ToGoTechnologies - Legal Information

Last updated and effective as of April 30, 2018.

Welcome to the ToGo Technologies website (this “Site”). This Site is owned and operated by ToGo Technologies, LLC (“ToGo”). This Terms of Service (these “Terms”) governs your use of the Site, products and services provided through the Site. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR PLACING ANY ORDER THROUGH THIS SITE.

1. General. By [clicking the “I Accept” box] and/or accessing or using this Site in any way, including without limitation, browsing this Site, using software built into the site, using any information, and/or submitting any content or personal information to Fresh Tech through the Site, you agree to and are bound by the terms, conditions, Privacy Policy (available at http://home.togotechnologies.com/docs/legal and incorporated as a part of these Terms by this reference) and notices contained in these Terms, as updated from time to time. By clicking the “I Accept” box and/or using the Site, you affirm that you are more than 15 years of age and agree to abide by and comply with these Terms. Please review these Terms carefully and periodically for any updates or changes as terms may change without notice. YOUR CONTINUED USE OF THIS SITE FOLLOWING CHANGES MADE TO ANY OF THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

2. Terms of Sale.

(a) ToGo provides software that enables you to offer digital ordering to your customers (“ToGo”). This software includes but is not limited to: Inventory management software, labor management software, sales prediction software, kitchen display software (KDS), recipe display software (RDS), internet of things (iOT) and financial management software. You agree that Fresh Tools is solely an independent website. You, the merchant (“Merchant), not Fresh Tech, is the seller of its food and products, and as such, Fresh Tech is not responsible or liable for the food or products, in whole or in part, purchased, prepared or provided in connection with this Site. You hereby release and agree to hold Fresh Tech and its officers, directors, employees, agents, successors, divisions, distributors, suppliers and affiliates harmless from any and all liability for any damages, costs, expenses or losses arising out of or incurred in connection with any products and services offered by a Merchant through the Site and any Order submitted by you. THE FOOD PRODUCTS AND OTHER GOODS ARE OFFERED ON AN “AS IS,” AND “AS AVAILABLE” BASIS.

(b) By using Tools, you accept all the terms and conditions in these Terms.

3. User Names and Passwords. In order to access certain features on this Site, you may be required to create an account. You are responsible for protecting and maintaining the secrecy of your username and password. Fresh Tech will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities that occur under your account, whether or not you have authorized such activities. You agree to immediately notify Fresh Tech of an unauthorized use of your username or password. Fresh Tech reserves the right to terminate any account at any time for any reason.

4. Site Content.

(a) All contents of this Site are: © Fresh Tech. All rights reserved. Fresh Tech, Fresh Tools and their respective logos and all other logos, trademarks and service marks contained on this Site are trademarks of Fresh Technology, LLC and/or third-party licensors. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, icons, artwork, messages, video, graphics and the HTML used to generate the pages contained within this Site (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws.

(b) Except as provided in these Terms, you may not use, modify, download, upload, copy, republish, frame, print, display, perform, reproduce, license, publish, delete, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, for any commercial or public purpose, without the express written permission of Fresh Tech.

(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available. Further, the inclusion of any products, goods, restaurants, items, descriptions, or locations on this Site at a particular time does not guarantee that the products, goods, restaurants, items, descriptions, or locations will be available. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

(d) Certain materials and designations on this Site may be furnished by third parties, including advertisements, or mentioned for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners. Fresh Tech is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary rights arising out of content posted on or transmitted through this Site, or items or products listed on this Site, by third parties.

(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.

5. User Conduct. By using this Site, you agree that you shall not:

(a) delete, modify, hack or attempt to change or alter any of the Content on the Site;

(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;

(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(d) use any Fresh Tech or Fresh Tools names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(e) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;

(g) impersonate any third party or provide false information on your account information; or

(h) use this Site in violation of any applicable law.

6. Permissible Use. Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print materials and information available on this Site subject to the following conditions:

(a) the Content is used solely for personal, informational, or non-commercial purposes;

(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) the Content is not modified or altered in any way; and

(e) no graphics are used separately from accompanying text.

You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

(a) you do not frame the Site or any portion of the Site;

(b) you do not deep link into the Site (i.e., you do not link into any page other than the home page of the Site);

(c) the hyperlink to the Site is not used in a way that suggests that Fresh Tech endorses you or your website;

(d) the link to the Site is not used or presented in any way that disparages

Fresh Tech or tarnishes, blurs or dilutes the quality of Fresh Tech’s names or

trademarks or any associated goodwill; and

(e) the link to the Site is not displayed on any web page that displays objectionable content or links.

