Your use of the websites, apps on which these terms reside (collectively, the “Platform”), and the
features, loyalty and other programs, communications, events and services offered on or in connection
which sets forth a legally binding agreement between you and Main Squeeze Juice Company Franchise, LLC
Please read this Agreement carefully before using this Platform or participating in any Services. If you do not agree to the terms contained in this Agreement, then you may not use the Platform or participate in the Services. Your use of the Platform and/or participation in any Service constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, conducting transactions electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Louisiana law. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Platform.
From time to time Main Squeeze may update this Platform and this Agreement. Your use of this Platform after Main Squeeze posts changes to this Agreement constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. Main Squeeze may, in its sole discretion, and at any time, discontinue this Platform or any part thereof and any of the Services, with or without notice, or may prevent your use of this Platform and/or the Services with or without notice to you. You agree that you do not have any rights in this Platform and Main Squeeze will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN MAIN SQUEEZE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
Main Squeeze grants you a limited, nonexclusive, revocable license to use portions of the Platform solely for your own private, non-commercial purposes only and solely in accordance with the terms of this Agreement. You acknowledge that any reliance on the Platform or any Content (as hereafter defined) will be at your own risk. Main Squeeze also makes no representations regarding the amount of time that any Content will be preserved. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, layout and other materials provided to you via the Platform and the compilation of the foregoing (collectively “Content”), are intended only for the lawful use by users of the Platform. The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Main Squeeze, and/or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by Main Squeeze that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, and other intellectual property and proprietary rights laws. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Main Squeeze if any of your information changes. Main Squeeze makes no representation that the Platform or Content is appropriate or available for use in particular locations.
The Platform, Content, Platform Updates (as defined below), documentation, and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Main Squeeze subject to the terms of this Agreement. The rights granted herein are non-transferable, and are limited to Main Squeeze's intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Main Squeeze proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate Main Squeeze to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform. You agree not to download, display, or use any Content use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Main Squeeze, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Main Squeeze or its licensors' property, or that otherwise infringes Main Squeeze or its licensors' intellectual property rights. You further agree to in no other way misuse any Content or third party content.
2. USE OF THE PLATFORM
The following requirements apply to your use of the Platform: • You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Main Squeeze. • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. • You will not collect or store personal data about other users. • You will not use the Platform for any commercial purpose not expressly approved by Main Squeeze in writing. • You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. • You will not upload, post, email, include in any Messages (as hereafter defined) or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Main Squeeze's system or any third party's computer. You further agree that you will not share or post any content that undermines the operation of the Platform. By displaying, publishing, or otherwise posting any content on or through the Platform and/or providing Main Squeeze with any such content, you hereby grant Main Squeeze a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You represent and warrant that you own such content and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3. BINDING ARBITRATION
No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Main Squeeze.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
4. COMMUNICATING WITH MAIN SQUEEZE
By using the Platform, you acknowledge and agree that any materials, pictures, ideas or other communications you transmit to Main Squeeze in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Main Squeeze may be used by Main Squeeze anywhere, anytime, and for any reason whatsoever.
5. MOBILE SERVICE, INTERNET, AND SERVICE FEES
The use of the Platform on a mobile device (whether the Main Squeeze mobile application (“Mobile App”) or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform and the Program (as hereafter defined), including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Main Squeeze, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
The Platform may not work with all computers, browsers, devices or all mobile carriers. Main Squeeze makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. Certain device and browser combinations may not support online ordering features and other Platform features. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
6. ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This may include loyalty and rewards programs, as well as return policies for certain transactions. In the event of any conflict between this agreement and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Platform and not on the mobile app version(s) of the Platform, and vice versa.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Main Squeeze with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid E-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your login credentials, password and account, including maintaining the physical security of your device. If the Platform permits you to login using your device's fingerprint or facial or any other sensor, only enable such a feature if the device is your own personal device.
Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities undertaken with your device, any Main Squeeze gift card or stored payment card, whether authorized or unauthorized. You agree to notify Main Squeeze immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Platform. Main Squeeze is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Main Squeeze shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You agree that Main Squeeze and Main Squeeze's third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Main Squeeze the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Main Squeeze believes you may be interested, including working with third parties who provide targeted advertising content.
