Terms & Conditions
These Terms & Conditions are updated as of: 4 May 2022
I. LEGAL NOTICE REGARDING THESE TERMS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING FIKABRÖD. THE TERMS OF THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THIS AGREEMENT IS SUBJECT TO A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS PURSUANT TO SECTION X, BELOW.
II. USER AGREEMENT
III. CONDITIONS OF USE OF THE SERVICES
A. Registration and User Accounts
You must register personally with Fikabröd and open an account/subscription in order for you to be able to participate in the Services. It is your responsibility to enter all mandatory information, and to ensure that all information (including shipping addresses) provided is accurate, current, and complete. The information you provide must be updated in the event that such information has changed. Fikabröd may, at its discretion, carry out verification procedures to ensure that the information is accurate and complete. If Fikabröd finds that you have provided incomplete, inaccurate, or misleading information, Fikabröd may deny you access to areas of the Sites or Services that require registration, may block or terminate your account, and may cancel your subscription.
You agree that the sole purpose of the account you create with Fikabröd is to participate in certain parts of the Sites, as well as the Services. Fikabröd reserves the right to suspend or terminate your account/subscription if it is determined that you are misusing the Sites, Content, or Services. In such circumstances, Fikabröd may also report such activity to relevant authorities if we deem doing so appropriate.
Fikabröd reserves the right to refuse or close an account/subscription at its sole discretion, provided that any contractual obligations already made by Fikabröd will be honored to the extent required by law or equity. You may voluntarily close your account at any time after your purchase commitment(s) have been fulfilled.
B. Account Information
As part of the registration process, you will be required to provide a valid email address, valid shipping address, and to choose a password to allow you to access password-protected areas of the Sites and Services.
It is your sole responsibility to ensure that your login information is kept secure. Fikabröd is not responsible for any use or misuse of your account by any third party due to your disclosure of your login details, whether said disclosure was intentional or otherwise. You agree to immediately notify Fikabröd of any unauthorized use of your account, or any other breach of security regarding your account or password. You further agree that you shall only use your own email address and password to access the Services.
By creating an account and password, you acknowledge and agree that Fikabröd is entitled and authorized to act on instruction received through the use of that account and password. Fikabröd may restrict or deny access, or block any transaction made through the use of your email address and password without prior notice if we have reason to believe your account is being used by someone other than you, but Fikabröd shall not be required to do so. Under no circumstance will Fikabröd be liable for any loss or damage arising from your failure to comply with the terms outlined in this Section.
C. User Provided Content
All information provided by a user on the Sites or the Services (“User Provided Content”) is the sole responsibility of the individual who provided such content. This includes, but is not limited to, profile information, product feedback, recipes, recipe photographs, and blog comments or other forms of public communications. Fikabröd is not obligated to pre-screen User Provided Content, though it may elect to do so at its sole discretion, and may refuse, delete or undelete, or modify any User Provided Content available through the Services. Fikabröd shall have the right to remove any User Provided Content that violates the Terms & Conditions, or that is otherwise found to be objectionable or harmful in its sole discretion. While Fikabröd reserves the right to remove such User Provided Content, you acknowledge and accept that, in using the Sites and Services, you may be exposed to User Provided Content that you find objectionable or offensive. You also acknowledge and accept that you are solely responsible for your interactions with other users of the Sites and Services. You further acknowledge and agree that it is your responsibility to evaluate and bear all risks associated with the disclosure or use of any User Provided Content. Fikabröd shall not, in any way, be liable for User Provided Content that you or other users upload, post, transmit, share, or otherwise make available through the Sites or Services.
By making any User Provided Content available on or through the Services, you acknowledge and accept that you are granting Fikabröd an irrevocable, perpetual, fully sub-licensable, royalty-free, non-exclusive license to use, reproduce, modify, publish, display, and distribute such User Provided Content, in whole or in part, and to incorporate such User Provided Content into other works in any medium now known or later developed.
