Family Fare Terms of Use

Last Updated: October 12, 2023

These Terms of Use (the “Terms”) govern your use of the Family Fare Rewards mobile application (the “App”), Our websites, http://www.familyfareconveniencestores.com and http://familyfarefranchise.com, and any other online services owned and operated by M.M. Fowler, Inc., Family Fare, LLC, or our affiliates (together, “Family Fare,” “We,” “Us,” or “Our”) where these Terms are posted (collectively, the “Site”). These Terms also govern your enrollment and participation in Our Family Fare Rewards program (the “Loyalty Program,” collectively referred to with the Site as the “Service”). These Terms constitute a binding legal agreement between you (“you” or “your”) and Us.

By downloading, accessing or using any portion of the Service, including without limitation enrolling or participating in the Loyalty Program, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not download, access or use any portion of the Service.

Family Fare may update these Terms at any time, in its sole discretion. Family Fare will notify you of changes to these Terms by posting the changes to the Family Fare website, by email, or through other communications. If you do not agree to such change(s), you must stop using the Service. If you continue to use the Service after Family Fare posts updated Terms, you hereby agree to be bound by those updated Terms. You are expected to check these Terms from time to time so that you are aware of any changes, as they are binding on you.

SECTION 14 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Loyalty Program

The Loyalty Program is available for use only at Family Fare retail stores. To join the Loyalty Program, you must download the App and complete the registration information and create an account (“Loyalty Account”).

We and our service providers rely on the accuracy of the information you provide when opening and maintaining your Loyalty Account. You may be required to verify certain information (such as your age) or provide additional information to be eligible to receive portions of the Service.

Once you have established your Loyalty Account, you are a member of the Loyalty Program until your Loyalty Account is cancelled, suspended, or deleted. If you want to end your participation in the Loyalty Program, you must cancel your Loyalty Account as described in the Section called “MODIFICATION OR TERMINATION OF LOYALTY PROGRAM” below.

There may be only one Loyalty Account per person. You may not set up a Loyalty Account for another person or share a Loyalty Account with another person. Your Loyalty Account is personal to you. Rewards may not be shared with another person, and you may not use another Loyalty Program member’s Rewards. Rewards are personal to you.

The rewards offered to eligible members of the Loyalty Program include coupons for certain product discounts offered through the App (“Rewards”). You can earn Rewards by making qualified purchases of certain products at Family Fare retail stores, by providing your phone number and/or Alt ID at the time of purchase. Your Alt ID allows Us to provide Rewards to the Loyalty Account associated with your Alt ID. Your Alt ID is the number and bar code that is assigned to your Loyalty Account when it is created, as shown in the App.

Rewards cannot be combined with rewards earned through separate loyalty programs, including, for example, fuel rewards programs offered by fuel brands that are sold at Family Fare stores. Check the promotion materials in the App or in your Family Fare retail store for specific offers, terms and conditions, restrictions, and expiration details for products qualified for Loyalty Rewards.

Your Rewards will appear in your Loyalty Account until they are used or they expire. We do not assume any liability for the failure of Rewards to post to your Loyalty Account in a timely manner, or for the unauthorized use of your Rewards by any third parties. Rewards must be redeemed subject to the terms stated on the Reward. All unredeemed Rewards will be forfeited upon their expiration. Further, upon the termination or expiration of your Loyalty Account, you acknowledge and agree that any unused Rewards will terminate. You acknowledge that We have no liability to you for failure to redeem your Rewards or if your Rewards expire or are lost for any reason.

You are solely responsible for checking your Loyalty Account regularly for your Rewards. If you believe that you have not received an applicable Reward, please contact us at customerservice@familyfarecstores.com no later than thirty (30) days after you believe the Reward should have been received. We will ask you to provide any requested documentation to verify your purchase. We reserve the right to determine, in Our sole and absolute discretion, how to interpret and apply Our Rewards program, including but not limited to whether Rewards should have been posted to your Loyalty Account and whether to adjust your Loyalty Account. You acknowledge that any determinations by Us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR LOYALTY ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE LOYALTY PROGRAM AND DISCONTINUE USE OF THE APP.

