Terms & Conditions Agreement
Automatedrt.com, portal.automatedrt.com, reisandirvys.com, and justbakedKiosk.com (the “Websites”), and our automated food service kiosks branded as Reis & Irvy’s, Just Baked, and other (the “Kiosks”) are operated by Automated Retail Technologies, LLC., a Wyoming corporation (the “Company”). Throughout our Websites and Kiosks, the terms “we”, “us”, “our”, “R&I”, and “Just Baked” refer to the Company. We offer these Websites and automated food service kiosks, including all information, tools and services available from these Websites and Kiosks to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Websites, Kiosks, and/or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites as well as our automated Kiosks, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully. By accessing or using any part of the Websites and Kiosks, you agree to be bound by these Terms of Service. If you object or do not agree to all the terms and conditions of the Terms of Service, then you may not access the Websites, Kiosks, or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service are an electronic contract that sets out the legally binding terms of your use of the Websites, Kiosks and the related Services. By accessing the Websites and/or Kiosks or creating a profile/account and becoming a registered user, you consent to have these Terms of Service provided to you in electronic form and you accept these Terms of Service and agree to the terms, conditions and notices contained or referenced herein. These Terms of Service include our Privacy Policy (Sections 22-31 of these Terms of Service), other policies referenced herein and any notices regarding the Websites.
These Terms of Service, the Privacy Policy and any other policies referenced by these Terms of Service may be modified by the Company at its sole discretion from time to time, such modifications to be effective upon posting on the Websites by the Company and your use of the Websites and Kiosks after such posting will constitute acceptance by you of such changes. Please consult these Terms of Service and the referenced policies regularly.
These Terms of Service were last updated February 2021.
Any new features or tools which are added to the current Websites and Kiosks shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. You must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites and Kiosks following the posting of any changes constitutes acceptance of those changes. Please print a copy of this document for your records. To retain an electronic copy of these Terms of Service, you may save it into any word processing program.
SECTION 1 – ELIGIBILITY AND GENERAL USE OF WEBSITE OR KIOSKS
You must be at least eighteen (18) years of age to use the Websites and Kiosks without parental or guardian consent. By using the Websites or Kiosks, you represent and warrant that: (a) you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions of these Terms of Service; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Websites or Kiosks through which the Services are provided, without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Our Websites and Kiosks may contain profile pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or upload content to the Website, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
Use language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to the Company’s values and mission.
Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials/content in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in R&I’s sole discretion.
The Company reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the Websites, Kiosks or in any Communication Service will be viewed by the general public, and your comments and posts, and any information that you share, will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The content of the Websites and Kiosks are intended for informational purposes only. Although the Company exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Websites and Kiosks may contain typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing and/or availability. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), but we have no obligation to do so. We are not responsible if information made available on our Websites or Kiosks is not accurate, complete or current. The material on our Websites and Kiosks should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Websites or Kiosks is at your own risk. Our Websites and Kiosks may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our Websites and Kiosks.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 – PRODUCTS AND SERVICES
Certain products and Services may be available exclusively online through our Websites and Kiosks. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Websites and Kiosks. We cannot guarantee that the computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or services made on our Websites and Kiosks is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Websites and Kiosks (including, the release of new tools, resources and products). Such new features, products, and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on our Websites and Kiosks may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you provide any personal information or engage in any transaction. The Company does not control the privacy policies or practices of these websites. The Company provides these links solely for navigation convenience to visitors. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send photos, testimonials, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION / PASSWORDS / ACCOUNT SETTINGS
Your submission of personal information through our Websites and Kiosks is governed by our Privacy Policy. If you create a profile and register with the Company, you will also be asked to choose a password for purposes of accessing certain parts of our Websites, creating profiles, conducting transactions and communicating through this profile/account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of our Websites using your password. You agree to (a) immediately notify the Company of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
SECTION 11 – INTELLECTUAL PROPERTY AND LICENSE/WEBSITE/KIOSK ACCESS
The Company owns and retains all proprietary rights in our Websites and Kiosks (except as provided below). Except for Submissions (as defined below) or as otherwise expressly noted, all products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips, Kiosk hardware and other materials that appear as part of our Websites and Kiosks as well as the selection, arrangement and organization of the foregoing and the Websites as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the Company or its licensors/suppliers. All software used on our Websites and Kiosks is the property of the Company or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
The mark “reisandirvys”, “justbaked”, and other Website and Kiosk graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on our Websites and Kiosks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. References on our Websites and Kiosks to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the Company.
SECTION 12 – MATERIALS PROVIDED TO THE COMPANY OR POSTED AT ANY WEBSITE OR KIOSK
The Company does not claim ownership of the content/materials you provide to the Company (including photographs, feedback, testimonials and suggestions) or post, upload, input or submit to any Website or Kiosk or its associated services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name, portrait, photograph or likeness in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SECTION 13 – METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
The Company expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of the Company’s trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to our Websites, or any page or portion thereof, without the prior written consent of the Company is expressly prohibited. Likewise, framing, in-line linking or other methods of association on our Websites or its content with any other site, advertisement, link or other information or materials not originating from our Websites is expressly prohibited, unless specifically authorized or in writing as required by the Company.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY (INCLUDING OWNERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF THE COMPANY) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING OUR WEBSITES, KIOSKS, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH OUR WEBSITES AND KIOSKS. THE WEBSITES, KIOSKS, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES AND KIOSKS ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITES, KIOSKS, OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITES AND KIOSKS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF ANY SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THE WEBSITES AND KIOSKS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT OUR WEBSITES AND KIOSKS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT OUR WEBSITES AND KIOSKS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT THE COMPANY IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE, OR LISTING THIRD PARTY INFORMATION, ON THE WEBSITES AND KIOSKS IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITES, KIOSKS, OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH OUR WEBSITES AND KIOSKS, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN OUR WEBSITES AND KIOSKS, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITES, KIOSKS, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF R&I WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, KIOSKS, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICES OFFERED THROUGH THE WEBSITES AND KIOSKS IS APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, and any parent, subsidiaries, affiliates, partners, members, shareholders, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Websites or Kiosks, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Services and/or your use of the Websites and Kiosks, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Websites, Kiosks, or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Websites and/or Kiosks you expressly agree that if there is any dispute arising out of the Websites, Kiosks, and/or the transactions occurring on our Websites and Kiosks, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms of Service or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on our Websites. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites and Kiosks. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites, Kiosks, or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@automatedrt.com or via our other contacts in the Contact Us information at the end of the Privacy Policy.