Your privacy is important to us! This policy describes how the App collects your information, how that information is shared with Smoothie King Franchises, Inc. (“Smoothie King”), and how Relevant uses the information to provide you services.
Here are a few key points to remember:
Relevant Collects the Data and Smoothie King Owns It: Relevant designs, produces, and maintains the App and is the primary recipient of the information collected by them. Relevant collects historical information about your usage of the App.
Data Collected by Relevant is Only Used for the App: We make lots of apps. Relevant does not use information collected by this App for the purposes of another Relevant app, unless the information is anonymized and aggregated.
We Collect Your Location to Provide You Cool Features: The App, with your consent (as described in this Policy), collects location information produced by your phone—this information is not associated with any customer identifying information, and it not shared publicly or with other users of the App.
We Do NOT Sell Your Data To Spammers: Relevant does not share any information collected by the App with spammers, marketers, or data brokers. We may, however, contract with third parties to provide additional services to you or carry out our obligations in providing the App.
Relevant designs, produces, and maintains the Smoothie King App. All data from the App is sent to Relevant except for correspondence you send directly to Smoothie King.
Information We Collect
Registration Information. You must register in order to use the App. When you register, you will be asked to provide a number of fields that may include any of the following: email address, password, your phone number, first name, last name, mobile phone number, security question, security answer, birthday, zipcode, favorite store, or other demographic information. Some fields may be optional. Some of this information may be used to identify you to provide you with rewards.
Information Collected by the App
Usage Information. The App collects information the App generates when you use it, which includes any information you enter into the App, as well as information derived from your use of the App, such as transaction information that is transmitted when you provide the cashier with your phone number or other identifying information like a barcode, and information related to surveys you submit.
Payment Information. To use the App to pay for products or services, you must enter your credit card information into the App. This data is encrypted and passed to our third party service providers that process the transaction when you activate the feature to make a purchase. Neither Relevant nor Smoothie King have access to or store your credit card information.
Log Data. The App also collects the following background data about you, also known as log data, when you use of the Smoothie King App: (1) device type (e.g., the type of phone), (2) phone software version, (3) device identifiers, including iPhone device tokens and Android phone device tokens and device numbers, (4) number of uses and length of use of the App, and (5) IP address of users’ historical login information.
Location Information. The Smoothie King App is equipped with mobile device location information features. With your permission (provided via the location services on your mobile device being set to “on” mode), the Smoothie King App will collect location data produced by your mobile device at regular intervals. This location information will be made available to Smoothie King with registration information and usage information removed.
How We Use Your Data
The App collects information and sends it to Relevant, where it is processed and stored. All collected information and reports about usage are provided and made available to Smoothie King. Although Relevant is the primary recipient of the information that the App collects, all of that information is the property of Smoothie King.
The information collected by the App may be used in the following ways by Relevant:
To provide services including the issuance of points, rewards, surveys, and other functions that are part of the App or Smoothie King’s approved customer engagement program.
To analyze point-of-sale data linked to your order when you provide the Smoothie King cashier with your App barcode. Relevant will analyze this to learn about your purchase preferences and to process and store details involving the time, place, number of items, order costs, which of Smoothie King’s customer service agents helped you, and other features of your orders.
To communicate an offer, contest, promotion, survey, or other Application feature via the app or at the email address you provided to us. Relevant or Smoothie King communicates with you for these purposes at the direction of Smoothie King/ You can unsubscribe from promotional emails by following the instructions at the bottom of an email. You can opt out of push notifications by going to the Settings area on your mobile device. You can opt out of text messages by following the text program instructions to opt out.
To periodically send emails, or messages giving you information about your loyalty, ordering, payment, gift card, or other transactions from the App, including maintenance issues. Because these emails are necessary to facilitate the functionality of the App and loyalty program or other functionalities, you cannot opt-out of receiving them as long as you are an active user of the App.