MODIFICATION OR TERMINATION OF LOYALTY PROGRAM
We may approve or deny your participation in, or change, suspend, discontinue or cancel any aspect of, the Loyalty Program, your Loyalty Account, or your Rewards, at any time, for any or no reason, at Our sole discretion and without notice to you. In addition, We may convert the Loyalty Program into a different rewards program at any time. We may also impose limits on membership eligibility, certain features and services, or restrict your access to parts or all of the Loyalty Program, without notice or liability. We reserve the right, in Our sole discretion, to refuse service or suspend or terminate your Loyalty Account or participation in the Loyalty Program at any time and without notice to you. If at any time you desire to cancel your participation in the Loyalty Program, you may terminate your Loyalty Account on the App, or by contacting us at customerservice@familyfarecstores.com. All Rewards are automatically cancelled and no longer available (and can no longer be redeemed) upon any cancellation or termination of the Loyalty Program.

LOYALTY PROGRAM DISCLAIMERS
You acknowledge and agree that the Rewards have no cash, monetary, or other value, nor may the Rewards be converted into any currency or cash equivalent. If and only if applicable law mandates a value be assigned to Rewards, the Rewards shall have the lowest value per point as applicable law allows. The descriptions, pictures, representations of products, promotions or other information available through the App or Loyalty Program may contain inaccuracies or errors. We do not make any warranty or representation with respect to the accuracy or completeness of any such information and reserve the right to correct the same without penalty. THE APP, LOYALTY PROGRAM, LOYALTY ACCOUNT, REWARDS, AND ANY OTHER INFORMATION, DESCRIPTION, SERVICE, OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE LOYALTY PROGRAM ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER FAMILY FARE NOR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR LICENSORS, FRANCHISEES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER REGARDING THE APP, LOYALTY PROGRAM, LOYALTY ACCOUNT, REWARDS, OR ANY INFORMATION, DESCRIPTION, SERVICE, OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE LOYALTY PROGRAM, INCLUDING, BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR ACCURACY THEREOF, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL.

VOID WHERE PROHBIITED
The Loyalty Program is void where prohibited. Your Rewards cannot be used for commercial purposes, converted to cash, gifted, sold, copied, shared, or otherwise transferred to any third party.

2. Account Eligibility and Responsibility

2.1 Account Eligibility. To access certain features of the Service, you have to “register” (create an “account,” which includes, but is not limited to, a Loyalty Account). To access the Service and create an account, or to participate in the Loyalty Program, you must be 18 years of age or older, capable of forming a binding contract with Family Fare, and not otherwise barred from using the Service under applicable laws. If you do not meet the requirements set forth in this Section, you may not create an account or use the Loyalty Program.

We reserve the right to verify your age and identity to grant you access to age-restricted offers and Rewards in association with the Loyalty Program, such as for offers provided to users over the age of 21, described in further detail in Section 6 below. You represent and warrant that any registration or other information that you submit is true, accurate and complete.

2.2 Account Responsibility. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) update your contact information to continue to receive communications, (c) maintain the security of your account credentials, and (d) be responsible for all activities that occur in connection with your account. You will not permit anyone else to use your account associated with the Service. You will immediately notify us if you believe your account has been accessed without authorization or otherwise compromised, by emailing us at customerservice@familyfarecstores.com.

You expressly agree to be contacted via email, SMS, text messaging and push notifications by Us, and third parties, if relevant, regarding the App, Loyalty Program, or other Service. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain features of the App and certain features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

3. License Rights and Restrictions

3.1 License. Subject to these Terms, Family Fare grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely for your personal, non-commercial use, and solely in the manner permitted by these Terms. The foregoing license will terminate immediately upon any termination or expiration of the applicable Service.

3.2 App Users. To use the App you must have a mobile device that is compatible with the mobile service. We do not warrant that the App will be compatible with your mobile device. You acknowledge that We may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your right to use the App under the license grant in Section 3.1 will terminate immediately upon termination of your Loyalty Account or your participation in the Loyalty Program.

3.3 Updates. Family Fare may, in its sole discretion, to the extent not prohibited by applicable law, at any time, with or without notice, and without liability to you, make updates to the Service, and change or discontinue the availability of some or all functionality of the Service. Family Fare may in its discretion provide notice of material changes to the Service by posting to the App, Our website, or by email. It is your responsibility to check the App and Our website periodically to be informed of any changes. Your continued use of the Service following any update or change will be deemed your acceptance of such modifications.

