. Note that “sending automated queries” includes, among other things:using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;“meta-searching”; andperforming “offline” searches on the Foodsby web site

‍Responsibility for User-Generated Content Posted on or Through this Site
In these Terms of Use, the terms “User-Generated Content” and “UGC” refer to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other Content you post using the social networking tools we make available to you and that does not constitute “Feedback,” which is defined below.
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You are responsible for User-Generated Content that you post.
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Under no circumstances will we be liable in any way for any UGC. This means that you, not Foodsby, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
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Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Foodsby or any person or entity associated with Foodsby.
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You own User-Generated Content, but we may use it.
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You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
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We may disclose and/or remove User-Generated Content.
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Foodsby has certain rights. We have the right (but do not assume the obligation) to:
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monitor all UGC;
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require that you avoid certain subjects;
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remove or block any UGC at any time without notice at our sole and absolute discretion;
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disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Foodsby or others, or to enforce these Terms of Use;
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and terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
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Restrictions on User-Generated Content.
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It is a condition of these Terms of Use that you do not:
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upload, post, transmit or otherwise make available:

any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous,

defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

any UGC that constitutes or encourages activity illegal under criminal or civil law;

any UGC that is false, misleading, or fraudulent;any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;

any request for or solicitation of any personal or private information from any individual;

any request for or solicitation of money, goods, or services for private gain;

any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
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Removal of Content
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In general.
‍You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
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Violation of copyrights.
Foodsby does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
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If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
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an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:
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Foodsby, Inc.
1015 Glenwood Avenue
Minneapolis, MN 55405

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
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Your Feedback
In these Terms of Use, the term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
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Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

‍Passwords and Security
‍Access to certain Foodsby Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Foodsby immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Foodsby cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

‍Links to Other Web Sites
‍A central part of the Foodsby Services includes links to other World Wide Web sites or resources, including our third-party nightclub sponsors. Because Foodsby has no control over such sites and resources, you acknowledge and agree that Foodsby is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Foodsby shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.

‍Your Contact with Advertisers or Third-Party Vendors
‍Your dealings with advertisers and third-party vendors found on or through the Foodsby Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Foodsby does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Foodsby will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Foodsby has no control and which will govern your rights and obligations with respect to the use of those Web sites.

‍Compliance with Laws
‍You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

‍Modifications to Foodsby Services
‍Foodsby reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Foodsby Services (or any part thereof) with or without notice. You agree that Foodsby will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Foodsby Services.

‍Termination of Your Access to Foodsby Services
‍You agree that Foodsby, in its sole discretion, may terminate your access to any of the Foodsby Services, and/or remove, discard or modify any User Generated Content or content within the Service, for any reason, including, without limitation, for lack of use or if Foodsby believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Foodsby Services may be affected without prior notice, and acknowledge and agree that Foodsby may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Foodsby Services. If you use the Site in violation of this Agreement, Foodsby may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Foodsby shall not be liable to you or any third party for the discontinuation or termination of your access to the Foodsby Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

‍Information Disclaimer and Disclaimer of Warranties
‍BY USING FOODSBY SERVICES YOU UNDERSTAND AND AGREE THAT:
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1. Foodsby does not prepare, LABEL, sell, store, TRANSPORT, DELIVER or distribute food or beverages, but merely provides a convenient ordering system for you to obtain food and/ or beverages from third party vendors. Foodsby is not responsible for the safety or quality of the food or beverages, OR FOR THEIR INGREDIENTS, LABELING OR PACKAGING, prepared AND/or delivered by third party vendors or for any activities that are the direct or indirect consequences of third party vendors’ food preparation, labeling, transport or delivery.

2. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, HEALTH, SAFETY-RELATED, FINANCIAL, LEGAL OR OTHERWISE. FOODSBY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.

3. YOUR USE OF THE FOODSBY SERVICES IS AT YOUR SOLE RISK. THE FOODSBY SERVICES, AND FOODS PROVIDED BY THIRD PARTY VENDORS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOODSBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE ORDERING, PROPER HANDLING, USE AND CONSUMPTION OF THE FOOD YOU RECEIVE FROM THIRD PARTIES.

4. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH FOOD. IF YOU HAVE FOOD ALLERGIES OR INGREDIENT QUESTIONS OR CONCERNS, PLEASE DIRECT THOS QUESTIONS TO THE VENDOR.

5. FOODSBY MAKES NO REPRESENTATION OR WARRANTY THAT FOODSBY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE FOODSBY SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOODSBY SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY FOOD, BEVERAGES, POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH FOODSBY SERVICES WILL MEET YOUR NEEDS.

6. ANY MATERIAL OBTAINED THROUGH THE USE OF FOODSBY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

7. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE FOODSBY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Limitation of Liability
‍YOU UNDERSTAND AND AGREE THAT FOODSBY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, FOODSBY SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR FOODSBY SERVICES, INCLUDING ORDERING FOODS SERVICE FROM THIRD PARTIES THROUGH THE SITE OR ANY CLAIMS OF ILLNESS OR INJURY RESULTING FROM FOOD PURCHASED THROUGH THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT FOODSBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL FOODSBY’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

‍Indemnification of Foodsby
‍To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Foodsby, its subsidiaries, and affiliates, and their respective past, present, and future officers, directors, employees and agents from and against any and all actual and alleged liability, losses, claims, demands, disputes, damages, awards, judgments, obligations, penalties, interest, fees, expenses, or costs of any kind, whether known or unknown, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Foodsby Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party, including any of our third party partners from whom you order food service. Foodsby shall have no liability to the extent that any suit or claim arises from or was caused by the negligence or willful misconduct of any of any third-party vendor, a defective food product prepared, labeled, transported or delivered by third party vendor, or the third-party vendor’s violation of local, state or federal laws or regulations.

‍Trademark Notices
‍The FOODSBY mark and the Foodsby logo are trademarks of Foodsby, Inc. All rights reserved. All other trademarks and logos on this site are the property of their respective owners.

‍Images
‍The images referenced, made accessible or made available to you on the Site or by means of the Foodsby Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through Foodsby Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Foodsby. Foodsby cannot give you authorization to use the copyrighted images. Foodsby cannot guarantee that a search will not locate unintended or objectionable content and Foodsby accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Ask services, or for your use of such content.

‍Currency Conversions & Exchange Rates
‍Data and information is provided for informational purposes only, and is not intended for trading or other business purposes. Data provided may be delayed as specified by financial exchanges or our data providers. Foodsby does not guarantee the accuracy, timeliness, reliability or completeness of any currency conversion or other financial data. Neither Foodsby nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.

‍Food and Beverages
‍Foodsby does not prepare, label, sell, store, transport, deliver or distribute food or beverage, but merely provides a convenient ordering service for its users to obtain food and/or beverage from third party establishments. Foodsby is not responsible for the preparation, quality or safety of food or beverages ordered through the Site, or for their ingredients, labeling or packaging, or for any activities that are the direct or indirect consequences of ordering food or beverages through this service You specifically release Foodsby for all liability related to these activities and assume all risk in placing an order form a third-party food provider.

Delivery and Pickup
‍Foodsby and the third-party food providers will provide conditions for time and place of food pick-up that you must comply with as a condition of use of the Site and Foodsby Services. Delivered food may be left unattended in a designated delivery area in your building. You are responsible for complying with pickup instructions, including picking up food within stated timeframes within your order instructions. You must pick up your order promptly after delivery and consume promptly or refrigerate. Neither Foodsby or the food provider is responsible for missing orders, orders not promptly picked up, orders which have been tampered with or other issues related to the use of an unattended delivery area for your order. You assume the sole risk of ordering, picking up and consuming food and beverages ordered through the Site. Foodsby and food providers will specifically not be liable for food quality, or removal or purchased food if you do not comply with pickup time and location requirements.

No Other Agreements Between Us
‍With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Foodsby for governing your use of our Site and Services and supersedes any prior agreements between you and Foodsby for that purpose, including any membership agreements or other similar agreements applying to our Site or Foodsby Services.