To improve Relevant’s other services, for example, by analyzing customer usage patterns of the Smoothie King App and drawing conclusions from such patterns.
To provide customer service, including to aid in the assessment of technical support requests.
How We Share Your Data
Consent: Relevant shares information collected by the App with your consent.
Aggregated and Anonymous Information: Relevant may share information collected by the App with affiliated and unaffiliated third parties, but only where the information does not personally identify you, is aggregated with other users’ information in ways that make your personal identity impossible to discern, or is otherwise identified. Location information collected by the Smoothie King App is anonymized and not associated with any customer identifying information. Your location is not considered public information, is never published to other users of the App or to a public audience, or posted on any profile.
Valid Legal Process with Notice: Relevant may share information collected by the App if it believes such a disclosure is reasonably necessary to prevent harm to members of the public or required for compliance with applicable law, regulation, legal process, or court order. Where possible and not prevented by law, we will provide notice to you in advance of turning over any information.
Third Party Service Providers: Relevant shares information collected by the App with third-party service providers as is necessary to perform functions and provide services to our customers.
Other Things You Should Know
Retention and storage of data. Relevant indefinitely retains the information collected by the App. Sensitive information such as passwords are encrypted and stored in Relevant’s database. That database is stored on servers hosted by Amazon Web Services located in the United States. To learn more about Amazon Web Services and to view their privacy notice, click here. Relevant designs products for clients other than Smoothie King but stores customer information from all its services in the same database. Relevant does not combine the user information from these services unless it is anonymized and aggregated.
Be careful with your information. If you contact Smoothie King via e-mail or by using the “contact us” or similar feature on the Smoothie King App, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit. Be sure to keep your password private.
Deactivation of Your Account. You have the choice to “deactivate” your use of the App by writing to email@example.com and requesting that your account be deactivated. In your email please provide the email address and phone number (if applicable) that you used to sign up as well as the best email address where we can contact you.
Information collected by the App is not deleted when you “deactivate” your account, and both Relevant and Smoothie King will retain access to it. Once your account has been “deactivated,” your account continues to be stored on Relevant’s servers and is retained by Smoothie King In other words, your deactivation of the App does not automatically delete the records associated with your user account.
The App is not directed towards children under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact Relevant. If we become aware that a child under the age of 13 has provided us with personal information, we will take action to remove such information and terminate the account.
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the email address below.
Last updated: 07/28/2016
Welcome to the Smoothie King Franchises, Inc. Application. The Smoothie King Franchises, Inc. Application is designed and owned by DailyGobble, Inc. (dba Relevant), a Delaware Corporation (“Relevant”). The following are the terms of a legal agreement between you and Relevant. Although Relevant is the primary recipient of the information that the Smoothie King Franchises, Inc. Application collects, all of that information is the property of Smoothie King Franchises, Inc. Both Relevant and Smoothie King Franchises, Inc. use the information to provide you products and services.
PLEASE READ THESE TERMS CAREFULLY
The Application is offered and available to users who reside in the United States or any of its territories or possessions. By using the Application, you represent and warrant that you are of legal age to form a binding contract with Relevant and that you reside in the United States or any of its territories or possessions.
Changes to Terms
We may revise, update or change these Terms from time to time in our sole discretion. The most current version will always be at relevantmobile.com/smoothie-king-terms-of-use.html. If we make material changes to the Terms, we will make reasonable attempts to try to notify you before the changes are implemented, for example on the Relevant website or via email or through the App. All such changes are effective immediately upon the expiration of the notice period specified by Relevant, and your continued use of the Application following the expiration of such notice period means that you accept and agree to the changes. If you object to any such changes, your sole recourse is to cease using the Application.
In order to access the Application, you will need to register and provide certain personal information (see Section titled “Personal Information”, below). You agree that all information you provide to register with the Application and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. Your login ID email address (or other unique identifier needed to create an account using the Application for Smoothie King, whose rewards program you are participating, such as name or phone number) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You further agree to notify us immediately of any unauthorized access to or use of your Account Information or any other security breach, at the email address firstname.lastname@example.org. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, if, in our opinion, you have violated any provision of these Terms.