3.4 No Other Rights. Other than as set forth in this Section 3, no other rights or licenses are granted to you by implication or otherwise, including in or to any intellectual property rights owned or controlled by Us or Our licensors or suppliers.

3.5 Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service or content included on the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; (d) you shall not engage in any activity that interferes with use of the Service or interfere with or circumvent any security feature of the Service; and (e) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. Family Fare shall have the right, but not the obligation, to review and monitor all use of the Service to ensure compliance with these Terms.

You agree to comply with all applicable laws in connection with your use of the Service, and any purchases made using Rewards or otherwise in connection with the Loyalty Program.

4. Ownership of the Service; Feedback

4.1 Ownership. We provide only a limited license to access and use the Service in accordance with these Terms. Accordingly, you hereby agree that Family Fare transfers no ownership or intellectual property rights in or to the Service or any materials used in connection with the Service, including, without limitation, software (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “Family Fare Content”). All Family Fare Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service is exclusively owned, controlled, or licensed by Family Fare or its members, parent(s), licensors, or affiliates. Family Fare, the Family Fare logo, and all other marks are proprietary trademarks of Family Fare and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Family Fare is hereby strictly prohibited. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Family Fare Content or materials on the Service for any purpose not expressly permitted by these Terms is strictly prohibited.

4.2 Feedback. If you provide any feedback regarding the Service or other Family Fare products or services, you hereby irrevocably grant to Us an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such materials in any medium and for any purpose, and you further agree that We are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Us in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding materials, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary.

5. Data Provided to the Service

5.1 Collection and Use of Your Information. You acknowledge that when you download, access or use any portion of the Service, Family Fare may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Service. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality. All information that you provide to Us or that We otherwise collect that identifies or could reasonably be used to identify you through or in connection with the Service is subject to Family Fare’s Privacy Policy at https://app.familyfareconveniencestores.com/privacy-policy. By downloading, installing, or using the Service, or providing Us with information, data, or content through the Service, you consent to all actions taken by Us with respect to such information, data, or content in accordance with these Terms and the Privacy Policy.

5.2 Compliance of Data with Applicable Laws. You will only upload, transmit, store, and otherwise process data or content in connection with the Service if you have all other rights, permissions, and consents required under applicable laws for your and Family Fare’s use of such data or content as contemplated by these Terms.

5.3 License. You grant Family Fare a non-exclusive, non-transferable (except pursuant to an assignment as set forth in Section 18), worldwide, perpetual, royalty-free license to host, copy, process, transmit, retain, disclose, and otherwise use data and content you provide to the Service to (a) provide, improve, analyze, develop, and market the Service; (b) enforce Our rights under these Terms; (c) as otherwise permitted with your consent; and (d) as otherwise as set forth in these Terms and Family Fare’s Privacy Policy at https://app.familyfareconveniencestores.com/privacy-policy.

5.4 Location-Based Features. If you have enabled GPS, geo-location, or other location-based features on the App or on the Site, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. If you do not wish for Our App or Site to track your location, Our App or Site may allow you to disable location-based features or manage preferences related to them, or you can uninstall the App. The location-based services offered in connection with the App or Site are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based/geo-location services in the App and on the Site are used at your own risk and location data may not be accurate.

6. Linked Websites and Third-Party Services; Beta Features

6.1 Linked Websites. We have not reviewed all of the websites linked to the Service, or third-party applications, ads or their content that is accessible through the Service, and are not responsible for third parties or their applications, ads or content that are accessible through the Service. Nothing in the Service, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Family Fare. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Family Fare reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Family Fare. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

6.2 Third-Party Services. The Service may include advertising or other online services operated by unaffiliated third parties with which We do business. These third parties may include brands, suppliers and technology and other service providers with whom We work to provide the Loyalty Program or the App. When you interact with or access these third-party advertisements and other services, you leave Our Service, and We are not responsible for, and do not control, the information they collect or their security or privacy practices. You access these third-party services at your sole discretion and risk.