‍Law Applicable to Interpretations and Disputes
‍This Agreement and the relationship between you and Foodsby are governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Foodsby agree to submit to the personal and exclusive jurisdiction of the Ramsey County MN courts.

‍Severability of This Agreement
‍If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

‍Limitation of Actions Brought Against Foodsby
‍You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Foodsby to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Foodsby at info@foodsby.com or by mail at:
1015 Glenwood Avenue
Minneapolis, MN 55405


Office Subscription Terms and Conditions 

The provisions set forth below, together with any special terms and conditions set forth in any order form (the“Order Form”) from Foodsby Inc. (“Foodsby”), are the terms and conditions upon which Foodsby will provide the Services, as defined below, to the company (the “Company”) referenced on the Order Form. Any inconsistency or conflict between the provisions of these office subscription terms and conditions (these “Subscription Terms”) and the terms set forth in any Order Form generated by Foodsby, or in any other document or agreement between Foodsby and the Company, shall be resolved in favor of the provisions of theseSubscription Terms. Foodsby and the Company each may be referred to as a “Party” and collectively as the “Parties.” All terms capitalized herein but not defined shall have the meaning ascribed to them on the Order Form.

1.            Services; Fees. As of the Effective Date, the Company hereby subscribes to Foodsby’s restaurant scheduling and delivery services (the “Services; Fees Services”) for the Term, , in which employees of the Company (each, a “Customer”)may purchase food and/or beverages from participating restaurants(each, a “Restaurant”)through Foodsby.com or through Foodsby’s mobile app. Each Restaurant is responsible for fulfilling and delivering all customer orders to the Company. Foodsby shall provide the Company with daily Restaurant options available to Customers. The Company shall pay Foodsby a flat fee(the “Fee”) for the Services in accordance with the Payment Terms set forth on the Order Form. The Company acknowledges and agrees that, upon execution of Foodsby’s Order Form, the Company may not cancel or terminate the Services for a full or partial refund of the Fee prior to the expiration of the Term without Foodsby’s prior written approval, which approval Foodsby may withhold in its sole discretion.

2.            Independent Contractor. Foodsby is an independent contractor the Company has engaged solely to perform the Services. Nothing in these Subscription Terms will be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party will have authority to enter into any agreement of any kind on behalf of the other, or otherwise to bind or obligate the other to any third party in any manner.

3.            Disclaimer. Foodsby does not prepare, label, sell, store, transport, deliver, or distribute food or beverages, but merely provides convenient ordering and scheduling services for its users to obtain food and/or beverages from third-party Restaurants. The Company acknowledges and agrees that Foodsby is not responsible for the preparation, quality, or safety of any food or beverages ordered through Foodsby’s website or app and delivered to the Company.
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4.            Company Insurance. The Company represents and warrants that, as of the Effective Date, it shall maintain, for so long as Foodsby provides the Services, adequate commercial general liability insurance and premises liability insurance policies with a reputable insurance carrier.

5.              Indemnification. The Company agrees to indemnify, defend, and hold harmless Foodsby, its subsidiaries, and affiliates, and its and their respective past, present, and future officers, directors, employees, and agents (collectively, the “Foodsby Parties”), or any of them, from and against all claims, liabilities, costs, damages and expenses (including attorneys’ fees) arising out of or sustained by the Foodsby Parties by reason of any third-party claim asserting negligence, willful misconduct, violation of law or breach of these Subscription Terms by any Restaurant, the Company, or the Company’s employees or agents. This Section 5 shall survive the expiration or termination of these Subscription Terms.

6.            Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FOODSBY AND THE FOODSBY PARTIES, OR ANY OF THEM, FOR ANY CLAIM UNDER THESE SUBSCRIPTION TERMS, WHETHER BASED IN BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OFACTION, IS LIMITED TO FIVE HUNDRED DOLLARS (US$500.00). UNDER NO CIRCUMSTANCES OR THEORY OF RECOVERY WILL FOODSBY OR THE FOODSBY PARTIES, OR ANY OF THEM, BE RESPONSIBLE FOR PUNITIVE DAMAGES OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF CAUSE OR THEORY. THE COMPANY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE THE COMPANY OF AN ADEQUATE REMEDY. The provisions of this Section 6 shall survive the expiration or termination of these Subscription Terms.