If Relevant wishes to provide notifications to you, Relevant may do so by email at the address you provided to Relevant when you created your account. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the form of push notification, HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
You hereby authorize and permit Relevant to use and store information submitted by you to the Application (such as account passwords and user names) to maintain your account and to configure the Application so that it is compatible with Smoothie King’s needs for which you submit your information. Relevant cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Relevant cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.
Advertisements and Promotions
The Application may display and include advertisements, promotions and offers by Relevant, Smoothie King, and/or their third party providers and partners, which may be targeted to Content on the Application, queries made through the Application, or other information about you and other Users. The nature and extent of such advertising, promotions and offers are subject to change without specific notice to you.
All right, title and interest in and to the Application and all Content (excluding your User Submissions), and the design, selection, arrangement, compilation, assembly and look and feel thereof, and any and all patent, copyright, trademark, trade secret and other intellectual property rights arising out of or relating to the Application, are and shall remain the exclusive property of Relevant and its third party providers, contributors and licensors. The Application is licensed, not sold, to you, and you acquire no ownership interest in the Application, or any rights thereto other than the right to use the same in accordance with the license granted herein, and subject to all of the terms, conditions and restrictions of these Terms. The various corporate names, logos, product and service names, domain names, designs and slogans (collectively, “Marks”) displayed on or through the Application are the trade names, trademarks and service marks of Relevant, Smoothie King or other third parties. Nothing in the Terms should be construed as giving you a right, express or implied, to use such Marks without the prior written consent, as applicable, of Relevant, Smoothie King or other trademark owner.
Subject to these Terms, and as permitted by the Usage Rules set forth in the App Store Terms of Service, Relevant grants you a non-exclusive, non-transferable, royalty-free, limited license to access and use the Application for your own personal, non-commercial purposes only. This license includes the right to download and install the Application that is provided to you by Relevant on any Apple iOS mobile device platform that you own or control. Your license to the Application is for the sole purpose of enabling you to use and enjoy the benefit of the Application as provided by Relevant, in the manner permitted by these Terms. All rights not expressly granted to you herein are reserved by Relevant.
The license granted herein is expressly made subject to the following limitations and restrictions: The license does not give you the right to: (a) use the Application on any mobile device platform that you do not own or control; (b) copy, reproduce, modify, alter, distribute, sublicense, publicly display, publicly perform, republish, lease, sell, transfer or create derivative works of the Application; (c) disassemble, decompile or otherwise reverse engineer the Application or otherwise attempt to deconstruct or discover any source code or underlying ideas or algorithms of the Application; or (d) remove, alter or otherwise obscure any copyright, trademark or other proprietary or restrictive notice or legend on or within the Application.
The terms of this license will govern any upgrades or updates to the Application we may provide that replace and/or supplement the original Application, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.
You agree that we may collect and use technical data and related information – including, but not limited to technical information about your device, system, software, and peripherals – that is gathered periodically to facilitate the provision of services to you related to the Application. We may use this information, as long as it is in a form that does not personally identify you, to improve our products and/or to provide services to you.
You agree that you will not use the Application for any purpose, or in any manner, other than as expressly authorized herein.
The license granted herein shall continue for so long as your right to use the Application is in effect and has not been terminated (see Section titled “Termination”, below).