An "Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

7. Termination of Site/Modifications to Site. Fresh Tech reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, with or without notice to you, and is not obligated to support or update the Site. Sections 1-2, Sections 4-7, and Sections 9-16 of these Terms and the Privacy Policy shall survive any termination. You acknowledge and agree that Fresh Tech will not be liable to you or any third party in the event that Fresh Tech exercises its right to modify or terminate access to the Site or portions of the Site.

8. Other Sites, Content, Products and Services. As a convenience to you, this Site may provide links to web sites and access to content, products and services of third parties, including without limitation Fresh Tech’s affiliates, advertisers, strategic partners and Merchants and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Fresh Tech does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Fresh Tech, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; (d) your dealings with any third parties found on or through this Site; and (e) the accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. The fact that Fresh Tech offers such links should not be construed in any way as an endorsement, authorization or sponsorship of that site or its content, products or services.

9. Typographical Errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Fresh Tech therefore reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotional offers, descriptions, or any other information without obligation to issue any notice of such changes.

10. Disclaimer. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE (WHETHER PROVIDED BY FRESH TECH, MERCHANTS, YOU, OR THIRD PARTIES) ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS. FRESH TECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FRESH TECH MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, GOODS, ORDERS OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED; (F) THAT ALL ORDERS WILL BE FULFILLED; OR (G) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, GOODS, ORDERS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK.

11. Limitation of Liability. IN NO EVENT SHALL FRESH TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM ANY ORDER, YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF FRESH TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, ERRORS, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FRESH TECH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED (A) THE AMOUNT PAID BY YOU TO FRESH TECH OR A MERCHANT FOR THE GOOD OR PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00) (WHICHEVER IS LESS).

12. Indemnity. By using this Site, you agree to indemnify, defend and hold Fresh Tech, its affiliates, shareholders, directors, officers, employees and agents (collectively, the Fresh Tech Indemnitees”) harmless from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to (i) your use of or access to this Site and/or any Content; or (ii) your violation of these Terms. You agree to cooperate as fully as reasonably required in the defense of any claim. Fresh Tech reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Fresh Tech Indemnitees.

13. Limitation on Actions Brought Against Fresh Tech. You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Fresh Tech to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

14. Dispute Resolution. These Terms shall be governed exclusively by the laws of the State of Alabama, without regard to its conflicts or choice of law rules. EACH PARTY ALSO HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION RELATED TO THESE TERMS. All disputes or claims arising out of or related to these Terms shall be determined exclusively by arbitration in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator. Such arbitration shall be conducted in Nashville, Tennessee. The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided for in the rules of JAMS, and judgment on the arbitration award may be entered into any court having jurisdiction. Each party shall bear its own legal fees and costs. Notwithstanding the foregoing, a party may seek injunctive relief from any court of competent jurisdiction pending the outcome of any dispute resolution procedure set forth in this section. ARBITRATOR SHALL NOT AWARD ANY PARTY DAMAGES THAT ARE INCONSISTENT WITH THESE TERMS.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Birmingham, Alabama.

15. General. If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Fresh Tech’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Fresh Tech on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

16. Acknowledgement; Copyright Protection; Contact Information. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. If you have any questions about these Terms, the practices of Fresh Tech, or your dealings with this Site, please contact us through the address below. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please visit http://beta.freshkds.com/docs/legal.

Fresh Technology, LLC 200 Riverchase Center, #500

OWNER IDENTIFICATION: www.freshkds.com is a domain of the owner, Fresh Technology, LLC ("Fresh Tech"), Building 500, 2200 Riverchase Center #500, Hoover, AL 35244.

Protecting your privacy is important to Fresh Technology. This Fresh Technology Privacy Policy (“Policy”) describes how Fresh Technology and its subsidiaries and affiliated companies collect, use, disclose and safeguard the personal information you provide on Fresh Technology’s websites, through our mobile applications and other software- and Internet-enabled programs and services.

If you browse Fresh Technology website, you do so anonymously. We do not collect personal information, including your email address from individuals who browse our website, unless you affirmatively give us such information. We do log your IP address (the Internet address of your computer) to give us an idea of which parts of our website you visit, how long you spend there and your general location within our market. But we do not link your IP address to anything personally identifiable. The only other information automatically provided to us may include the type of browser and operating system you are using, information about your Internet service provider, domain name, and the website that referred you to us. Your browser supplies us with this information.

To create an account, we may request that you voluntarily supply us with personal information, such as your name, email address, postal address and phone number, for purposes such as corresponding with us, registering an account on our website or mobile application, or participating in an online survey. In addition, we may collect financial account information, such as credit card number and other payment information, for purposes such as charging you software as a service fees.