D. Inappropriate Use of Services
The Sites, Content, and Services may not be used in any way that is improper, unfair, or fraudulent, or for any purpose that is not reasonably intended by Fikabröd. Such prohibited use includes, but is not limited to, the following:
- Providing any false or misleading personal information
- Providing false or unauthorized payment information
- Using funds which originated with or are associated with any illegal activity
- Selling, or otherwise transferring your account or profile
- Impersonating a Fikabröd employee or otherwise putting yourself out to be employed by, connected to, or affiliated with Fikabröd, whether by use of a misleading username or any other information or content that you provide during your use of the Sites, Content, or Services
- Attempting in any way to tamper with the administration or proper working of the Services, or any computer code or program associated with the Services
- Attempting to bypass or disrupt any measures Fikabröd may use to restrict or deny access to the Services
- Using any automated means, such as but not limited to bots, spiders, or scrapers, to access the Sites or Services for any purposes, with the exception of use for RSS feed access, without the prior express written consent of Fikabröd
- Engaging in any action that imposes or may impose an unreasonable or disproportionally large load on the Fikabröd infrastructure
- Posting, uploading, or otherwise making available any material that contains software viruses or any other computer code or file that functions to interrupt, limit, or destroy the functionality of any computer software or hardware, or any telecommunications equipment
- Posting or transmitting any User Provided Content or information that infringes of the intellectual property of another, including Fikabröd and its users, or that is defamatory, abusive, obscene, offensive, pornographic, or otherwise in violation of any law or right of any third party
- Engaging in any behavior that would harm or damage other users, including soliciting or obtaining account, password, or private information from any other user
- Soliciting or advertising to users in an effort to buy or sell products or services, unless prior express written permission has been given by Fikabröd, or attempting to obtain the information of other users to solicit, advertise to, or spam them
- Submitting or posting comments linking to affiliate programs, multi-level marketing schemes, or off-topic sites posted for personal or financial gain
- Abusing, harassing, impersonating, threatening, or intimidating other users by any means
- Using the Sites, Content, or Services for any illegal or unauthorized purpose
- Violating any of the Terms & Conditions, or any other terms, conditions, or rules instituted by Fikabröd
If you engage in any prohibited use of the Services, Fikabröd may, in its sole discretion: 1) disqualify you from the Services in their entirety, or 2) suspend, limit, or terminate your account. To report Terms & Conditions violations, please contact us at firstname.lastname@example.org.
Fikabröd reserves the right to cancel any feature of the Services, without restriction. If the Services are not functioning properly due to any technical issues or failures, unauthorized use or intervention, fraud, or any other cause of any kind that, in Fikabröd’s sole discretion, has compromised or affected the security, fairness, integrity, or proper use the of Services, Fikabröd may modify, extend, suspend, or terminate the services.
The Terms & Conditions shall not be violated where Fikabröd fails to comply with any of its provisions due to reasons beyond the control of Fikabröd including, but not limited to, natural disasters, war, fire, riots, terrorism and acts of public enemies, actions of governmental authorities, and acts of God.
E. Commercial Communications
Fikabröd may, from time to time, send you certain commercial communications. By registering for and using the Services, you acknowledge that these communications are part of the Services. You may opt out of receiving these communications to the extent provided by applicable law, by following the instructions provided in the communication to unsubscribe to future communications. You can also unsubscribe from such communications by emailing us at email@example.com. If you choose to opt out of commercial communications, Fikabröd may still communicate with you via email to the extent permitted by law.
F. Suspension and Termination of the Services
As provided above, Fikabröd reserves the right to suspend, limit, or terminate your account or access to the Services, in whole or in part, immediately and without prior notice or liability, if you breach any of the Terms & Conditions, or any other additional terms, conditions, or rules implemented by Fikabröd. Upon termination of your account, your access and right to use of the Services will be immediately terminated as well. You may also voluntarily terminate your Fikabröd account and access to the Services at any time by emailing us.
IV. ONLINE PURCHASES AND TERMS OF SALE
The Sites are for users who are 18 years of age or older. By agreeing to the Terms & Conditions, you warrant that you are of legal age to form a binding contract with Fikabröd and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. If you are using the Sites on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms & Conditions on such entity's behalf.
You are required to create an account in order to purchase from our Sites.
By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.
Any introductory discount applied on the 6-month or 12-month subscription means your first month is an introduction month. It also means you have a minimum of another 5 payments or 11 payments (respectively) due on your commitment term before you can cancel.
E. Subscription Renewal
By signing up for a Fikabröd subscription, you understand and agree you will be charged at the standard rate and that any promotional codes used as a new customer at sign-up do not transfer or apply to your renewal fee. Fikabröd do not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1, 3, 6, or 12 months expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
We will be sad to see you go, but you can turn off your auto-renewal at any time. If you have committed to a multi-month subscription and have boxes left to receive, you will be charged for and shipped the remaining boxes. Then upon completion of your original commitment, your subscription will automatically be cancelled.