6.3 Beta Features. Family Fare may, in its sole discretion, invite you to use pre-release or beta features that are not yet generally available. Access to such features may be conditioned upon additional terms and conditions. Any beta features will be considered Family Fare’s proprietary information. FAMILY FARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA FEATURES WILL FUNCTION, AND ANY USE OF BETA FEATURES WILL BE AT YOUR OWN RISK.

7. Indemnification

To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify Family Fare, its subsidiaries, affiliates, business partners, licensors, franchisees, service providers, and clients, and its and their respective officers, employees, agents, officers, directors and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from (i) your use of the Service or any data or content you provide to the Service, (ii) any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from use of the Service, (iii) your violation of any applicable law or any third-party intellectual property rights, publicity rights, or privacy rights in connection with the Service, (iv) your willful misconduct, and (v) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party. You will not compromise or settle any indemnified claim in any manner, nor make any admission of liability, without Family Fare’s prior written consent, which Family Fare may provide in its sole discretion. Family Fare reserves the right, at its own expense, to participate in the defense and control of any matter subject to indemnification by you; provided, however, that if Family Fare reasonably determines you are unwilling or unable to defend Family Fare or another indemnified party’s interests, then Family Fare may assume the defense against any claims at your sole expense.

8. Disclaimers

THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FAMILY FARE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

FAMILY FARE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR DATA OR CONTENT THAT YOU PROVIDE TO THE SERVICE, OR LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS THAT RESULTS FROM YOUR USE OF THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILY FARE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability; Third Party Disputes

9.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAMILY FARE, ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR LICENSORS, FRANCHISEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO THE SERVICE, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF A LIMITED REMEDY SET FORTH THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL FAMILY FARE, ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR LICENSORS, FRANCHISEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED TEN DOLLARS ($10).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.2 Third-Party Disputes. Family Fare has no responsibility for any dispute between you and any third party. Family Fare will have no liability for any damages of any kind, under any theory of law, that relate to your relationship with any third party, even if Family Fare has been advised of the possibility of such damages.

10. Hosting

The Service is hosted in the United States. All matters relating to the Service are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

11. Term and Termination

Subject to this Section 11, these Terms will remain in full force and effect while you use the Service or any portion of the Service. Family Fare reserves the right at any time to modify or discontinue the Service or any part thereof with or without notice, including for any use of the Service in violation of these Terms, if Our suppliers prohibit or restrict Family Fare from providing the Service to you, or if your use of the Service poses a security or legal risk. You agree that Family Fare shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Upon termination of your rights under these Terms, your account and right to access and use the Service terminates immediately, and you will immediately cease use of the Service. Upon the suspension or discontinuance of the Service, or termination of your account, Family Fare may in its exclusive discretion delete information, data and content that you have provided to or through the Service or otherwise relating to your account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 4-19, and those provisions that by their terms expressly survive termination hereunder.

12. Governing Law and Venue

These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed, except where preempted by the Federal Arbitration Act, by the laws of the State of North Carolina, U.S.A., including its statutes of limitation but without reference to conflict or choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise set forth in Section 14 (Dispute Resolution and Arbitration Agreement), the exclusive venue for all disputes that you and Family Fare are not required to arbitrate will be the state courts located in Durham County, North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Service, if any, and by any other means permitted by law.

13. Limitation on Time to File Claims

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Dispute Resolution and Arbitration Agreement

14.1 General. In the interest of resolving disputes between you and Family Fare in the most expedient and cost effective manner, you and Family Fare agree that any claim, dispute, or controversy (each, a “Claim”) arising out of or in any way related to these Terms or the breach thereof, or arising out of or in any way related to the use of the Service, will be resolved by binding arbitration and judgment on the award rendered by the arbitrator(s) and may be entered in any court having jurisdiction. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FAMILY FARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

14.2 Exceptions. Notwithstanding Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; (b) seek enforcement or confirmation of the arbitration award in a court of competent jurisdiction; or (c) to file suit in a court of law to address an intellectual property infringement claim. If either party seeks preliminary injunctive relief to protect its rights, then such party will have the power, without waiving this Section 14, to invoke the jurisdiction of any court having jurisdiction for the purpose of obtaining such preliminary injunctive relief, and for such purposes each party hereby consents to the jurisdiction of, and laying of exclusive venue in, the state courts located in Durham County, North Carolina.

