The Cups Frozen Yogurt – App (the “App”) is a mobile app.
Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using the App operated by Cups (“us”, ‘we”, “our”).
Cups reserves the right to approve, deny or revoke membership or the right to participate in the App with respect to any person for any reason whatsoever, in Cups’ sole discretion. Cups also reserves the right to cancel the App at any time without notice.
Conditions of use
By using this App, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the App accordingly. Cups only grants use and access of this App, its products, and its services to those who have accepted its terms.
Intellectual property
You agree that all materials, products, and services provided on this App are the property of Cups, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Cups’s intellectual property in any way, including electronic, digital, or new trademark registrations. You grant Cups a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
Marketing Communications
By enrolling in the App, you authorize Cups, our subsidiaries and affiliates, and our third-party contractors engaged in connection with the App, to contact you regarding the App, including periodic updates about the App and other Cups announcements and promotions, via text message or e-mail. If you opt out, you authorize Cups, our subsidiaries and affiliates, and our third-party contractors to send you an email and/or text message confirming your opt out.
Dispute Resolution
The App shall be governed by the laws of the State of New Jersey, exclusive of choice of law rules. Except where prohibited by law and as set forth herein, any action arising out of or relating to the App shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), which includes payment by Cups of many of the fees associated with such arbitration, whether initiated by Cups or you. The arbitration shall be held at a location in the state in which you live. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only Cupss or our individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary herein, if the amount in dispute arising out of or relating to the App is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which shall be in lieu of arbitration or an action in any other court.
Privacy
By enrolling in the App , you authorize Cups, our subsidiaries and affiliates, and our third-party contractors engaged in connection with the App to share information about you and your App account among such entities (but not with any other third parties) as necessary to effect, administer, enforce, service and fulfill the App.
Indemnification
You agree to indemnify Cups and its affiliates and hold Cups harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on liability
Cups is not liable for any damages that may occur to you as a result of your misuse of our App. Cups reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Cups and the user, and this supersedes and replaces all prior agreements regarding the use of this App.