For example: If you sign up for a 12-month subscription and have paid for 8 boxes, you will be charged for and shipped another 4 boxes before your subscription finishes. This does not initiate any kind of refund if you fail to cancel before the renewal date.
Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.
By Fikabröd stating you can cancel at any time, this directly refers to the renewal and not your commitment term.
You may only cancel after the first box if you select a month-to-month subscription. A 3-month, 6-month, or 12-month subscription is different, and you have agreed to stay for the entire subscription period. This policy protects Fikabröd from abuse of our discount systems given to new members who want to join on a new subscription. If you agree to a 3-, 6-, or 12-month subscription, you need to stay for the full commitment period. Normal month-to-month can be cancelled at any point.
Fikabröd discounts are one per household.
Fikabröd is a subscription service and by signing up, you agree it is your responsibility to cancel your own subscription by logging into your account profile. Fikabröd do not accept responsibility to cancel your account on your behalf. It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date. Your subscription will renew on the 17th of the first month after your commitment period ends. (Example: If you sign up for a 6-month subscription in February, your subscription will automatically renew on August 17th.)
You must cancel your subscription 24 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A BOX FROM FIKABRÖD. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.
All subscriptions are non-refundable. However, if you have extenuating circumstances and want to request to cancel your subscription before the end of your subscription commitment period, please send an email with an explanation to firstname.lastname@example.org. There is a one-time cancellation fee of $54.95. Any cancellation is at the sole discretion of Fikabröd.
G. Missing Boxes
Fikabröd is not responsible for shipments returned or lost due to old, incorrect, incomplete, or invalid addresses. We are also not responsible if a box is held at a post office and the recipient never retrieves it. If a box is returned to us, a reshipping and handling fee of $10.95 will be charged to reship the package. We do not offer refunds on boxes returned to us due to invalid addresses. If you need to talk to us about a returned package, please contact us.
If, for no fault of your own, your box does not arrive and the tracking information does not say the package was delivered, you must notify Fikabröd via email within 30 days of shipment in order to receive a replacement. Replacements are subject to availability; however, if items are unavailable, Fikabröd will replace with items of equal or greater value, or issue a partial refund. Replacements for boxes marked delivered by the tracking information are at Fikabröd’s discretion. Requests received after 30 days may not be honored.
H. Billing & Payments
You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month, you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
Our listed prices do not include shipping fees and applicable state taxes unless otherwise stated. All orders placed on our website are subject to availability. Products will be shipped according to our Sites’ shipping terms.
J. Loss of Goods
Please track your order online with the tracking number provided and follow up with us regarding delays or failure of delivery, as necessary. All this information will be sent to you by email once you have subscribed.
K. Return / Refund Policy
All sales and subscriptions made on our Sites are considered final. If there is a problem or defect with any product delivered by Fikabröd, we will do our utmost to rectify the problem. If you receive a broken or defective item, send a photo of the shipping box and the broken item to email@example.com within 7 days of receipt of your Fikabröd box. We do not offer replacements without proof of damage or beyond 7 days post-delivery. Once we confirm the damaged good, we will promptly ship out a replacement.
Fikabröd does not offer refunds or returns on items in the monthly subscription boxes. The contents of the monthly boxes are a ‘surprise,’ and by subscribing, you understand that you may not ‘love’ every product received every month.
We are unable to accept returns of any ingredients or other food products.
For non-food products purchased from the Past Box Shop, they may be shipped back to Fikabröd at the customer’s expense and returned for a refund. The non-food products must be returned unopened, unused, and intact. If the products have been opened/used, we will not accept a return or offer any refund. By subscribing or ordering from Fikabröd, you agree to these terms.
L. Pricing / Errors
Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, Fikabröd will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto-renewed’ on the date advised at sign-up is not considered an error liable for refund.
M. Order Acceptance / Confirmation
Fikabröd reserves the right at any time after receipt of your order to accept or decline your order. We reserve the right to decline sales to any party for any reason.
We understand that individuals have varying dietary restrictions. However, due to the nature of our product, we cannot accommodate individual restrictions, allergies, religious dietary considerations, or any other hazards. You are responsible for deciding if the products you receive are safe and suitable for you, your family, and anyone else you may share the products with. Fikabröd will not offer compensation, and you agree not to pursue compensation, by any means, for any physical or non-physical injury caused by the use or consumption of the products included in our boxes.