7. MAIN SQUEEZE GIFT CARDS
The following Main Squeeze Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of Main Squeeze gift cards that are purchased at Main Squeeze restaurants or authorized third-party distributors (collectively, “Card(s)”). This Agreement is between you, the Cardholder, and Main Squeeze Juice Company Franchise, LLC, a Louisiana limited liability company and the legal entity of the individually owned and operated Main Squeeze location where you purchase your Card. By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
7.1. About Your Card
Cards are issued by the Main Squeeze Juice Company store where you purchased your Card, which is the sole legal obligor to the cardholder. Main Squeeze Juice Company Franchise, LLC and their affiliates and other franchisees (other than the store where you purchased your Card) bear no responsibility or liability for any Cards, and you hereby knowingly release Main Squeeze Juice Company Franchise, LLC and their affiliates and other franchisees (other than the store where you purchased your Card) from any and all liability or claims of any nature whatsoever arising in connection with this Card. Cards can be purchased at participating Main Squeeze locations. Cards are valid only if obtained from participating Main Squeeze locations. Cards are not valid and will not be honored, and Main Squeeze will not be liable, if obtained from unauthorized sellers, including through internet auction sites.
7.2. Balance Inquiry
For balance inquiry, please email email@example.com or call the number on the back of your Card. The balance you see when viewing Card balances via email or over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
Cards do not expire. No fees for inactivity or service fees apply.
Card is redeemable only for purchases of food and beverages at participating Main Squeeze locations in the United States. It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Card.
7.5. Lost, Stolen or Damaged Card
Protect your Card like cash. The unused value of lost, stolen, or damaged Cards as shown on our records can be replaced if proof of purchase is provided. To obtain a replacement Card: (1) call the number on the back of your Card and ask to speak to an operator to freeze your Card balance; and (2) contact firstname.lastname@example.org.
7.6. MANDATORY BINDING INDIVIDUAL ARBITRATION
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
7.7. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You, Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you, Main Squeeze Juice Company Franchise, LLC and the store that sold you the Card may take claims to small claims court if they qualify for hearing by such a court.
You, Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.
You, Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card agree to waive the right to trial by jury. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Main Squeeze Juice Company Franchise, LLC, the legal entity of the store that sold you the Card and their affiliates and other franchisees.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you. Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card each waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
Arbitration shall be conducted by JAMS Alternative Dispute Resolution (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at JAMSADR.COM or (800) 352-5267. To begin an arbitration proceeding, you must serve Main Squeeze Juice Company Franchise, LLC's registered agent for service of process, Michael Canseco, Esq., at 5521 Tchoupitoulas Street, New Orleans, LA 70115. Payment of all filing, administration and arbitrator fees will be governed by JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card will pay all other administrative costs and fees. Reasonable attorneys' fees and expenses will be awarded only to the extent such allocation or award is available under applicable law. Any arbitration will take place in the county where Claimant resides and will be determined by a single arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction.
7.8. Limitation Of Liability.
MAIN SQUEEZE JUICE COMPANY FRANCHISE, LLC, THE LEGAL ENTITY OF THE STORE THAT SOLD YOU THE CARD, AND THEIR AFFILIATES AND OTHER FRANCHISEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
7.9. Choice Of Law.
The laws of the State of Louisiana, without regard to principles of conflict of laws, apply to this Agreement and use of your Card.
7.10. Changes To Agreement.
Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card reserve the right to change this agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this agreement here.
Main Squeeze Juice Company Franchise, LLC and the legal entity of the store that sold you the Card reserve the right to refuse to honor a Card obtained fraudulently.
8. TRANSACTIONS AND PRODUCT AVAILABILITY
Through the Platform, you may be able to order and/or pay for Main Squeeze or third-party products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Main Squeeze gift card numbers.
You may also be asked to supply mailing or shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Main Squeeze and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Main Squeeze may permit you, through the Platform, to order menu items or other products or services (collectively “Products or Services”) from a Main Squeeze location. All descriptions, images, features, specifications, Products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Main Squeeze reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that web and mobile ordering and the ability to purchase Products and Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.
Main Squeeze may contact purchaser with short online survey(s) to collect feedback related to their Main Squeeze experience.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order except to the extent edit options are made available on the Platform in Main Squeeze's sole discretion. After you have checked-in or you have otherwise directed Main Squeeze to begin preparation of your order by means designated by Main Squeeze and communicated to you in Main Squeeze's sole discretion, you may not cancel your order. If you do not check-in or otherwise direct Main Squeeze to begin preparation of your order in accordance with Main Squeeze's direction prior to midnight local time at the applicable store after having placed your order, your order will be cancelled and a refund will be processed. Please allow at least four weeks for the refund to be processed; refund times may vary based on your payment card issuer. Except with respect to a Main Squeeze in-store ordering kiosk, the Platform's ordering functionality is intended for off-site use only and is not for use for placing an order from within a Main Squeeze restaurant.