If you create an account, you are required to enter your name, email address, and password.

Upon termination of your account on this site, your data will be stored for no less than one (1) week, providing ample time for you to retrieve such information.

If you take a survey or interact with us in various other ways, we may collect demographics information and information about subjects that may interest you.

Our mobile applications also may collect geo-location information, including from the GPS function on your mobile device if enabled on your device. You can opt-out of sharing your geo-location information by changing the settings on your mobile device. If you choose to opt-out, it may disable certain features of our mobile applications.

Our collection of website use information may involve the use of cookies and web beacons. You can usually choose to set your browser to warn you when a cookie is being sent or to remove or reject cookies. Each browser is different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you choose to remove or reject cookies, it will affect the manner in which many features of our website and programs operate.

Cookies are small data files stored on your hard drive by a website to, among other things, help us improve our website and your experience. In addition, our website uses targeting or advertising cookies to see which areas and features are popular and to count visits to our website. These cookies may be used by third parties such as social networks and advertisers to provide services in return for recognizing that you have visited our website. They are usually placed by advertising networks with the website operator permission. They remember that you have visited our website and this information is shared with third party organizations such as advertisers. Examples include:

To allow social media network "Like" buttons and "Share" buttons to work.

To collect information about your browsing habits and share it with other websites so they can display advertising that is more relevant to you.

Web beacons are electronic images that may be used on our websites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

We may also collect aggregated data or anonymized data that does not directly identify
you. We may combine information we collect about you with information we
receive from third parties.

We are committed to protecting childrens privacy and we do not knowingly collect personal information from children. You can visit the Federal Trade Commission website to learn more about the Children Online Privacy Protection Act (COPPA).

Fresh Technology may use information about you for purposes described in this Policy or disclosed to you on our website, in our mobile application or with our various programs and services. For example, we may use information about you to:

Send you updates on the latest Fresh Technology news, including information about new products, services, and offers that may be of interest to you.

Process and manage your purchase and use of Fresh Technology products and services, including your accounts.

Respond to your customer service inquiries, post your comments or statements on any blog or other online forum maintained on our website and other websites, or take other actions in response to your inquiries or other website activities.

Communicate with you about your services, account and program participation.

Learn more about our customers so that we can develop better products and services.

If you do not want us to contact you, you can choose to "opt out," and Fresh Technology will respect your wishes. Simply follow the opt-out instructions in promotional emails we send.

If you opt out of receiving promotional communications from us whether online or on your mobile device, we may still send you non-promotional communications such as emails about your Fresh Technology account, if you have one, or our ongoing business relations.

We will retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

Fresh Technology does not share your personal information with anyone outside of Fresh Technology without your consent, and no one else can access your information, except in the following limited ways:

We may share information with companies that provide support services to us (such as credit card processors or website hosts). These companies may use information about you to perform their functions on our behalf.

We may disclose specific information (a) upon lawful request, in response to legal process, and when required to comply with laws, (b) to enforce our agreements, corporate policies, and terms of use or (c) to protect the rights, property or safety of Fresh Technology, our employees, agents, customers, and others.

If you participate in any blog or other online forum on our website, any personal information that you post on our website may be shared with other forum participants and website visitors.

In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, Fresh Technology may disclose personal information to those involved in the negotiation or transfer.

We may also share aggregated or anonymized information that does not directly identify you.

Fresh Technology is fully committed to data security. We have taken reasonable steps to maintain appropriate physical, technical, and administrative procedures to help safeguard and secure the information you provide to us against loss, misuse, or unauthorized access, disclosure or modification of personal information. However, while we take these reasonable efforts to protect your personal information, no one can ensure the security of the information transmitted over the Internet. In this regard, we urge you to take every precaution to protect your personal data while you are on the Internet. At a minimum, we encourage you to make sure that you are using a secure browser as you surf the Internet

Response to Do Not Track Signals:

Certain web browsers may provide an option by which you may have the browser inform websites or internet services you visit that you do not wish to have personally identifiable information about your activities tracked by cookies or other persistent identifiers across time and across third-party Internet websites, online or cloud computing services, online applications, or mobile applications. These are commonly called “do not track” (DNT) signals. Since our site does not rely on cookies or other stored information, these DNT signals will not affect your experience on our site, or using our service.

We do not allow third parties to collect personally identifiable information (PII) about a user’s online activities, over time and across different sites, services, and applications, when that user uses our site, service, or application.

We do not share any PII with 3rd parties, other than a payment processor to charge software as a service fees. Any PII is kept completely confidential and secure using the latest security measures and encryption.

This site does not maintain a process by which you can review and make changes to the personally identifiable information we collect from you.