V. INTELLECTUAL PROPERTY RIGHTS
Fikabröd, or its licensor where applicable, is the sole owner of all title, ownership, and intellectual properties of the Sites, Content, Services. By using the Services you acknowledge and agree that the Sites, Content, and Services contain confidential and proprietary information that is protected by law, including applicable intellectual property law. You agree not to copy, modify, distribute, or display any such information, or to create, copy, modify, distribute, or display any derivative works based on the Services in whole or in part without prior express written permission from Fikabröd.
By registering for and using the Sites, Content, and Services you agree to indemnify and defend Fikabröd, as well as our subsidiaries, affiliates, officers, employees, shareholders, agents and representatives in respect to all liability, claims, damages, expenses, or losses of any kind, including reasonable attorneys’ fees and costs, that arise or result from your use of the Sites, Content, or Services. You further agree to indemnify and defend the same against any liability, claim, damage, expense, or loss of any kind that arises from: 1) your violation of these Terms & Conditions, and 2) any act you take in connection with your use of the Services that implicates your publicity rights or privacy rights. Fikabröd reserves the right to assume its own exclusive defense, and to control any matter that would otherwise be subject to indemnification by you. If Fikabröd exercises this right we will bear the cost of such defense, and you hereby agree to cooperate in Fikabröd’s defense of said matter.
VII. DISCLAIMER OF WARRANTY
You expressly agree and acknowledge that your use of the Sites, Content, and Services is done so voluntarily and at your own risk. The Sites, Content, and Services are provided both as-is and as available, without express or implied warranty of any kind including, but without limitation, any warranty of merchantability, non-infringement, or fitness for any particular purpose.
Fikabröd will not be liable for any damages of any kind arising from contents contained within your monthly subscription box (including, but not limited to, allergic reaction, personal injury, pain and suffering, emotional distress, medical complaints, death or injury to any animal or person). You accept responsibility to keep the contents away from children, pets, and anyone who may have an allergic or other reaction to any products contained within the monthly boxes.
You, not Fikabröd, assume the entire cost of all necessary medical bills, any arising legal fees, or bills whatsoever due to your subscription to or purchase from Fikabröd.
Fikabröd will not be liable for any damages of any kind arising from the use of the Sites, Content, or Services, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the Sites are free from infection by viruses or anything else that has contaminating or destructive properties.
You further expressly agree and acknowledge that Fikabröd has no control over, and no obligation to control: 1) which users access or use the Sites, Content, or Services, 2) the effects that said use may have on you, or 3) the effects of your access to the Sites, Content, and Services on you, and the actions you take as a result of your access to them. Therefore, you hereby expressly release Fikabröd from any and all liability stemming from your access to the Sites, Content, and Services, and from your access, lack of access, acquisition, or lack of acquisition of any content from the same.
Through the Services, Fikabröd or third parties may provide links to other websites, applications, or resources. You acknowledge and agree that Fikabröd has no control over such websites, applications, and resources and, as such, that Fikabröd is not responsible for the availability of the same. You further acknowledge and agree that Fikabröd does not endorse, and is not responsible or liable for, any content, advertising, products, or other material on or available from such sites, applications, and resources. You further acknowledge and accept that Fikabröd shall not be responsible or liable, either directly or indirectly, for any damage, harm, or loss caused by or in connection with your use or reliance on any content, information, goods, or services available through any such website, application, or resource.
