Using the App constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the App has the same effect as manually signing this agreement with Friendly Express and creates a valid, binding contract between you and Friendly Express. If you do not agree to the terms of this Agreement, do not use the App. The terms of this Agreement may change from time to time. Your continued use of the App after changes to the terms are made is deemed to be acceptance of those changes.
App Definition and Use
The “App” shall mean the Friendly Express Mobile Application, the Friendly Express website, and their respective associated contents and functionality related to Friendly Express stores, products, and services including, but not limited to, pricing and availability, store specials or promotions, store locations, and rewards programs. The App is the property of Friendly Express and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to use the App provided you do not violate this Agreement or any third party rights.
Friendly Express reserves the right, at its discretion, to refuse access to the App or to take any other appropriate action if it believes that a user’s conduct is in violation of applicable law or this Agreement. Friendly Express reserves the right to withdraw or amend the App, and any service or material provided on the App, in our sole discretion without notice.
Prohibited Use of the App
You agree that all information you provide using the App is correct, current and complete. As an express condition of your use of the App, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement, as the same could lead to criminal or civil prosecution. Also, you agree not to use the App in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use.
Product and Service Information
The information and material presented on or through the App may contain information related to Friendly Express and its products or services, including pricing, availability, and promotions. Friendly Express makes no warranties or guarantees that such information is accurate or that each service product, service, or promotion will be available at a specific price or time or at every store location.
The App may contain opportunities to provide your electronic signature, such as when applying for a Friendly Express Payment Card or Express Points card. "Electronic signature" means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation "I Accept" checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the App is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature.
Account IDs & Passwords
To access certain portions of the App or resources offered through the App, such as Express Points program user account information, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords ("Account IDs").
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the App through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Friendly Express or third parties may suspend your access to the App pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Friendly Express immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Friendly Express will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Third Party Sites and Content
FRIENDLY EXPRESS® is a mark owned by Friendly Express and may not be used without the express written permission of Friendly Express. There may be other trademarks, service marks, trade names and/or trade dress on the App owned by Friendly Express. You may not use any Friendly Express trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Friendly Express and such use must adhere to Friendly Express’ instructions and guidelines, and applicable law.
To assist and inform you and other users of our App, Friendly Express may make licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the App, such as for store products or services. Friendly Express makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Friendly Express’ use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.
All software and content included on the App, including all text, graphics, logos and images, are owned by Friendly Express or third parties and are protected by United States and/or international copyright laws. Any use of the App including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the App is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the App.
The App utilizes geo-location services when you allow the App to access your location via your mobile device, for example to locate a nearby Friendly Express store. In the event you elect to provide Friendly Express with access your location, Friendly Express may provide services available through the App to you, market additional products and services to you, and conduct internal research based on your current location. Further, by electing to provide Friendly Express with access to your location, you consent to the collection, use, sharing, and transfer of your geo-location data with Friendly Express and third-parties associated with Friendly Express.
Disclaimer of Representations and Warranties
THE APP IS PROVIDED BY FRIENDLY EXPRESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS OF THE APP ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE. FRIENDLY EXPRESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE APP. TO THE FULL EXTENT PERMITTED BY LAW, FRIENDLY EXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. FRIENDLY EXPRESS MAKES NO WARRANTIES THAT USE OF THE APP OR SERVICES AVAILABLE ON THE APP WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, FRIENDLY EXPRESS DOES NOT WARRANT THAT ANY CONTENT OF THE APP IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRIENDLY EXPRESS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS.
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE APP, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.
Limitation of Liability
FRIENDLY EXPRESS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE APP OR SERVICES AVAILABLE ON THE APP, THE UNAVAILABILITY OF THE APP OR THIRD PARTY WEBSITES, DAMAGE TO YOUR MOBILE DEVICE, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF FRIENDLY EXPRESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. FRIENDLY EXPRESS’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ALL CLAIMS, OBLIGATIONS, OR CAUSES OF ACTION ON A CUMULATIVE BASIS, WILL NOT, IN ANY EVENT, EXCEED ONE DOLLAR ($1.00).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE APP.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FRIENDLY EXPRESS. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE APP OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
Modification and Effectiveness
Friendly Express may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the App. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the App so that you are aware of any modifications made. Usage of the App means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to use the App following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the App.
