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Terms & Conditions

Terms & Conditions

ByAnde User Agreement

1. Terms of Use

Your use of this website is governed by these terms of use and Your use of this
website constitutes your agreement to these Terms of Use. ByAnde LLC
(“ByAnde”, “we”, “us” and “our”) reserves the right to update or modify these
Terms of Use at any time without prior notice, and your use of this website
following any such changes constitutes your agreement to the revised Terms and
Use.

2. About ByAnde

ByAnde is a marketplace that allows users to offer, donate, sell, receive and buy
food products that would otherwise be considered “food waste” within the food
and beverage industry. “Food waste” is typically referred to as food that is thrown
away, discarded or otherwise unused. Although unused, a majority of “food
waste” is food that still meets the standard of consumption, but may lack in
appearance or contain abnormalities. All offers, sales and purchases made
through this website are directly between a seller and buyer.  ByAnde only
facilitates such transactions.  In return, ByAnde is compensated according to
the Fee Section below. Also, while we may help facilitate the resolution of
disputes through various programs, ByAnde has no control over and does not
guarantee the existence, quality, safety or legality of items advertised; the truth or
accuracy of users’ content or listings; the ability of sellers to sell items; the ability
of buyers to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.

3. Using ByAnde

In connection with using or accessing ByAnde’s website you will not:

  • post, list or upload food content or items in inappropriate categories or
    areas on our sites;
  • breach any laws, third-party rights or our systems or policies;
  • use ByAnde if you are not able to form legally binding contracts (i.e. under
    18 years of age);
  • fail to pay for food items you purchased, unless you can prove a valid
    reason;
  • fail to deliver food items sold by you, unless you have a valid reason;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • post, offer and/or distribute any food content or items that are adulterated,
    do not meet governmental requirements, including FDA regulations, or are
    not suitable for consumption (i.e. food that is spoiled, expired, or rotten);
  • distribute or post spam, unsolicited or bulk electronic communications,
    chain letters, or pyramid schemes;
  • distribute viruses of any other technologies that may harm ByAnde, or the
    interests or property of users;
  • export, reproduce, steal any ByAnde application, tool, or works that
    belongs to ByAnde or another ByAnde user or a third party including
    works covered by any copyrights, trademark, patent, or other intellectual
    property right, except with prior express permission of ByAnde and/or any
    other party holding the right to license such use; or
  • harvest or otherwise collect information about users without their consent.

If ByAnde believes you are abusing its website in anyway, then ByAnde has the
sole discretion, without limiting other remedies, to limit, suspend, or terminate
your account and access to our website. ByAnde also reserves the right to
terminate or suspend an account for any reason at its sole discretion.

4. Buyer Registration

For buyers to use ByAnde’s website, (a) you must have a valid email address
and create a payment account with us (a ” Payment Account “) by providing
complete and accurate registration information, (b) if the applicant is registering
as an individual, the applicant must be at least 18 years old, or if the applicant is
registering on behalf of a business, the applicant must be duly authorized to
enter into this Agreement on behalf of the business, and (c) you must be (i) a
permanent U.S. resident (which does not include holders of U.S. visas), (ii) a
U.S. citizen, or (iii) a business entity authorized to do business and having a
physical presence in the United States. ByAnde may refuse at any time and for
any reason to provide the Service to anyone.

5. Seller Registration

For sellers to use ByAnde’s website, you must provide your real name, address,
phone number, email address, and valid credit card information. You represent
and warrant that: (a) if you are a business, you are duly organized, validly
existing and in good standing under the laws of the country in which your
business is registered and that you are registering for the website within such
country; (b) you have all requisite right, power and authority to enter into this
Agreement and perform your obligations hereunder; and (c) any information
provided or made available by you or your affiliates to ByAnde or its affiliates is at
all times accurate and complete.

6. Fees

[Insert here information about fees charged by ByAnde.]

7. Content

When providing us with content or causing content to be posted using our
website, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise any and all
copyright, publicity, trademark, and database rights and other intellectual
property rights you have in the content, in any media known now or developed in
the future. Further, to the fullest extent permitted under applicable law, you waive
your moral rights and promise not to assert such rights or any other intellectual
property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights
mentioned in the preceding: your provision of content to us, your causing content
to be posted using the website, and use of any such content (including of works
derived from it) by us, our users, or others in contract with us that is done in
connection with the website and in compliance with this User Agreement.

8. Governing Law

Any conflict that arises concerning the terms of this agreement shall be governed
by the laws of the State of Florida. By using ByAnde’s service, you agree that the
Federal Arbitration Act, applicable federal law, and the laws of the state of
Florida, without regard to principles of conflict of laws, will govern this Agreement
and any dispute of any sort that might arise between you and us or any of our
Affiliates.

9. Dispute Resolution

You agree that any and all disputes or claims that have arisen or may arise
between you and ByAnde relating in any way to or arising out of this Agreement,
your use of or access to ByAnde’s website, or any food products sold, offered, or
purchased through ByAnde’s website shall be resolved exclusively through final
and binding arbitration, rather than in court. Each party agrees that any dispute
resolution proceedings will be conducted only on an individual basis and not in a
class, consolidated or representative action.  The arbitration will be conducted by
the American Arbitration Association (“AAA”) under its rules and procedures,
including the AAA’s Consumer Arbitration Rules (as applicable), as modified by
this Agreement to Arbitrate. The AAA’s rules are available at  www.adr.org  or by
calling the AAA at 1-800-778-7879.

10.Disclaimer

ByAnde’s website, materials and, services are provided on an “as-is” basis.
To the fullest extent permitted by applicable law, we and disclaim, and
make no, representations or warranties of any kind, express or implied,
regarding ByAnde’s website, materials, services, or any application,
including without limitation (a) any implied warranties of merchantability,
satisfactory quality, fitness for a particular purpose, title or
non-infringement, (b) that ByAnde’s website, materials, services, or any
application will meet your requirements, will always be available,
accessible, uninterrupted, timely, secure, or operate without error or will
contain any particular features or functionality, or (c) any implied warranty
arising from course of dealing or trade usage.

11.Release

If you have a dispute with one or more users, you release us from claims,
demands and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes.
In entering into this release you expressly waive any protections (whether
statutory or otherwise) that would otherwise limit the coverage of this
release to include only those claims which you may know or suspect to
exist in your favor at the time of agreeing to this release.

12.Indemnity

You will indemnify and hold us harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of your use of
the ByAnde website, breach of this agreement, or breach of any law or the rights
of a third party.

13.Limited Liability

No Indirect or Consequential Damages. To the fullest extent permitted by
applicable law, we and our Affiliates (and our and their respective
employees, directors, agents, and representatives) will not be liable for any
indirect, incidental, punitive, or consequential damages arising out of or in
connection with this Agreement.
Maximum Effect.  The laws of certain states or other jurisdictions do not allow
limitations on implied warranties, or the exclusion or limitation of certain
damages. If these laws apply, some or all of the above disclaimers, exclusions,
or limitations may not apply to you, and you may have rights in addition to those
contained in this Agreement. ByAnde’s liability is limited to the greatest extent
permitted by law.

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