VIII. LIMITATION OF LIABILITY
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY AND SOLELY RESPONSIBILITY FOR YOUR USE OF THE SITES, CONTENT, AND SERVICES. YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SITES, CONTENT, AND SERVICES IS VOLUNTARY AND DONE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICES MAY NOT BE SECURE AND MAY BE SEEN, INTERCEPTED, OR ACQUIRED BY UNAUTHORIZED PARTIES. THEREFORE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FIKABRÖD NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, RESULTING FROM: 1) THE SITES, CONTENT OR SERVICES, 2) YOUR USE OR THE INABILITY TO USE THE SITES OR SERVICE, 3) THE UNAUTHORIZED ACCESS TO, OR MODIFICATION OF YOUR INFORMATION, TRANSMISSIONS, OR DATA, 4) THE STATEMENTS, ACTIONS, OR CONDUCT OF ANY THIRD PARTY ON THE SITES, CONTENT, OR SERVICES, 5) ANY ACTIONS THAT FIKABRÖD TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, 6) ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INACCURATE, OR OTHERWISE INVALID ENTRY INFORMATION, 7) ANY HUMAN ERRORS, 8) ANY TECHNICAL MALFUNCTIONS THAT IMPACT THE SITES, CONTENT, OR SERVICES, 9) ANY FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES THAT IMPACT THE SITES, CONTENT, OR SERVICES, 10) OMISSIONS, INTERRUPTIONS, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICES OR INTERFERE WITH A USER’S ACCESS TO THE SERVICES, 11) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT, 12) THE INABILITY TO FULLY ACCESS THE SITES OR SERVICES OR ANY OTHER WEBSITE, 13) ANY THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, IMAGES, OR OTHER CONTENT OF ANY KIND, 14) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR THAT IS INCOMPLETE OR LOST, 15) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF, OR 16) ANY OTHER MATTER RELATING TO THE SITES, CONTENT, AND/OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIKABRÖD’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION INITIATED IN ANY FORM AND FOR ANY REASON WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FIKABRÖD FOR GENERAL USE OF THE SITES OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITES AND SERVICES, NOT INCLUDING ANY PAYMENTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO SAID CLAIM.
IX. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Users are not permitted to infringe on the intellectual property of any other individual or organization. Fikabröd reserves the right to limit, suspend, or terminate the account/subscription of any user who, in Fikabröd’s discretion, is found to infringe on the intellectual property of another person or organization.
If you believe that your intellectual property, or the intellectual property of another on whose behalf you are authorized by law to act, has been infringed upon, please contact Fikabröd’s copyright agent in writing with the following information:
- A description of the intellectual property that you claim is being or has been infringed
- A description of where the claimed material is located or accessible on the Sites, Content, or Services
- A statement of your good faith belief that the use of the material is not authorized by the owner of the material, said owner’s agent, or the law
- Your full name, address, telephone number, and valid email address
- A statement, made under penalty of perjury, that the information you provide pursuant to the requirements above is accurate and that you are the copyright owner, or someone authorized to act on said owner’s behalf
- Your signature, whether electronic or physical
Said notice should be sent to Fikabröd’s copyright agent by mail to Fikabrod, LLC, 1300 Ridenour Blvd NW, Suite 212, Kennesaw, GA 30152, or by email to firstname.lastname@example.org.
X. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
THE FOLLOWING TERMS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ACCORDINGLY, PLEASE READ THIS SECTION CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES.
A. Informal Dispute Resolution
Any questions, concerns, issues, or disputes you have regarding the Sites, Content, or Services can be directed to our Customer Support Department by phone at 678.819.3813, or via our website. The Customer Support Department is able to resolve most questions, concerns, issues, and disputes quickly and to our users’ satisfaction. Fikabröd will, and you agree to, use best reasonable efforts to resolve any questions, concerns, issues, or disputes by good faith negotiation through the Customer Support Department, and the satisfaction of this requirement shall be a required condition to either party initiating arbitration, or any further legal action regarding the matter in question.
B. Binding Arbitration
In the event that negotiation through the Customer Support Department, as described above, fails to yield an agreeable solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or Fikabröd may initiate arbitration, which shall be the sole means to resolve the claim. Such arbitration shall be binding, and shall be subject to the terms set forth below.
The binding arbitration will take place in Atlanta, Georgia. Arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its rules and procedures. The arbitrator shall have exclusive authority to issue a final, binding resolution of all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms & Conditions including, but not limited to any claim that these Terms are, in whole or in any part, void or voidable, or any claim that a dispute is not subject to arbitration. The arbitrator shall be authorized and empowered to grant any relief otherwise available in a court of law or equity. The arbitrator’s award shall be written, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fikabröd will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Fikabröd will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action Waiver
In addition to the above provisions of this Section, you hereby expressly agree that any arbitration shall by conducted in your individual capacity only, and not as a class action or other form of representative action. Both you and Fikabröd hereby expressly waive any right to file a class action lawsuit or to seek relief on a class basis. Any claims that you or Fikabröd bring against each other shall only be in your or its individual capacity, and not as a plaintiff or class member of any representative or class proceeding or lawsuit. If any arbitrator or court deems that the waiver set forth in this paragraph is void or otherwise unenforceable, then the arbitration provision set forth in this section shall be deemed null and void in its entirety with respect to the claim giving rise to that decision, and the parties shall no longer be obligated to arbitrate the dispute.