7.             Notice. All notices permitted or required to be given hereunder shall be deemed sufficient if given by:  (A) registered or certified mail, postage prepaid, return receipt requested, addressed to the respective addresses of the Parties as set forth on the Order Form or at such other addresses as the respective Parties may designate by like notice from time to time; or(B) electronic means of communication.  If given by mail, notices shall be effective upon receipt by the Party to which notice is given.  If given electronically, notices shall be effective one (1) business day after the actual receipt of the electronic transmission (with satisfactory evidence of delivery).

8.             Miscellaneous. (A) Entire Agreement; Amendment.  These Subscription Terms and the Order Form contain the entire agreement between the Parties with respect to the subject matter hereof and supersede all other prior understandings, negotiations and agreements, oral and written.  These Subscription Terms may be amended only by a written instrument, executed by both Parties.  (B) Assignment.  These Subscription Terms shall be binding upon the Parties and their respective successors, and to the extent permitted hereby, assigns.  The Company may not assign these Subscription Terms without the express written permission of Foodsby, in its sole discretion.  (C) Applicable Law; Venue.  These Subscription Terms shall be construed by, and controlled under the laws of, the State of Minnesota, without regard to Minnesota’s conflict of laws principles and without regard to the place of execution.  Each Party irrevocably submits to the jurisdiction and venue of any state and federal court located in Ramsey County, Minnesota. (D) Attorneys’ Fees and Costs.  In the event of any action to enforce these Subscription Terms, all costs and expenses(including reasonable attorneys’ fees) incurred by Foodsby in enforcing these Subscription Terms shall be assessed by the court against, and paid by, the Company.  (E) Survival.  In addition to all provisions of these Subscription Terms which expressly survive the expiration or termination of these Subscription Terms, all other rights and obligations created by these Subscription Terms which, by necessary implication, continue after its expiration or termination, shall survive such expiration or termination. The provisions of this Section 8 shall survive the expiration or termination of these Subscription Terms. (F) Waiver.  No delay or omission by either Party in the exercise of any right under these Subscription Terms shall operate as a waiver of that or any other right.  No provision of these Subscription Terms may be waived except by an agreement in writing signed by the Party granting such waiver. A waiver of any provision of these Subscription Terms shall not be construed as a subsequent waiver of that provision and/or a waiver of any other provision of these Subscription Terms.

9.             Preamble and Recitals.  The preamble and all recitals to these Subscription Terms as well as the terms defined therein, if any, are incorporated by reference into the body of these Subscription Terms.



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Gift Terms and Conditions
These Gift Terms and Conditions were updated on April 1, 2024
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‍The following Terms and Conditions (these “Terms”) apply to Foodsby Gifts:

‍You agree that Foodsby, Inc. (“Foodsby”) may provide notices, disclosures, and amendments to these Terms and other information relating to Gifts by electronic means, including by posting these materials online at www.foodsby.com.
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‍Generally.
‍Foodsby Gifts are codes with stored value offered by Foodsby. Gifts may be purchased, gifted and redeemed only at the Foodsby website located at www.foodsby.com (the “Site”)in accordance with then-current purchase, gifting, use and redemption instructions, limitations, restrictions, and other terms and conditions at the Site. Only Foodsby members in good standing may purchase, gift, use, and redeem Gifts. Upon redemption, a Gift retains any unused balance, and the funds remaining on a Gift code do not expire. Gift codes are not reloadable. No dormancy, inactivity, service or other fees are associated with a Gift. Gifts cannot be redeemed for cash, unless required by law. Gifts are subject to these Terms, as such are modified or replaced from time to time. Purchase, redemption or use of a Gift constitutes acceptance of all terms and conditions associated with a Gift, including these Terms, and any additional instructions, limitations, restrictions, terms, and conditions as set forth at the Site. Use of the Site is subject to the terms and conditions thereof, including the Site Terms of Use and Privacy Policy.

