Terms and Conditions|
(1) Agreement to Terms. You acknowledge that you have read the Terms and Conditions of Use (Terms) and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE APPLICATION. If you do not agree to these Terms and Conditions of Use, you should uninstall the Application immediately.
(2) Modification of Agreement. Royal Farms reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Application and these Terms, in whole or in part, at any time. Use of the Application after such changes will be considered an agreement to be bound by any such changes. You should review these Terms from time to time to read any changes.
(3) Copyright Protection and Use of Royal Farms Information. The Application is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Application are only for your personal use. All content or other materials contained in the Application are protected by copyright, and are owned or controlled by Royal Farms or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content viewed on or through the Application. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Royal Farms or the copyright holder identified in the individual contents copyright notice. Royal Farms names, logos, and trademarks may not be otherwise used by you in any manner without the prior written consent of Royal Farms. You do not acquire ownership rights to any content or other materials viewed on or through the Application. The posting of information or materials on the Application does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Application or any part thereof.
(4) User License. Subject to these Terms, Royal Farms grants you a personal, nonexclusive, nontransferable, limited and revocable license to use the Application for personal non-commercial use only on a mobile device owned or controlled by you. Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, date, hyperlinks, displays and other content associated with the Application is prohibited. These Terms and this User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
(5) Prohibited Use of the Application. You agree that (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Application any content or materials which (i) harasses, abuses, or stalks any other user; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least thirteen (13) years old, and if you are 13 or older, but under the age of eighteen (18), that you have shared these Terms and Conditions with your parent or guardian and obtained their permission to use or access this Application; and (c) that you shall not use or access this Application, any of its content or any of the information or materials transmitted through the Application for any purpose or in any manner not expressly authorized by these Terms and Conditions of Use. Royal Farms reserves the right to pursue any and all civil and criminal remedies for any breach of this agreement.
(6) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Royal Farms, and all its officers, directors, owners, agents, employees, information providers, affiliates, contractors, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorney fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Royal Farms reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Royal Farms.
(8) User Postings. Royal Farms does not and cannot review all materials posted to the Application by users, and Royal Farms is not responsible for any such materials posted by users. However, Royal Farms reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Royal Farms sole discretion are objectionable or in violation of these Terms.
(9) No Warranty as to Information. The Application may contain general information related to Royal Farms locations, daily fuel prices available at Royal Farms locations, information related to the RoFo Rewards program, links to and information from the Royal Farms website and social media profiles. Royal Farms makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the Application will be available at a specific time, at a specific price or at a certain Royal Farms location. Royal Farms does not represent or endorse the accuracy, completeness or reliability of any description, price, statement, text, graphics, links or other information displayed or found through the Application, including those of its affiliates and subsidiaries and any third-party content. You acknowledge that any reliance upon any such information shall be at your sole risk and responsibility. Royal Farms reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Application.
(10) NO WARRANTY. THE APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROYAL FARMS, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED FOR THE OPERATION OF THE APPLICATION, THE CONTENT ON THE APPLICATION OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE APPLICATION, FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY INFORMATION THROUGH THE APPLICATION OR ANY LINKED SITE. FURTHER, ROYAL FARMS, ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ROYAL FARMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROYAL FARMS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO A USER MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF A USER ACCESS TO, USE OF, OR DOWNLOADING OF ANYTHING FROM, THE APPLICATION. ROYAL FARMS, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(11) NO AWARD OF DAMAGES AGAINST COMPANY. IN NO EVENT SHALL ROYAL FARMS, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS APPLICATION OR ANY LINKED WEB SITE OR APPLICATION. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. IN NO EVENT SHALL ROYAL FARMS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(12) GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MARYLAND. VENUE SHALL BE LIMITED TO BALTIMORE COUNTY, MARYLAND, UNLESS PROHIBITED BY THE CONSUMER PROTECTION LAWS OF THE STATE OF RESIDENCE OF THE COMPLAINANT.
(13) Entire Agreement. These Terms constitute the entire agreement between Royal Farms and you with respect to your use of the Application.
(14) Any cause of action you may have with respect to your use of the Application must be commenced within one (1) year after the claim or cause of action arises.
(15) If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.
(16) Royal Farms disclaims any and all responsibility for content contained in any third party materials provided through links from the Application. Use of p headings is for information purposes and do not expand or limit the terms of the ps.
(17) Dispute Resolution. Except for the right of either party to apply to a court of competent jurisdiction for injunctive relief, any controversy or claim arising out of or relating to these terms and conditions, other than as to ownership or title to intellectual property rights in the proprietary information of Royal Farms, shall be settled by arbitration in Baltimore County, Maryland, in accordance with the Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.. The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. If an arbitrator lawfully awards damages to you, such damages shall not exceed Fifty Dollars ($50).
Royal Farms and the Royal Farms logo are registered trademarks of Two Farms, Inc., a Maryland corporation. All other Royal Farms trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Royal Farms or its affiliates or licensors. In countries where any of the Royal Farms trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Royal Farms claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Royal Farms or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.
All rights not expressly granted are reserved.
What Type of Information Does Royal Farms Collect?
If you browse Royal Farms 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.
At times 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 processing an order in our online store or reloading your Royal Farms gift card.
We may also collect information about you such as:
If you create an account - your username and/or email address, password, birthday and mobile phone number. If you buy goods at our stores or through our programs or otherwise - what you buy, where you buy, how frequently you buy and rewards you earn. If you use our mobile applications to buy goods - information such as your device ID, your location and stores near you and visited by you. If you take a survey or interact with us in various other ways - 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. We may use this information in a variety of ways, including to determine which of our stores may be closest to you, whether you are within the allowed geographical ordering range of one of our stores, and to offer products and services to you. 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, including ordering.
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 are 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 under the age of 13. You can visit the Federal Trade Commission website to learn more about the Childrens Online Privacy Protection Act (COPPA).
How does Royal Farms Use Information About You?
Royal Farms 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 Royal Farms news, including information about new products, services, and offers that may be of interest to you including co-branded offers and affiliate and partner offers. Process and manage your purchase and use of Royal Farms products and services, including your accounts and program participation. 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. Create personalized promotions by combining your personal information with non-personal information about you, such as the amounts and types of purchases you make or any benefits you receive through our programs. Communicate with you about your orders or purchases, your services, accounts and program participation, a contest or sweepstakes you have entered, product recalls that may affect you, and your requests for information. 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 Royal Farms will respect your wishes. Simply follow the opt-out instructions in promotional emails we send you or log into your Royal Farms account, if you have one, and manage your profile settings.
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 Royal Farms 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.
Does Royal Farms Disclose Personal Information to Third Parties?
Royal Farms does not share your personal information with anyone outside of Royal Farms without your consent, and no one else can access your information, except in the following limited ways:
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, Royal Farms 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.
How does Royal Farms Safeguard my Information?
Royal Farms 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. For example, Royal Farms provides you the capability to input a personalized 4-digit password to access the Royal Farms application on your mobile device. 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