D. Exceptions to This Arbitration Provision
Notwithstanding the binding arbitration provision provided in this Section, either you or Fikabröd may bring an action in state or federal court to protect an intellectual property right, which includes any patent, copyright, trademark, or trade secret. This does not include any claim regarding privacy or publicity right, which are subject to the arbitration provision provided in this Section, above. Either you or Fikabröd may also seek relief in small claims courts for claims within the scope of that court’s jurisdiction.
E. Right to Opt Out of this Arbitration Provision
You have the right to opt out of the arbitration provision and class action waiver provided in this Section. If you choose to opt out, neither you nor Fikabröd will be bound by these arbitration terms. In order to opt out, you must send written notice of your decision to do so to Fikabrod, LLC, 1300 Ridenour Blvd NW, Suite 212, Kennesaw, GA 30152. The notice must be sent within thirty (30) days of May 1, 2022, or within thirty (30) days of your first use of the Services, whichever is later. If you do not provide Fikabröd with written notice that you are exercising your right to opt-out within that time period, you will be bound to the arbitration clause and class action waiver provided in these Terms.
F. Changes to this Arbitration Provision
Fikabröd will provide sixty (60) days’ notice of any changes to this section. Changes will become effective on the sixtieth day from the day of notice, and will apply prospectively only to any claims arising after that sixtieth day.
XI. GENERAL PROVISIONS
A. Entire Agreement
These Terms & Conditions, along with any additional terms, conditions, or rules of participation that Fikabröd implements and posts on the Sites or Services, embodies the entire agreement and understanding between you and Fikabröd, and supersedes all previous agreements between you and Fikabröd related to the subject matter hereof. In the event that there are conflicting provisions between these Terms & Conditions and the additional terms, conditions, or rules of participation provided by Fikabröd, the latter will prevail the extent of the conflict.
B. Third-Party Beneficiaries
You may not assign, or otherwise transfer any of your rights under these Terms & Conditions without prior written consent. You further agree that, except as otherwise expressly provided by these Terms, there shall be no third party beneficiaries to these Terms & Conditions.
C. Waiver, Severability, and Survival of Terms
The failure of Fikabröd to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any term or provision of these Terms & Conditions is held to be void or unenforceable, that term or provision will be severed from the Terms. In such event, the balance of the Terms & Conditions will survive, and will remain enforceable in accordance with its provisions. In the event than a term or provision is deemed invalid or unenforceable, you and Fikabröd both agree that the arbitrator or court hearing the matter should endeavor to give effect to the intentions reflected in that provision.
The following provisions of the Terms & Conditions survive any termination of these Terms, whether such termination is caused by Fikabröd or by you: CONDITIONS OF USE OF THE SERVICES (except for Paragraph A, Registration and User Accounts); INDEMNIFICATION; DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INTELLECTUAL PROPERTY RIGHTS; NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT; BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER; and GENERAL PROVISIONS.
D. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
E. Choice of Law
These Terms & Conditions and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Georgia, without regard to principles of conflicts of law.
For any dispute not subject to the arbitration provision of these Terms, you and Fikabröd agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in Atlanta, Georgia, and hereby waive any and all jurisdictional and venue defenses otherwise available. You further agree to accept service of process by mail.
The headings of the Sections hereof are solely for convenience of reference and are not part of these Terms & Conditions. As used herein, each gender includes each other gender, and the singular includes the plural and vice versa, as the context may require. The use of the “or” in this Agreement carries the inclusive meaning of the word, which includes both “and” and “or.” All references to Sections, Subsections, or Paragraphs are intended to refer to the sections, subsections, or paragraphs of these Terms, except as otherwise indicated.
Any questions, complaints, concerns, and claims with respect to the Sites, Content, or Services may be directed to Fikabröd by using the relevant contact information set out in the Terms, above.
XII. CHANGES AND UPDATES TO TERMS & CONDITIONS
These Terms & Conditions may be revised periodically, which will be reflected by the “Last update posted” date, above. We ask that you please revisit this page so that you remain aware of any changes to Fikabröd’s Terms & Conditions. If a revision is made to the Terms & Conditions that is determined, by our sole discretion, to be material, we will notify users by contacting them through the email address associated with their account. Your continued use of the Services will serve as proof of your acceptance of such updates terms and policies.
If you have any questions or comments about our Terms & Conditions, please email us at email@example.com.