In some locations, you may be able to place an order for delivery. Main Squeeze and its delivery vendor(s) deserves the right to accept or decline an order for any reason up until the time the product is actually delivered to you. You acknowledge and agree that delivery times may vary and that Main Squeeze makes no warranty or guarantee with respect to when your order will be delivered. Delivery is not available in all locations. You agree that your delivery request (where available) may be fulfilled by a third party at Main Squeeze's discretion.
9. MAIN SQUEEZE LOYALTY PROGRAM
The Main Squeeze Loyalty Program (“Program” or “Loyalty Program”) is a promotional program offered by Main Squeeze. Under the Program, you can earn Points (as hereafter defined) by making qualifying purchases via the methods specified by Main Squeeze (in Main Squeeze's discretion from time to time) at participating Main Squeeze restaurants and using your Loyalty Program number for such purchase (collectively, a “Qualifying Purchase”). You can use these Points to obtain a preselected list of reward items (referred to generally as “Reward(s)”). Below is a detailed description of the Program and the terms and conditions that apply to your participation in the Program (the “Program Terms”). Please note that by using the App or otherwise participating in the Program, you are agreeing to be bound by the Agreement, including, without limitation, all Program Terms. The Program shall be included in the definition of the “Platform” hereunder.
You should not rely upon the continued availability of the Program or any Points accumulated in connection therewith.
THE PROGRAM IS VOID WHERE PROHIBITED. MAIN SQUEEZE RESERVES THE RIGHT TO MODIFY OR TERMINATE THE LOYALTY PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS AND/OR REWARDS ALREADY ACCUMULATED.
9.1 Changes to the Program; Program Termination
Main Squeeze may modify, restrict, or change the Program and/or the Program structure at any time, which changes may include, but are not limited to, changing the number of Points you may earn to redeem a particular Reward, the method by which you can record your Qualifying Purchases, the types of Rewards available, omitting or adding Reward levels or categories, imposing, increasing, or eliminating points caps or imposing Program fees, or changing the conditions under which Points or Rewards expire or are forfeited.
Main Squeeze reserves the right to suspend or terminate the Program at any time. You must redeem and use all Points and Rewards before expiration, or the effective date of termination, or those unused Points/Rewards shall be forfeited. Points earned through prior loyalty programs that have been terminated will not be honored. No extensions, cash refunds, or other exchanges will be allowed for expired rewards Points.
Participation in the Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are age sixteen (16) years of age or older, and who have created a Main Squeeze account, all at the time of purchase. The Program is not targeted towards and is not intended for use by anyone under the age of 16. If you are between the age of 16 and 18, you may only accrue Points and use Rewards under the supervision of your parent or legal guardian, who agrees to be bound by these Program Terms.
Except as otherwise communicated by Main Squeeze from time to time, to participate in the Program, you must have a Main Squeeze Loyalty Program account (“Account”). Limit: one (1) Account per person/phone number, regardless of whether more than one person uses the same phone number. Main Squeeze may revise the methods in which a consumer can create an Account at any time. During the term of the Program (as determined by Main Squeeze in Main Squeeze's sole discretion), when you log into your Account using the Mobile App or providing your phone number at checkout (or such other channels as may be designed by Main Squeeze in the future), after agreeing to this Agreement (including these Program Terms), you will be enrolled in the Program. Upon successful login to your Account on the Mobile App or signing up by providing your phone number (or such other channels as may be designated by Main Squeeze in the future), your loyalty account (“Loyalty Account”) will automatically be established. You acknowledge and agree that Main Squeeze may send you information and notices regarding your Loyalty Account and the Program by email, SMS, push notification, or other means based on the information you provide to Main Squeeze. You acknowledge and agree that Main Squeeze shall have no liability associated with or arising from your failure to maintain accurate Account information, including, but not limited to, your failure to receive critical information about the Program.
9.4 Earning Points
At the start of the Program, only designated qualifying food and beverages purchases made through your Account may be deemed “Qualifying Purchases” and eligible for the accrual of Program points (“Points”). At any time, Main Squeeze may add, eliminate, or otherwise change the methods of pickup that qualify as “Qualifying Purchases. No partial Points will be awarded. For the avoidance of doubt, taxes, purchases that have been refunded, tips, gift cards, and delivery orders will not constitute Qualifying Purchases hereunder unless otherwise expressly designated by Main Squeeze.