14.3 Arbitration Rules and Procedures. Any arbitration between you and Family Fare will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (“AAA Rules”). The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be proposed by Family Fare and will be appointed with your consent, which shall not be unreasonably withheld. The arbitrator has exclusive authority to determine his or her own jurisdiction, including to rule on the arbitrability of any claim or counterclaim, and to resolve any Claim relating to the interpretation, applicability, or enforceability of these Terms, including but not limited to the terms contained in this Section 14.

14.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the claim or claims to the other party by registered or certified U.S. Mail (“Notice”). Family Fare’s address for Notice is set forth in Section 16 and your address for Notice is the address in Family Fare’s records or via posting on the Service. The Notice must: (a) describe in detail the nature and basis of the Claim; and (b) set forth the specific relief sought. The parties must make good faith efforts to resolve the claim directly, but if the parties do not resolve the Claim within thirty (30) days after the Notice is received, you or Family Fare may commence an arbitration proceeding by filing a Demand for Arbitration in accordance with the AAA Rules. During the arbitration, the amount of any settlement offer made by you or Family Fare must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Unless otherwise agreed to by the parties, the arbitration shall be held in Durham, North Carolina. The arbitrator shall apply the substantive law of the state of North Carolina. The arbitrator must issue a written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Unless prohibited by law, all aspects of the arbitration proceeding, including but not limited to any ruling, decision, or award by the arbitrator, will be strictly confidential and shall not be disclosed to any third party except as necessary to enforce or permit judicial review of the award. This Section 14 shall be governed by the Federal Arbitration Act (“FAA”), and any action to enforce this Section 14 also shall be governed by the FAA. Any request for arbitration must be made within one year of the date on which the Claim first rose, unless a longer period of time for bringing such a claim is provided by law. The arbitrator will have the authority to order discovery as permitted by the AAA Rules.

14.5 Fees. The parties shall pay their own costs of arbitration; provided, however, that Family Fare will pay such costs of arbitration if required to do so by applicable law to make these Terms enforceable or if required to do so by the AAA. If you commence arbitration and the arbitrator finds in his or her sole discretion that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose then you shall reimburse Family Fare for all fees Family Fare previously paid pursuant to the AAA Rules. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding.

14.6 No Class Actions. YOU AND FAMILY FARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Family Fare agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.7 Modifications. Except as otherwise provided in these Terms, if Family Fare makes any future change to the arbitration agreement in this Section 14, other than a change to Family Fare’ address for Notice, you may reject the change by sending written notice via registered or certified U.S. Mail to Family Fare’s address for Notice within thirty (30) days of the change, in which case Section 14, as in effect immediately prior to the changes you rejected, will continue to govern any Claims between you and Family Fare.

ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR FAMILY FARE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND FAMILY FARE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

15. Force Majeure

Without limiting any other provision in these Terms, Family Fare is not responsible or liable to you for delay or failure to perform its obligations in the event that any of Family Fare’s operations or activities are affected by any cause or event beyond the sole and reasonable control of Family Fare (as determined by Family Fare in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, internet service failure, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

16. Notice

All notices or demands given by you under these Terms will be in writing and will be deemed given when delivered to Family Fare at the following contact:

M.M. Fowler, Inc.
Attention: Legal
4220 Neal Road
Durham, North Carolina 27705
Email: customerservice@familyfarecstores.com

Any notices to you may be made via either e-mail or postal mail to the address in Family Fare’s records or via posting on the Service. Please report any violations of these Terms to Family Fare at the contact listed above.

17. App Stores

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license (for example, the Apple App Store or Google Play (“App Store”)). You acknowledge that these Terms are between you and Family Fare and not with Apple, Google, or the App Stores. Family Fare, not Apple, Google, or their App Stores, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned on your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and have the right to enforce them. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Entire Terms

These Terms, together with any additional terms we provide, including in connection with the Loyalty Program, constitute the entire agreement between you and Us regarding the Service and supersedes any and all prior understandings and agreements between Us respecting such subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Family Fare’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Family Fare may freely assign these Terms, and in such case, these Terms shall be binding upon assignees.

19. Copyright/Trademark Information

Copyright © 2023. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are Our property or the property of other third parties. You are not permitted to use these Marks without Our prior written consent or the consent of such third party which may own the Marks.