Terms and Conditions

Last updated: May 12, 2019

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1. Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using Clever Box Company websites (yummy.cleverboxcompany.com / happy.cleverboxcompany.com / admin.cleverbox.com / celverboxcompany.com) & locker-based order pick up (the "Service"). The Yummy Box or The Happy Box activated by FoodGarage, LLC ("us", "we", "our", or “Clever Box Company”) and accessed and used by food establishments, restaurant customers, restaurant visitors, restaurant employees, food delivery services, members, employees, administrators, lawful or unlawful visitors, customers and couriers (“you”, “users”, or “your”).

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Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

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These Terms of Service apply to all products and services offered by FoodGarage, LLC on the Site and otherwise (collectively, the “Services”), including without limitation, our locker-based order pick up offering (“The Yummy Box or The Happy Box”), the Content (as defined below), and the Software (as defined below). Note that special terms might apply to some Services offered by FoodGarage, LLC. Any such special terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” “SIGN UP” OR “I ACCEPT” BUTTON OR ACCESSING OR USING ANY FOODGARAGE, LLC SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH FOODGARAGE, LLC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE FOODGARAGE, LLC SERVICES.

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2. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your telephone number, email address and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

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The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

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We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

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3. Privacy and Your Personal Information

You should review FoodGarage, LLC Privacy Policy at https://www.cleverboxcompany.com/privacy-policy for more information regarding the ways in which FoodGarage, LLC collects, uses and shares this information and other information relating to you. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND SHARING OF THIS INFORMATION IN ACCORDANCE WITH THIS PARAGRAPH AND OUR PRIVACY POLICY.

4. Availability, Errors and Inaccuracies

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We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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5. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FoodGarage, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FoodGarage, LLC customer support team.

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A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide FoodGarage, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, email address and a valid payment method information. By submitting such payment information, you automatically authorize FoodGarage, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, FoodGarage, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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6. Customer Financing

Some parts of the Service are billed on a financing basis ("Customer Financing”). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") by third party. Billing cycles are set by third party either on a monthly or annual basis, depending on the type of financing plan you select when purchasing a Subscription (The Yummy Box or The Happy Box). 

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7. Free Trial

FoodGarage, LLC may, at its sole discretion, offer a Subscription (The Yummy Box or The Happy Box) with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by FoodGarage, LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, FoodGarage, LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

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8. Fee Changes

FoodGarage, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

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FoodGarage, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

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9. Refunds

Certain refund requests for Subscriptions may be considered by FoodGarage, LLC on a case-by-case basis and granted in the sole discretion of FoodGarage, LLC.

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10. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times which may include third-party log-in credentials (like Auth0) (like Facebook) (like Google) (the “Registration Data”). Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

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You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, electronic locks, digital tablet and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password which, together with your username and/or e-mail address, allows you to access the Service, whether your username and/or e-mail address password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You also agree to notify us promptly at [email protected] of any unauthorized use of your username, password, electronic locks, other account information, or any other breach of security that you become aware of involving or relating to the Services.

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You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

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You may not use a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

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11. Agency

You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

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12. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

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If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

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You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

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DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

·      a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

·      identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

·      your address, telephone number, and email address;

·      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at [email protected]

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13. Intellectual Property

The Services and its original content, such as text, data, features, functionality, information, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Service”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and will remain the exclusive property of FoodGarage, LLC and its licensors. Our trademarks, patents, copyrights and trade dress may not be used in connection with any product or service without the prior written consent of FoodGarage, LLC. The trademarks, logos and service marks (the “Marks”) displayed on the Services are owned by FoodGarage, LLC or third parties. You are prohibited from use of those Marks without the express, written permission of FoodGarage, LLC or such third party. If you would like information about obtaining FoodGarage, LLC permission to use the Content on your website or “Locker Location”, e-mail us at [email protected].

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Subject to your compliance with these Terms of Service, in the event that we offer downloads of software on the Services and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of FoodGarage, LLC, and you may not use the Content in a manner that suggests an association with any of our products, services or brands.

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14. The Yummy Box or The Happy Box (FoodGarage, LLC) Service

Once you register to use The Yummy Box or The Happy Box Service, you may have customers order food, drink, packages, and merchandise to be picked up from the locker (The Yummy Box or The Happy Box) location for which you have registered (your “Locker Location”) by third parties that are not owned or operated by FoodGarage, LLC. In such instances, The Yummy Box or The Happy Box acts only as the link between you and such businesses. The Yummy Box or The Happy Box (FoodGarage, LLC) is not responsible for, nor does The Yummy Box or The Happy Box (FoodGarage, LLC) retain any ownership in, any order food, drink, packages, and merchandise picked up and/or dropped off by you.

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The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the food, drink, packages, and merchandise or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. FoodGarage, LLC makes no representations or warranties of any kind, express or implied, regarding any food, drink, packages, and merchandise or information received from such third parties and the fact that The Yummy Box or The Happy Box (FoodGarage, LLC) makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

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Once you are notified that food, drink, packages, and merchandise has been placed inside of The Yummy Box or The Happy Box for pick up, restaurant customers, restaurant visitors, restaurant employees, and food delivery services will need to pick up any food, drink, packages, and merchandise from The Yummy Box or The Happy Box location. 

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Restaurant owners/operators’ or Collaborative Space locations may charge fees for this service. FoodGarage, LLC may have limits on how long customers, visitors, employees, members and delivery services food, drinks, merchandise, and packages services may be inside The Yummy Box or The Happy Box. Restaurant owner/operators may review the applicable charges for their locker (The Yummy Box or The Happy Box) location by visiting their account settings on www.cleverboxcompany.com or contacting FoodGarage, LLC by email at [email protected]. If your food, drink, packages, and merchandise are not picked up in the time allotted, FoodGarage, LLC and locker location reserves the right to cancel such orders or remove it from lockers. In no event, will FoodGarage, LLC (The Yummy Box) be responsible for charges associated with purchased, canceled, removed orders.