Once you complete your Program enrollment, you will start earning Points for Qualifying Purchases. After you purchase a Qualifying Purchase, please allow up to forty-eight (48) hours for Points to be deposited into your Loyalty Account. Main Squeeze will not be liable for any failure to credit Points in a timely manner.
For eligible Mobile App users with Accounts established prior to the start of the Program, you will earn Points for your Qualifying Purchases beginning on the date that the Program is first available to you upon signing up for the Loyalty Program, once you have agreed to the Program Terms. Purchases made before such date shall not constitute Qualifying Purchases. Purchases made before you agree to the Program Terms shall not constitute Qualifying Purchases. Total Point accruals may only be accessible via the Mobile App or by emailing email@example.com.
If at any time your Account is not in good standing, no additional Points may accrue with respect to any Qualifying Purchase you make until your Account returns to good standing. Points have no cash or other value and may be used only to obtain Rewards in the Program. Points accrued in your Loyalty Account do not constitute your property and do not entitle a participant to a vested right or interest. At Main Squeeze's discretion, Points may be revoked, cancelled, limited, or modified at any time, even though such action may affect your right to use previously accumulated Points. You may not purchase Points or transfer Points from one Loyalty Account to another Loyalty Account. You also may not transfer or sell any Points or your Loyalty Account. Main Squeeze is not liable for Points that are lost, suspended, delayed, uncredited, or revoked due to suspected or actual fraudulent, unauthorized, illegitimate, or other unacceptable use.
9.5 Points Expiration/Forfeiture
All Points will expire at death or when you violate the terms of this Agreement, at which point your Points will be forfeited if your Account or Loyalty Account will terminated and/or deleted by you or by Main Squeeze. You may not be provided with notice of expiration or forfeiture of Points. You are not entitled to compensation from Main Squeeze or from any other entity if your Points expire or are forfeited for any reason.
9.6 Rewards and Reward Expiration
You may redeem your Points for discounts at checkout by informing the cashier or using our online ordering platform (redeeming points is not allowed with our third-party delivery partners). Points do not convert into a payment method, but instead convert into discounts that can be applied to orders at checkout. Limit: One (1) Reward per transaction. Except as otherwise designated by Main Squeeze, you may not combine Reward redemption with any other offers. From time to time, Main Squeeze may limit the amount of Rewards you can redeem within a specified time period. Rewards and Points are not transferrable, non-divisible, and may not be combined with other Loyalty Program's accounts.
Each Reward may be subject to terms and conditions specific to the Reward. You will be responsible for any cost(s) associated with any customizations, additions, or changes you make to a Reward item, including any sales tax on such changes (even if not charged at checkout). Main Squeeze is not liable to you if a Reward expires prior to your use of the Reward. An expired Reward will no longer be available for use or redemption. You can only acquire Rewards to the extent that you have the required number of Points in your Loyalty Account or to the extent Main Squeeze elects to offer any other Reward method. You cannot combine Points in one Loyalty Account with Points in other Loyalty Accounts. Once a redemption order is placed or the Reward expires, your Loyalty Account will show a deduction of the Reward. Rewards are subject to availability at participating Main Squeeze locations in the fifty (50) US and D.C.
9.7 Miscellaneous Loyalty Program Details
You can view certain Loyalty Account activity on the Mobile App. If your password or other proprietary information about your Loyalty Account is lost or stolen, please contact firstname.lastname@example.org. Main Squeeze is not responsible or liable for any Points or Rewards redeemed or used on your Loyalty Account through a lost or stolen password. If you have a problem or question regarding the Program or your Loyalty Account, send an e-mail to email@example.com. If you do not wish to participate in this Program, place orders on the web (rather than via the Mobile App) as a “guest” instead of as a logged-in account user.
These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. We reserve the right to terminate your access to and ability to participate in the Program (or any portion thereof), deactivate your Account, your Loyalty Account, and/or immediately invalidate all or any portion of your Points for any reason and at any time in Main Squeeze's sole discretion, including (without limitation) in the event of fraud, a violation of these Program Terms, or other acts/omissions that Main Squeeze deems unacceptable (with or without notice). These rights are in addition to any other legal or equitable remedy that may be available to Main Squeeze under applicable law.
9.8 REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY
Main Squeeze and its parents, affiliates, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Main Squeeze Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Main Squeeze or the Main Squeeze Affiliates.
