GENERAL TERMS OF USE
1. ACCEPTANCE OF TERMS.
Please Read These Terms And The 247-delivery Privacy Policy (“privacy Policy”) Carefully Before Using The Platform. By Using The Platform On Any Computer, Mobile Phone, Tablet, Console Or Other Devices (Collectively, “devices”), You Agree To These Terms, And You Consent To The Collection, Use And Disclosure Of Information As Described In These Terms And Our Privacy Policy. If You Do Not Agree To These Terms And The Purpose For Processing Information Set Out In Our Privacy Policy, You Must Exit The Platform Immediately And Discontinue Any Use Of The Platform And Any Content Contained Therein. If You Do Not Agree To These Terms And The 247-delivery Privacy Policy, Then You Will Not Be Able To Download, Use, Or Access The Apps. Your Use Of The Platform Shall Be Deemed To Be Your Agreement To Abide By Each Of The Terms Set Forth Below.
247-delivery May, In Its Sole Discretion, Modify These Terms At Any Time By Posting Updated Terms On The Platform Or By Sending Registered Users An Email Notice. If Any Modification Is Unacceptable To You, You Must Cease Using The Platform. By Continuing To Use Or Access The Platform, You Are Agreeing To The Revised Terms. These Terms do not alter in any way the terms or conditions of any other agreement You may have with 247-Delivery or its affiliates for other products or services.
Our Privacy Policy, which is incorporated into these Terms by this reference, describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, 247-Delivery use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding 247-Delivery processing of your personal information, please refer to our Privacy Policy, available at HTTPS://247-Delivery.com/LEGAL/PRIVACY-POLICY or, as applicable, the local version available at the bottom of the regional Site.
You are expected to check this page from time to time to take notice of any changes 247-Delivery has made, as they are binding on you. The Terms were updated as of July 20, 2023 and will be in effect no later than August 20, 2023, solely to the extent you live in a jurisdiction that requires advance notice.
2. USE AND RESTRICTIONS.
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.
The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that 247-Delivery, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.
You agree not to:
resell for commercial purposes products purchased through the Platform, or as applicable, from a 247-Delivery retail store; commercially sell, resell, distribute, or frame the Platform or Content therein;
modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
use, frame or utilize framing techniques to enclose any 247-Delivery trademark, logo or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without 247-Delivery express written consent;
collect or use any product listings or descriptions; or
use any meta tags or any other “hidden text” utilizing a 247-Delivery name, trademark, or product name without 247-Delivery express written consent.
When using the Platform, you may not:
breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer or database connected to our Platform;
transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;
use any data mining, robots, or similar data gathering and extraction methods from the Platform;
access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms,
attack our Platform via a denial or service attack or distributed denial or service attack.
forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform;
Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
3. COPYRIGHT
The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of fjordelite and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with fjordelite’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, fjordelite grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by fjordelite’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without fjordelite’s express prior written consent.
If you print, copy or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at fjordelite’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the Sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. fjordelite’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.
4. TRADEMARK
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platform are proprietary to fjordelite or such Marks’ respective owners. You may not display or reproduce fjordelite Marks other than with the prior written consent of fjordelite, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of fjordelite or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of fjordelite.
5. COPYRIGHT AND TRADEMARK INFRINGEMENTS
247-Delivery respects the intellectual property rights of others, and we ask you to do the same. 247-Delivery may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide fjordelite’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit fjordelite to locate the material.
Information reasonably sufficient to permit fjordelite to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
fjordelite’s agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:
By email: gec@fjordelite.com
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6. YOUR ACCOUNT
If you purchase products or services using the Platform, you may be prompted to establish an account with fjordelite, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.
You agree to immediately notify fjordelite of any unauthorized use of your password or account or any other breach of security by CONTACTING THE GEC. We have the right to disable any account or password at any time, for any reason.
You acknowledge and agree that fjordelite may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if fjordelite is required to do so by law or legal process or if fjordelite determines, in its sole discretion, that such action is necessary to protect the rights of fjordelite, third parties, and other users of the Platform or for purposes of responding to your request for customer service.
7. TERMS OF SALE
All product sales from the Platform and purchases made in Store are governed by any terms of sale that may be posted on the Platform. You should refer to our “Help” section at the bottom of the home page and related pages on the Platform to learn more about the applicable terms, product warranties, our return and
exchange policies (the “RETURN POLICIES”), payment options and shipping terms (collectively the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in fjordelite’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
Discount and loyalty programs offered by fjordelite are subject to change and may have additional terms and conditions that apply, including but not limited to the Membership Terms, Sweat Collective Terms and Conditions, and Military & First Responder Terms and Conditions.
Unless otherwise provided for in a separate discount or loyalty program agreement: (1) fjordelite may restrict the types of acceptable payment used in connection with an applicable discount, for example, a debit or credit card may be required; and (2) you may not resell any product purchased with your applied discount. fjordelite reserves, and you acknowledge and agree that fjordelite has, the absolute right to deny use of an applicable discount or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.
8. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from fjordelite either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.
You agree that fjordelite may use and/or disclose information consistent with the Privacy Policy.
9. SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a “Submission”) and through the services available in connection with the Platform, and that you, and not fjordelite, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to fjordelite. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms in your jurisdiction.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.
You agree that fjordelite is free to use a Submission for the purpose of providing you and others with use of the Platform and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to fjordelite under these Terms, you grant fjordelite a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to fjordelite a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of fjordelite products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and fjordelite is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to fjordelite set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:
use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by fjordelite;
use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
take any action that imposes or may impose (in fjordelite’s sole discretion) an unreasonably or disproportionately large load on fjordelite’s infrastructure;
attempt to gain unauthorized access to fjordelite computer network or user accounts;
encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
attempt to damage, disable, overburden, or impair fjordelite servers or networks;
fail to comply with applicable third party terms;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
use racially, ethnically, or otherwise offensive language;
discuss or incite illegal activity;
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
post anything that exploits children or minors or that depicts cruelty to animals;
post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
use any robot, spider, scraper or other automated means to access the Platform; and
alter the opinions, goals, profiles or comments posted by others on the Platform.
This list of prohibitions provides examples and is not complete or exclusive. fjordelite reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services) and (iii) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that fjordelite determines is inappropriate or disruptive to this Platform or to any other user of the Platform and/or services. fjordelite may report to law enforcement authorities any actions that may be, or reasonable suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at fjordelite’s discretion, fjordelite will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
fjordelite takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, fjordelite is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require fjordelite to monitor, police or remove any Submissions or other information submitted by you or any other user.
fjordelite prohibits crawling, scraping, caching or otherwise accessing any content on the Platform via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with fjordelite’s express consent).
It is fjordelite’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, fjordelite does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that fjordelite is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
10. MODIFICATIONS
Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, fjordelite reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.