‍Purchase and Gifting; Valid Email Addresses.
‍Gifts may be purchased and gifted only at the Site. Eligible purchasers may be further limited as set forth at the Site. Follow the instructions at the Site for Gift purchases and identification of gift recipients. Gift recipients must be members in good standing of Foodsby with a valid email address associated with their membership. If a recipient is not a member, follow the instructions at the Site for a membership invitation to be sent to a potential Gift recipient. Foodsby is not responsible for Gifts that are undeliverable or not received due to the purchaser’s failure to enter an accurate and valid email address or for the intended recipient to maintain a valid email address. Please check to make sure the email address is correct and contact support@foodsby.com if you are encountering issues. Gifts are transferrable only by the initial purchaser of the Gift, and may only be gifted (transferred) as described above. Gifts are non-transferable after the initial gift transfer by the initial purchaser to the intended gift recipient. Gifts may not be resold.

‍Redemption and Use.
‍The recipient of a Gift will be notified by email from Foodsby of receipt of a Gift. Gifts will be posted to a recipient member’s Foodsby account pending redemption by the recipient. A Gift has no value until posted to the Foodsby account of a Foodsby member in good standing, and only then has value to apply to an eligible Foodsby order. Gifts may be redeemed only at the Site for food orders from participating restaurants at the time of placing an order at the Site. Follow the instructions at the Site for Gift redemption and use. When making an order, a recipient must choose to apply the Gift amount to an eligible order. Orders paid for with a Gift are subject to applicable sales tax. If the amount of a Gift does not cover the total purchase amount (including taxes), a user will need to pay for the remainder of the purchase with a valid form of payment at the time of purchase. Gifts may not be used for past orders or purchases; purchases of Gifts, gift cards or gift certificates; purchases on Foodsby Meeting; or payment for Foodsby Unlimited subscriptions. Not for promotional use. Gifts may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities of any kind(including, without limitation, on third-party websites; or with Internet, print, e-mail, telemarketing, direct mail or other advertisements and promotions, or radio, Internet or television broadcasts) without Foodsby’s prior written approval.

‍Limitation of Responsibility and Liability.
‍Treat Gift codes like cash. Foodsby is not responsible for (and will not replace) lost or stolen Gift(s), or Gift(s) used without a purchaser’s or recipient’s, as applicable, permission. Foodsby shall not have responsibility or liability for use of any Gift(s)by third parties through a purchaser’s or recipient’s Foodsby account. A Foodsby member is solely responsible for keeping the password for the member’s account safe and for any activity conducted under the member’s account.

FOODSBY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFTS OR CODES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ANY GIFT PURCHASER, RECIPIENT OR POTENTIAL RECIPIENT BE ENTITLED TO (AND SUCH PURCHASER, RECIPIENT OR POTENTIAL RECIPIENT WAIVES THE RIGHTS TO) PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

‍Compliance with Laws.
‍By purchasing, redeeming or using Gifts, a purchaser or recipient, as applicable, is certifying and representing to Foodsby that the activities in connection with such activities comply with these Terms, and all applicable laws, rules, and regulations, and that the Gifts will not be purchased, redeemed or used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Foodsby. A purchaser or recipient, as applicable, agrees to defend and indemnify Foodsby and its parents, subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with a purchaser’s or recipient’s purchase, redemption or use of Gifts or violation of any of these Terms.

‍Changes to Terms. 
Foodsby may change these Terms, and any other terms, conditions, instructions, limitations and restrictions applicable to Gifts from time to time at Foodsby’s sole discretion and without notice. Foodsby recommends reviewing these Terms, and the other terms, conditions, instructions, limitations and restrictions at the Site from time to time to review the then-current materials.

‍Issuer. 
Foodsby is the issuer of the Gifts and sole obligor to the Gift purchaser and recipient. Foodsby may delegate its issuer obligations to an assignee without recourse; if delegated, the assignee, and not Foodsby, will be the sole obligor to the Gift purchaser and recipient.