As part of the Application, Relevant allows Users to create, post, submit or otherwise provide (collectively, “Post”) Content on various locations through the Application (such Content Posted by Users, “User Submissions”). These locations may be hosted within the Application by Relevant or by one of our third party service providers on Relevant’s behalf. All User Submissions you Post to the Application will be considered non-confidential and non-proprietary. By Posting a User Submission on or through the Application, you hereby grant Relevant, Smoothie King, and their respective affiliates (collectively, the “Relevant Parties”), a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable license, with the right to sublicense, to use, reproduce, modify, distribute, publish, translate, perform, display, prepare derivative works of and otherwise exploit all or any portion of such User Submissions in connection with the Application and Relevant’s business, including, without limitation, for promoting and redistributing all or part of the Application (and derivative works thereof) in any format, medium or technology now known or later developed, and through any channel, without notification, attribution, or any compensation or obligation to you. You understand and acknowledge that you are fully responsible for all your User Submissions, including the legality, reliability, accuracy and appropriateness thereof. You further represent and warrant that you own or control all rights in and to such User Submissions; that you have all rights necessary to grant the above licenses; and that such User Submissions do not infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property or proprietary rights, or rights of privacy or publicity. We may modify or adapt your User Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Submissions as are necessary to conform and adapt your User Submissions to any requirements or limitations of any networks, devices, services or media.
You may not post on or through the Application any User Submission that: (a) violates any law, rule or regulation; (b) infringes or violates the legal rights of any other person or entity, including the patent, copyright, trademark, trade secret, confidentiality or other intellectual property rights, or right of privacy or publicity, of such person or entity; (c) is defamatory, libelous, false, fraudulent, threatening, abusive, obscene, pornographic, harassing or otherwise objectionable, or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (d) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation; (e) discloses or provides information protected under any law, agreement or fiduciary relationship, including, but not limited to, proprietary or confidential information of others; (f) contains any software virus or any other code, file, program or disabling device designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) contains any advertising, promotion, solicitation or other commercial material; or (h) otherwise constitutes a Prohibited Use as described in the section titled “Prohibited Uses”, below.
To the extent you provide Relevant with ideas, suggestions, improvements or other feedback with respect to the Application, we shall be free to use such feedback in any manner and for any purpose (including, without limitation, incorporation in Relevant’s products, services and advertising and marketing materials) without compensation to you or restriction of any kind.
Third Party Content
“Third Party Content” means User Submissions posted on or through the Application by other users or third parties. All Third Party Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Relevant is not responsible for examining, evaluating or monitoring such Content. Relevant does not control, endorse or support any Third Party Content or communications Posted on or through the Application, or any opinions that may be expressed therein, and makes no representation or warranty whatsoever as to the accuracy, reliability, veracity or completeness of any such Content or communications. Any use or reliance upon Third Party Content posted on or through the Application is entirely at your own risk, and Relevant assumes no responsibility or liability for such Third Party Content or your reliance thereon.
Reservation of Right to Monitor
Relevant reserves the right, but has no obligation, to pre-screen, monitor and review any Content submitted by you or otherwise available on the Application. We reserve the right at all times to edit, refuse to post or to remove any User Submissions, in whole or in part, that in our sole discretion are objectionable, violate these Terms, infringe or violate the intellectual property or other rights of any person or entity, threaten the personal safety of users of the Application or the public or could create liability for the Company.
You may use the Application only for lawful purposes and in accordance with these Terms. You agree that you shall not: (a) use the Application in any way that violates any applicable law, rule or regulation; (b) use the Application to generate unsolicited email advertisements or spam; (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; (e) use any robot, spider or other automatic device, process or means to access the Application for any purpose, including navigating or searching the Application, or monitoring or copying any of the Content on the Application; (f) use any manual process to monitor or copy any of the Content on the Application or for any other unauthorized purpose without our prior written consent; (g) use any device, software or routine that interferes with the proper working of the Application; (h) upload or transmit any form of virus, worm, Trojan horse or other malicious or technologically harmful code; (i) use any meta tags or other “hidden text” utilizing Relevant’s name or trademarks without the express written consent of Relevant; (j) “mirror” or “frame” any portions of the Application in any other environment without the prior written consent of Relevant; (k) commercially exploit the Application or any Content on the Application other than Content provided by you; (l) attempt to gain unauthorized access to any portion of the Application or any other accounts, computer systems, or networks connected to the Application; (m) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Application; or (n) Post private or confidential information via the Application, such as credit card numbers, social security numbers, driver’s or other license numbers, or any other information that is not publicly accessible.
