TERMS OF USE
These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of the Pokebola of companies (“Pokebola”) and on which these Terms appear. These Terms are a legal and binding agreement between you and Pokebola. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.
Pokebola strives to ensure that the information contained on the Services is accurate and reliable. However, Pokebola and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Pokebola makes no representations about the reliability of the features of the Services, the Pokebola Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Pokebola is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Pokebola, and Pokebola does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Pokebola prior to posting and Pokebola makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Pokebola makes no representations regarding the amount of time that any Pokebola Content or Submitted Content will be preserved.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Pokebola hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchant ability, accuracy, non-infringement, and fitness for any particular purpose. Pokebola disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall Pokebola or any of Pokebola’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Pokebola has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
ONLINE PURCHASES
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by Pokebola. Your information will be collected and used in accordance with Pokebola’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to Pokebola that you are capable of entering into a contract under the applicable law.
WEBSITE ACCESS
Pokebola hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Pokebola’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Pokebola will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pokebola or others due to such unauthorized use.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Pokebola may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Pokebola determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Pokebola. You also agree that monetary damages would be inadequate for such harm and consent to Pokebola’s obtaining any injunctive or equitable relief that Pokebola deems necessary or appropriate. These remedies are in addition to any other remedies that Pokebola may have at law or in equity.
If Pokebola takes legal action against you as a result of your violation of these Terms, Pokebola will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pokebola. You agree that Pokebola will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Pokebola and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Pokebola with respect to the Services. Both you and Pokebola acknowledge and agree that no partnership is formed and neither you nor Pokebola has the power or the authority to obligate or bind the other.
The failure of Pokebola to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Pokebola to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Pokebola shall not be deemed a breach of this agreement. If Pokebola fails to act with respect to your breach or anyone else’s breach on any occasion, Pokebola is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.