‍Laws. 
These Terms shall be governed by and interpreted in accordance with the laws of the State of Minnesota, without giving effect to principles of conflicts of law that would require the application of the laws of another jurisdiction.

‍Disputes. 
ANY DISPUTE, CLAIM OR CAUSE OF ACTION REGARDING GIFTS, OR THE PURCHASE, REDEMPTION OR USE THEREOF, OR THESE TERMS, SHALL BE BROUGHT (A)INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR COLLECTIVE ACTION, AND WITHOUT JOINDER OR CONSOLIDATION OF CLAIMS OF THIRD PARTIES, AND (B)EXCLUSIVELY BEFORE A SINGLE PRIVATE AND IMPARTIAL ARBITRATOR IN A CONFIDENTIAL, FINAL AND BINDING ARBITRATION HELD IN MINNEAPOLIS, MINNESOTAADMINISTERED BY THEAMERICAN ARBITRATION ASSOCIATION UNDER ITS THEN CURRENT COMMERCIAL ARBITRATION RULES; THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. ANY AWARD AND ANY CONFIRMING JUDGEMENT APPLIES ONLY TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE FURTHER USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

Questions? If you have any questions concerning these Terms, your E-Gift code balance(s), or other E-Gift information, please contact support@foodsby.com.
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Information About Third-Party Cookies and Interest-Based Advertising

In order to offer and provide a customized and personal service, we may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a web server and stored on your computer’s hard drive.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies. In general, we use cookies and other web technologies to:The information we collect in web server logs helps us administer the Site, analyze its usage, protect the website and its content from inappropriate use, and improve the user’s experience.
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Third Party Cookies
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In addition to the cookies we deliver to your computer or mobile or tablet device through our Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Site. To learn more about Google Analytics, click here.

Other third parties may deliver cookies to your computer or mobile or tablet device for the purpose of tracking your online behaviors across non affiliated websites and delivering targeted advertisements either on our Site or on other websites.

You have choices about the collection of information by third parties on our Site. For example, if you don’t want information about your visit to our Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt out of having interest-based information collected by certain entities during your visits to our Site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.
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Children’s Privacy‍

Services are not structured nor intended for users under 18 years of age. Accordingly, Foodsby will not knowingly collect or use any Personal Information from persons that Foodsby knows to be under the age of 18.
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Generally, the information we collect using these web technologies does not identify you personally. If, however, you have created a user account, we may link the information we collect using these web technologies to other information that identifies you personally.
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FOODSBY UNLIMITED Terms and Conditions
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FOODSBY UNLIMITED is an optional subscription-based membership. This membership subtracts the service fee on food ordered and purchased from Restaurants through Foodsby Services in exchange for a single monthly Membership Fee. It is available to eligible customers through invitation only at this time. If you enroll in FOODSBY UNLIMITED, you will not pay a service fee on qualifying food orders for as long as your membership continues EXCEPT on orders made through FOODSBY CATERING. This membership does NOT subtract the service fee on orders made through FOODSBY CATERING .

If you choose to subscribe to FOODSBY UNLIMITED, the following additional terms will apply:

Monthly Membership Period
‍Customers who are invited to join FOODSBY UNLIMITED will receive a limited-time invitation from FOODSBY. FOODSBY UNLIMITED monthly membership begins on the date when the customer accepts the invitation and is subscribed as a “Member”. The membership will continue for another calendar month and will then automatically renew for subsequent calendar months. In these Terms and Conditions, “Membership Period” refers to each calendar month during which a Member remains subscribed.

Membership Fees
‍The monthly fee the Customer pays for each Membership Period will be on their invitation. We may change the fee charged at any time with 30 days advance notice. FOODSBY will charge the monthly fee to the payment method that you have provided to us or to another payment method on file if the primary method fails.

Automatic Renewal
‍FOODSBY UNLIMITED will automatically renew for another calendar month at the end of the Customer's Membership Period and the Membership Fee will be automatically charged at the time of renewal.