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In no event, will FoodGarage, LLC be responsible for food, drink, packages, and merchandise not picked up. In no event, will FoodGarage, LLC be responsible for food, drink, packages, and merchandise spoilage. In no event, will FoodGarage, LLC be responsible for f food, drink, packages, and merchandise safe temperature storage and consumption. In no event, will FoodGarage, LLC be responsible for food, drink, packages, and merchandise containing bacteria, causing sicknesses or death to you. In no event, will FoodGarage be responsible for proper or improper storage or handling of food, drink, packages, and merchandise.

In no event, will FoodGarage, LLC be responsible for unlawful items, unlawful tampering of The Yummy Box or The Happy Box and/or any items stored inside or on The Yummy Box or The Happy Box. In no event is FoodGarage, LLC (The Yummy Box & The Happy Box) responsible for stolen food, drink, packages, and merchandise caused by you. In no event, will FoodGarage, LLC be responsible for any type of injury or pain caused by The Yummy Box or The Happy Box.

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Shipping and handling charges associated with returning food, drink, packages, and merchandise to the seller  (“The Yummy Box or The Happy Box Location”) is the sole responsibility of the purchaser of The Yummy Box or The Happy Box.

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FoodGarage, LLC (The Yummy Box) will not be responsible for any lost or stolen food, drink, packages, and merchandise. If a lock or code is not working properly, please inform FoodGarage, LLC by e-mailing [email protected]. We will use our best efforts to maintain working order of Lockers and to fix any malfunctions within three business days after learning of such malfunction.

You can check with FoodGarage, LLC or location of The Yummy Box or The Happy Box policy. If food, drink, packages, and merchandise is too large to fit in The Yummy Box or The Happy Box (locker) (either because the order is too large or because the system is full) please speak with owners of the establishment to find out location policy.

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15. Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by FoodGarage, LLC

FoodGarage, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FoodGarage, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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16. Recordings

FoodGarage, LLC may record video, take pictures of you and food, drink, packages, and merchandise labels or capture a signature when food, drink, packages, and merchandise are dropped off or picked up. You consent to FoodGarage, LLC right to capture you or your likeness via videotape, film, record, photograph, or voice, and in exchange for the right to use the Services you hereby permanently grant FoodGarage, LLC the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to (1) use, and permit to be used, your name and identity solely in connection with FoodGarage, LLC performance and delivery of the Services. You hereby waive all rights and release FoodGarage, LLC and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness or voice in connection with the Services and (2) use any such videotape, film, record or photograph of you and/or your signature to provide and solely improve the Services.

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You acknowledge that FoodGarage, LLC shall not owe any financial or other remuneration for using the recordings provided hereunder, either for initial or subsequent transmission or playback, and further acknowledge that The Yummy Box is not responsible for any expense or liability incurred as a result of your recordings or participation in any recordings, including any loss of such recording data.

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17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

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If you wish to terminate your account, you may simply discontinue using the Service. Please contact [email protected] remove The Yummy Box or The Happy Box from your location.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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18. Indemnification

You agree to defend, indemnify and hold harmless FoodGarage, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you, your customers or any person using your account and password and locker system, or b) a breach of these Terms.

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19. Limitation of Liability

In no event shall FoodGarage, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, injury, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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20. Rules of Conduct

Your use of the Service is expressly conditioned upon you complying with the following restrictions: You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Service, without FoodGarage, LLC (The Yummy Box) express written consent, which may be withheld in FoodGarage, LLC sole discretion; You may not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, manual or powered tool for screwing and unscrewing screws or intelligent agents) to navigate, search, or gain unauthorized access to the Service and electronic locks on The Yummy Box other than the search engines, search agents, and digital code (“PIN”, “PIN CODE” or “ACCESS CODE”) available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

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You may not attempt to change the master code or sub master code without express written consent, which may be withheld in FoodGarage, LLC sole discretion. You may not use search engines and search agents to gain unauthorized access to lockers (The Yummy Box) unless you are the restaurant owner/operator, law enforcement or FoodGarage, LLC (The Yummy Box) and its affiliates, and their officers, directors, employees and agents from,, LLC. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software or locker system (The Yummy Box) comprising or in any way making up a part of the Service. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not make physical changes to The Yummy Box (e.g. design, digital tablet location, or doors) without the express written consent of FoodGarage, LLC. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited. You will not create multiple accounts with the same credit card or telephone number. You will not create and delete accounts to redeem the same offers or special offers. You will not add the same account multiple times to your account. FoodGarage, LLC will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. FoodGarage, LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that FoodGarage, LLC has no obligation to monitor your access to or use of the Service (The Yummy Box) or to review or edit any User Content but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FoodGarage, LLC reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that FoodGarage, LLC, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.

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22. Your choices and opt-out

We do not share your personal information with other third-party organizations for their marketing or promotional uses without your consent except as part of a specific program or feature for which we will provide the ability to opt out. The Services will automatically send you SMS messages with updates and other information. You may stop receiving SMS messages by replying STOP or OFF in response to any received SMS message. You may also opt-out of receiving SMS messages on the Clever Box Company websites. If you opt-out of receiving SMS messages, you may not be able to use certain Services. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of such emails.

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23. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

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FoodGarage, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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24. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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25. Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

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26. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site. What constitutes a material change will be determined at our sole discretion.

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By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

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27. Contact Us

If you have any questions about these Terms, please contact us. We are here to help.