Main Squeeze and the Main Squeeze Affiliates are not responsible for any resulting damage to any user's device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that email and other submissions over the internet may not be secure and you should consider this before emailing Main Squeeze or the Main Squeeze Affiliates any information or posting information to the Platform. Main Squeeze and the Main Squeeze Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.
THE PLATFORM (INCLUDING ALL PLATFORM UPDATES), THE SERVICES, AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MAIN SQUEEZE AND THE MAIN SQUEEZE AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND THE CONTENT. MAIN SQUEEZE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Main Squeeze or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT MAIN SQUEEZE AND THE MAIN SQUEEZE AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM, THE SERVICES, THE CONTENT, MESSAGES, AND/OR ANY SERVICES PERFORMED THROUGH THE PLATFORM OR ANY FAILURE OF PERFORMANCE; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MAIN SQUEEZE, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT OR PARTICIPATION IN ANY SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF MAIN SQUEEZE OR THE MAIN SQUEEZE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MAIN SQUEEZE'S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MAIN SQUEEZE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL MAIN SQUEEZE OR THE MAIN SQUEEZE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. LINKS TO THIRD-PARTY PLATFORMS AND SERVICES
The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Platform may allow you to add/configure certain Third-Party Services to your device. The Platform may also permit you to login to the Platform through a Facebook or other social media or email account. Main Squeeze has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Main Squeeze servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Main Squeeze is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Main Squeeze may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, PARTICIPATING IN THE SERVICES, AND/OR ACCEPTING ANY INFORMATION OR SERVICES FROM OR THROUGH THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MAIN SQUEEZE AND THE MAIN SQUEEZE AFFILIATES AND FRANCHISEES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT OR PARTICIPATION IN THE SERVICES; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM OR PARTICIPANT IN THE SERVICES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; AND/OR (I) YOUR USE OF ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO ANY PROPERTY. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MAIN SQUEEZE'S DEFENSE OF ANY CLAIM. MAIN SQUEEZE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF MAIN SQUEEZE.
This Agreement constitutes the entire Agreement between you and Main Squeeze governing your use of the Platform and participation in the services, superseding any prior agreements between you and Main Squeeze relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Main Squeeze to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Platform and/or participating in the services, you agree that the statutes and laws of The United States and the State of Louisiana, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Platform and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts In Louisiana. The United Nations Convention on Contracts for the International Sale Of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
You agree that any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM, THE SERVICES, AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform, which may be as simple as clicking an electronic button to signify your acceptance. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact Main Squeeze at firstname.lastname@example.org to change your communication preferences. You may not use or otherwise export or re-export the Platform except as authorized by United States Law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries, or that has been designated by the U.S. Government as a “Terrorist Supporting Country” or (b) to anyone on the U.S. Treasury Department's List Of Specially Designated Nationals or The U.S. Department Of Commerce Denied Person's List or Entity List. By using the Platform, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Platform for any purposes prohibited by United States Law, including, without limitation, the Development, Design, Manufacture, or Production of Nuclear, Missiles, or Chemical or Biological Weapons. In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Main Squeeze at email@example.com or at the following address: Main Squeeze Juice Company Franchise, LLC, 5521 Tchoupitoulas Street, New Orleans, LA 70115.
13. ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM AND LOYALTY PROGRAM
Users of the mobile app Platform expressly consent to receive push notifications from and on behalf of Main Squeeze. Users of the Loyalty Program expressly consent to receive SMS notifications and email correspondence from and on behalf of Main Squeeze.
13.1 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
13.1.1.User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
13.1.2.User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Main Squeeze Juice CO and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
13.1.3.Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of juice and food.
13.1.4.Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
13.1.5.Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
13.1.6.MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
13.1.7.Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
13.1.8.Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
14. USERS OF THE APPLE MOBILE APP PLATFORM
If you download and/or use the mobile app platform: you, the end-user of this platform, acknowledge that this agreement is entered into by and between Main Squeeze and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are Third-Party Beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the app store terms and conditions (located online at http://www.Apple.com/legal/itunes/us/terms.html#apps). This Agreement incorporates by reference the licensed platform end user license agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “licensed platform” as defined in the LAEULA and Main Squeeze is considered the “platform provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.
15. MOBILE APP PLATFORM UPDATES
Main Squeeze may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or, multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by Main Squeeze.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of Main Squeeze and its licensors of the Platform and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Main Squeeze may, at its discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users, and end use.