Changes to Terms and Conditions
‍FOODSBY may change the Terms and Conditions applicable to FOODSBY UNLIMITED from time to time at FOODSBY‘S sole discretion. All FOODSBY UNLIMITED Memberships will immediately be subject to any changes to the Terms and Conditions.

Cancellation
‍Customer may cancel their Membership at any time from their profile. Customer must cancel their Membership before the renewal period to avoid billing for the next Membership Period. If Customer cancels their Membership, they will continue to have the delivery fee waived from their orders for the remainder of the current Membership Period. The customer will not receive a refund for the Membership Fee of the current Membership Period. Other Terms Customers FOODSBY UNLIMITED Membership cannot be transferred or assigned to another user. FOODSBY reserves the right to accept, refuse, or cancel Customer's FOODSBY UNLIMITED Membership at any time at FOODSBY'S sole discretion. If FOODSBY cancels Customer's FOODSBY UNLIMITED Membership, Customers will receive a refund of the Membership Fee on a pro-rata basis calculated from the end of the Membership Period during which the Membership was canceled.
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FOODSBY REWARDS

This Section sets forth the terms of the FOODSBY rewards program (“FOODSBY Rewards”) which is operated by FOODSBY. BY ACCESSING OR PARTICIPATING IN FOODSBY REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE FOODSBY REWARDS TERMS OF USE, DO NOT PARTICIPATE IN FOODSBY REWARDS. FOODSBY reserves the right to change, modify and/or eliminate FOODSBY Rewards, or any policy, FAQ, or guideline pertaining to FOODSBY Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www. FOODSBY.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in FOODSBY Rewards confirms your acceptance of, and agreement to be bound by, these FOODSBY Rewards terms, and any such changes or modifications; therefore, you should review these FOODSBY Rewards terms and applicable policies and FAQs and visit www. FOODSBY.com frequently to keep abreast of and understand the terms and conditions that apply to FOODSBY Rewards.

‍Foodsby Rewards can be earned in the form of a credit to your account.  You earn Credits through purchases, referring new users, placing orders on ‘Reserve’ deliveries that include multiple participants or other various means.  The amount of Credits you receive will be calculated as a percentage of your total purchase value. This percentage may vary and will be determined periodically. Taxes, coupons and Credits do not qualify to earn Credits. Credits are earned and awarded in fractional amounts depending on the value of your purchase. Generally, Credits for qualifying purchases from participating locations and deliveries are automatically added to your account within twenty-four (24) hours. If you return food that you purchased or receive a refund, any Credits you received as part of the initial purchase will be deducted from your Credit balance for the amount of the return or refund. Foodsby reserves the right to change how Credits are earned, deducted or rewarded, or any other terms related to Credits, such as Credits expiration, at any time and without advanced notice. 

‍EACH Credit HAS AN EXPIRATION DATE. You can view and track your Credit balance and available Credits by using the Foodsby mobile app or web browser. FOODSBY reserves the right to change redemption amounts required for Credit earnings at its sole discretion at any time, and to cancel the Credits program. You should visit www.Foodsby.com for the latest information on Foodsby Rewards. Miscellaneous: Your Rewards  and your account under Foodsby Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Foodsby Rewards account and that account is personal to you. Our fraud prevention system has a limit of one transaction per day per Rewards account identified via a phone number. Without notice to you, Foodsby reserves the right to suspend and/or terminate your account and/or your participation in Foodsby Rewards if Foodsby determines in its sole discretion that you have violated this Agreement, you have more than one (1) account, or that your account has been used in any unauthorized, deceptive, fraudulent or otherwise unlawful ways. Foodsby may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Foodsby Rewards is terminated, then all accumulated Rewards in your account are void. Without notice to you, Foodsby also reserves the right to void specific Rewards if Foodsby, in its sole discretion, determines that the Credits were earned through unauthorized, deceptive, fraudulent or otherwise unlawful means. Foodsby reserves the right to terminate, discontinue or cancel the Foodsby Rewards program at any time and in its sole discretion without notice to you, except as may be disclosed on www. Foodsby.com.   
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COMMUNICATION AND TEXT MESSAGES