Certain portions of this section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Friendly Express agree this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the App (collectively, "Dispute"), then you agree the Dispute shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Georgia. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND FRIENDLY EXPRESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Friendly Express regarding the App, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the App, the content, products or services provided by or through the App. No Friendly Express consent or approval may be deemed to have been granted by Friendly Express without being in writing and signed by an officer of Friendly Express. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Friendly Express may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Friendly Express.
Information Collected Automatically
We and our Service Providers (defined below) may automatically collect certain usage information about you when you access or use the App, which may include IP address; device identifier; Ad ID; browser type; operating system characteristics; information about your use of the App; and data regarding network connected hardware (e.g., mobile device). This information does not identify you personally.
Information You Provide Us
We and our Service Providers collect information you provide to us directly via the App. This information may include personal information such as your name, address, telephone number, email address, and other information, in connection with services and products available or described on the App when you choose to provide such information. For example, we collect information in connection with, but not limited to: the Friendly Express Payment Card, The Friendly Express Express Points program, and user submissions of comments via “Feedback” on the App to Friendly Express about, for example, Friendly Express stores, products, services, or programs.
We may collect information you provide to us for financial transactions such as purchases of products or services related to Friendly Express through the use of third party payment services such as Zipline (NPCA), or to register or apply for a Friendly Express Payment Card. The information collected for such financial transactions may include your name, address, phone number, mobile phone number, email address, drivers license number, state of issuance of drivers license, date of birth, social security number, bank routing number, or bank account number.
Information From Other Sources
In addition, we may obtain information about you from other sources and combine that with information we collect about you. This information may include, where permitted by law, personal information such as your name, address, email address, social security number, date of birth, and other information from the third party Service Providers hosting the foregoing when you choose to provide the information in connection with the any Friendly Express services, including, without limitation, the Friendly Express Payment Card.
Consent to Use Information
By providing information into any of the above areas, including personal information, you grant us permission to use such information for our business purposes including products or services. Further, we may contact you to obtain information regarding your opinion, requests, questions, comments or other information you have provided, such as comments provided through the “Feedback” portion of the App.
How We Disclose Information We Collect
How We Protect Your Information
Friendly Express does not warrant the security of your information. However, we utilize a variety of security controls to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Periodically, our controls are reviewed for security, confidentiality and quality. In general, our business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.
Electronic Communications from Friendly Express
You may be given the opportunity to consent and request to receive from Friendly Express and/or its third party Service Providers, by electronic delivery (which includes, but is not limited to, email or text message), promotional and marketing information and materials, documents, and any other communications ("Electronic Communications”). The App may send you Electronic Communications such as push notifications or in-app messages that may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you.
Your consent is your specific agreement that Electronic Communications provided by Friendly Express are reasonable and proper for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep.
Your current valid contact information will be required in order for you to receive Electronic Communications from Friendly Express. You must also download the App to receive push messaging. It is your responsibility to ensure the accuracy of your contact information. You may request a paper version of any agreement to which your electronic signature applies. To request a paper copy contact us at firstname.lastname@example.org.
You have the right to withdraw your consent to receive Electronic Communications from Friendly Express. You acknowledge and agree that Friendly Express has the right to restrict or terminate your access to certain aspects of the App if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at email@example.com.
Opt-out; Access & Correction of Information
You may access or correct your information, if any, using the App (in Android version, go to SettingsAboutContact Us for Support; in Apple version, go to SettingsAbout This AppContact Us), or by contacting us at firstname.lastname@example.org.
The App is intended for a general audience and not directed to children less than thirteen (13) years of age. We will not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If we become aware that a child under the age of thirteen (13) has provided personal information to us through our Online Properties, we will delete it from our files. If you are under the age of thirteen (13), please do not attempt to provide any personal information on our App. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at email@example.com and we will take appropriate steps to remove such information from our files.
Friendly Express routinely retains electronic messages and uses encryption/security software, but Friendly Express cannot completely ensure the security and privacy of electronic messaging to and from Friendly Express. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to Friendly Express that you consider sensitive or confidential.
Release and Limitations
By using the App, you release Friendly Express from and agree that Friendly Express is not responsible for: (i) any disclosure of personal information made by you to a Service Provider through your use of the App; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.
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LAST UPDATED March 2017