Mobile Payment, Online Ordering and Gift Card Services
Relevant provides the necessary interfaces to enable users to access through the Application mobile payment, online ordering and gift card services. The software and functionality underlying these services are provided by third parties. RELEVANT AND SMOOTHIE KING PROVIDE INTERFACES TO THESE SERVICES AS A CONVENIENCE TO ITS USERS, BUT ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THESE SERVICES OR FOR ERRORS, MALFUNCTIONS OR FAILURES THAT MAY OCCUR IN CONNECTION WITH THE USE OF THESE SERVICES. YOU MUST CONTACT THE SMOOTHIE KING® LOCATION WHERE PAYMENT WAS MADE REGARDING ANY ISSUE WITH PAYMENT THROUGH THE APPLICATION.
The Application may contain links to third-party websites or resources (“Third Party Websites”). These links are provided for your convenience only. Relevant neither endorses nor controls such Third Party Websites, and you acknowledge and agree that we are not responsible or liable for the availability of such Third Party Websites; for the information, content, products, or services on or available from such Third Party Websites; or for the results to be obtained from using them. If you choose to access any such Third Party Websites, you do so entirely at your own risk.
Modifications to Application
The Application that Relevant provides is always evolving and the nature and extent of the Application that Relevant provides may change from time to time without prior notice to you. In addition, Relevant reserves the right to modify, suspend or discontinue providing the Application (or any features within the Application) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right, at our sole discretion at any time without prior notice to you, to create limits on the use and storage of Content submitted, posted, or displayed by you on the Application.
Representation and Warranty
Term and Termination
Your right to use the Application will remain in effect until terminated as provided herein.
You may terminate the Application at any time by closing your account for the Application. Please use the directions below to cancel your account:
Send email to email@example.com with your request to deactivate your account. Please include: (i) your login ID email address and phone number if applicable; (ii) your name (iii) the best email address where we can reach you. Because email may be forged, you may be asked to log into the service to a special address, and reply with a verification code to verify that you are indeed the account owner.
Your right to use the Application will terminate automatically in the event of the expiration or termination of the availability of the Application, or if you fail to comply with any of the provisions of these Terms.
We may restrict, suspend or terminate your access to all or part of the Application if we believe you are in breach of these Terms or applicable law, or for any other reason, without notice or liability.
Relevant maintains a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights.
Copyright Infringement and DMCA Policy
Relevant respects the intellectual property rights of others, and expects those who use the Application to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Relevant of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(2), named below:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will respond to notices of claimed copyright infringement in accordance with the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Our designated Copyright Agent to receive DMCA Notices is:
DailyGobble, Inc. (DBA Relevant)
31 East 32nd Street
New York, New York 10016
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND RELEVANT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, RELEVANT MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE APPLICATION OR ANY CONTENT THEREON. RELEVANT WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APPLICATION, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE APPLICATION. RELEVANT MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RELEVANT OR THROUGH THE APPLICATION, WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEVANT PARTIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THESE TERMS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH THE APPLICATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RELEVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Relevant Parties, and their respective officers, directors, shareholders, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms; your User Submissions; your use of or access to the Application; or your violation of any law or the rights of any third party. Relevant reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Relevant’s defense of any claim. You will not in any event settle any claim without the prior written consent of Relevant.
These Terms and all claims or causes of action related to or arising in connection with these Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles of conflicts of laws. All actions arising under or in connection with these Terms shall be brought and heard in the state and/or federal courts located in New York County, New York, and you hereby irrevocably submit to the exclusive jurisdiction and venue of such courts.
The Application is provided by Relevant and Smoothie King Franchises, Inc. If you have any questions about these Terms, please contact Relevant at firstname.lastname@example.org.