Last Updated April 2021
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH
AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
2. LIMITED LICENSE.
Limited License Grant
4. INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES
5. CODE OF CONDUCT
You agree to comply with the following requirements (our "Code of Conduct") when you access Sistry Foods Services:
● You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download a Sistry Foods Service, including any terms regarding payment for Sistry Foods purchases and service charges made through such platforms.
● You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users.
● You will not exploit, distribute or publicly inform other users of any Sistry Foods Service error, miscue, or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
● You will not exploit differences in pricing for Sistry Foods purchases (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make Sistry Foods purchases on your behalf in order to take advantage of a difference in pricing.
● You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
● You will not use Sistry Foods Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages).
● You will not use Sistry Foods Services for performing services for payment, such as leveling up or item collection services.
● You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with a Sistry Foods Service experience.
● You will not remove or obscure any proprietary notices within Sistry Foods Services.
● You will not disrupt or attempt to disrupt Sistry Foods Services or any other person’s use or enjoyment of Sistry Foods Services.
● You will not attempt to gain unauthorized access to Sistry Foods Services, to accounts registered to others, or to networks from which portions of Sistry Foods Services are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for Sistry Foods Services.
● You will not use any service or software that accesses, intercepts, “mines”, or otherwise collects information from Sistry Foods Services or that is in transit from or to Sistry Foods Services.
● You will not make any automated use of Sistry Foods Services, or take any action that imposes an unreasonable burden on our infrastructure.
● You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl Sistry Foods Services, or harvest or manipulate data from Sistry Foods Services.
● You will not improperly use our support services, including by submitting false reports.
● Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for Sistry Foods Services.
● You will not copy, modify or distribute content from Sistry Foods Services except as specifically authorized by us.
● You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your access to Sistry Foods, and/or subject you to any of the penalties identified in Section 11 herein.
7. PRICING, PRODUCTS, AND SERVICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Sistry Foods 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 Sistry Foods Services.
Certain products or services may be available exclusively online through the website. 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 at the store. We cannot guarantee that your 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 Sistry Foods 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 anytime 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 service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Sistry Foods Services will be corrected.
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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 Return Policy.
8. TERMINATION AND SUSPENSION
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO SISTRY FOODS SERVICES OR ANY PORTION OF THEM, AND PROHIBIT ACCESS TO SISTRY FOODS SERVICES AND THE CONTENT, GOODS, SERVICES, AND TOOLS AVAILABLE THROUGH SISTRY FOODS SERVICES, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
9. DISCLAIMER; LIMITATION OF LIABILITY SISTRY FOODS SERVICES ARE PROVIDED "AS IS," AND USE OF SISTRY FOODS SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT SISTRY FOODS SERVICES OR ANY CONTENT, GOODS, OR SERVICES MADE AVAILABLE THROUGH SISTRY FOODS SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. SISTRY FOODS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SISTRY FOODS GOODS OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT SISTRY FOODS GOODS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT SISTRY FOODS SERVICES OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONTENT FOUND IN THE SISTRY FOODS SERVICES IS FOR EDUCATIONAL PURPOSES ONLY. SISTRY FOODS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY OF ANY CONTENT FOUND IN THE SISTRY FOODS SERVICES, OR ABOUT THE OUTCOME OF YOUR USE OF THE INFORMATION FOUND THEREIN. SISTRY FOODS IS NOT A LICENSED HEALTHCARE PROVIDER. NEITHER SISTRY FOODS NOR ITS OWNERS, AGENTS, EMPLOYEES, OR CONTRACTORS PROVIDE ANY HEALTHCARE SERVICES OR ADVICE THROUGH THE SISTRY FOODS SERVICES. USE OF ANY INFORMATION OR CONTENT FOUND IN THE SISTRY FOODS SERVICES IS AT THE USER’S OWN RISK. USERS ARE STRONGLY ADVISED TO CONSULT A LICENSED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS THEY MAY HAVE.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR SISTRY FOODS GOODS OR SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR PLATFORM PROVIDERS OR OTHER USERS OF SISTRY FOODS SERVICES.
Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
11. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS. Overvie
This Section 11 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 11 notwithstanding Section 11 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 11 APPLIES TO YOU.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at firstname.lastname@example.org. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS A SISTRY FOODS SERVICE, YOUR USE OF A SISTRY FOODS SERVICE.
This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using a Sistry Foods Service, or delete a Sistry Foods Service application from your mobile or other device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.
YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted in San Diego County, California.
If your claim is for US$10,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$10,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$10,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party's claims (or counterclaims) are frivolous or the other party's costs are unreasonable.
For EU Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Sistry Foods.
Class Action Waiver
For disputes arising between Sistry Foods and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis.
NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF SISTRY FOODS SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 11 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against Sistry Foods, you must serve initiating documents on Sistry Foods’ registered agent for service of process at: David Lizerbram, David Lizerbram & Associates, 3180 University Avenue, Suite 260, / Diego, California 92104.
Changes to this Section 11
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 11, you may reject any such change by sending us written notice within 30 days of the change to: email@example.com.
12. APPLICABLE LAW.
For Users other than EU Users
For claims not required to be arbitrated under Section 11, or in the event the arbitration provision in Section 11 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in San Diego County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Users
13. THIRD PARTY PROMOTIONS AND LINKS
Sistry Foods Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Sistry Foods may receive revenue or other compensation should you purchase goods or services from a third party from a link in the Sistry Foods Services. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and Sistry Foods has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
14. OWNERSHIP; TRADEMARKS AND COPYRIGHTS
All rights, title and interest in and to Sistry Foods Services (including without limitation any titles, content, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, chat transcripts, and recordings) are owned by Sistry Foods. Sistry Foods reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with Sistry Foods Services.
The trademark “SISTRY FOODS,” and any logos associated with such, are trademarks of Sistry Foods and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in Sistry Foods Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in Sistry Foods Services are either our property or the property of third parties and protected by copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
15. MISCELLANEOUS Reviews
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to Sistry Foods for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to firstname.lastname@example.org that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
From time to time, Sistry Foods participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission
if/when you click on or make purchases via affiliate links.As a policy, Sistry Foods will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Sistry Foods will inform you when one of the links constitutes an affiliate link. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by Sistry Foods but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
From time to time, Sistry Foods will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Sistry Foods provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
At various places on this website, you may find testimonials from clients and customers of the products and services offered on this website or by Sistry Foods. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this website or by Sistry Foods.
Sistry Foods shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sistry Foods, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Sistry Foods’ control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
For Australia and New Zealand Users Only:
Upon termination of your account, Sistry Foods will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the Sistry Foods Service.
16. CONTACT INFORMATION