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RightBytes Website and Application Terms of Use
These Terms of Use apply to the RightBytes website (https://rightbytes.com), the RightBytes application, and related sites and applications (collectively, the “Site”). This Site is owned and operated by Orion Food Systems Holdings, LLC and its affiliates and licensors (collectively, “OLM Foods” or “we”). You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and OLM Foods. RightBytes is a trademark owned by OLM Foods.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.
Amendments to Terms of Use
OLM Foods reserves the right to change these Terms of Use and any of its other terms, conditions and rules relating to the Site, at any time. OLM Foods will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Eligibility
The Site is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. OLM Foods may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Additional Terms
When using a particular service, participating in a promotion, or accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the same, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.
Site Access and Account Creation
As a condition to using certain aspects of the Site, you may be required to create an account with OLM Foods and select a user ID and password. You shall provide OLM Foods with accurate, complete, and updated registration information. You are solely responsible for the security of access to your account, and you must take precautions to protect the confidentiality of your user ID and password. You should not share your password or user ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact OLM Foods immediately if you suspect unauthorized use of your user ID or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or user ID. OLM Foods may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.
Pricing and Payment
Unless otherwise specified, all prices listed on our Site are in U.S. Dollars. The prices and availability of items are subject to change without notice. If we discover an error in either pricing or availability, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for the items on this Site is listed without applicable sales tax, which will be calculated at the time of purchase and added based on your location. Payments for orders placed on our Site are due at the time of pickup and will be processed by your selected location. If you elect to pre-pay through the Site, your payment will be processed by our third party service provider, Stripe, and is subject to Stripe’s additional terms.
Orders
By placing an order through the Site, you warrant that you are at least 18 years of age and that all of the information, including your payment information and contact information is true, correct, and complete. Once you have placed an order through the Site, you may not cancel or modify your order through the Site and must contact your selected location as soon as possible. Contact details for your selected location are available on the Site. We reserve the right to refuse, modify, or cancel any orders or portion of orders placed through the Site for certain reasons including without limitation: product availability, errors in pricing or descriptions, or if we suspect your order is fraudulent or otherwise unauthorized.
Use of the Site and Prohibited Behaviors
OLM Foods and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof. You agree to use the Sites solely for your own private and internal purposes. As a condition of your access to and use of this Site, you agree that you will comply with all applicable laws, rules and regulations related to your use of the Site, including data protection and privacy laws. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:
1. Removing, copying or destroy any proprietary rights marks or legends on or in the Site.
2. Modifying, enhancing, adapting, translating, creating derivative works of, decompiling, disassembling, or reverse engineering the Site.
3. Accessing, viewing, using or displaying the Site for any commercial or other money-making purpose unrelated to your OLM Foods Account.
4. Unauthorized access, monitoring, collection, or use of data, systems or networks, including using any data mining, robots, or similar data gathering and extraction tools.
5. Use any intellectual property, including any trademarks, made available on this Site without our express written consent.
6. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.
7. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce our rights.
Consent to Collection and Use of Usage Data
You agree that we may collect, use and share certain information about you and your use of the Site and any device with which the Site connects, including but not limited to technical information about our and our business partners’ products, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site (collectively, “Usage Data”). OLM Foods uses Usage Data to improve its products and the Site, facilitate the provision of Site updates, and provide support and other service to you. Usage Data is automatically transmitted to OLM Foods by the Site. You acknowledge and agree that OLM Foods retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. OLM Foods may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.
Feedback
If you provide OLM Foods with any comments, suggestions or other feedback with respect to the products offered through the Site, the Site itself or any component thereof (collectively, “Feedback”), OLM Foods has the right to use such Feedback in any way, including incorporating such Feedback into the Site, without obligation to you. OLM Foods will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of OLM Foods resulting from your Feedback, including any modifications or enhancements to its products or the Site.
Privacy
We have a policy that addresses the privacy of your personal information. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. We reserve the right to monitor this Site for adherence to these Terms of Use.
Third Party Sites and Information
Our Site may include access to content, products, or services offered by third parties through hyperlinks, API or otherwise. OLM Foods is not responsible for any content or linked sites owned or controlled by a third party. OLM Foods provides such content and links only as a convenience to you. OLM Foods has not endorsed, tested or verified any third party information, companies, or products to which it links or otherwise makes available. If you decide to access any third party sites linked to this Site, use such third party’s products, or provide any personally identifiable information to a third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.
Third Party Service Providers
OLM Foods may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use inure to the benefit of any third party service providers engaged by OLM Foods. All references to OLM Foods are deemed to include its agents and service providers.
Territory
OLM Foods operates this Site from the United States of America. OLM Foods makes no representation that content and materials on this Site are legal or appropriate for use outside the United States of America. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States or America export laws and regulations.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE AND ALL MATERIALS, SERVICES, PRODUCTS AND INFORMATION AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED BY OLM FOODS AND ITS LICENSORS AND BUSINESS PARTNERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE OLM FOODS, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH OLM FOODS MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. OLM FOODS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL OLM FOODS, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND/OR ITS BUSINESS PARTNERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, THE PRODUCTS PROVIDED HEREUNDER, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. OLM FOODS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF OLM FOODS CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless OLM Foods, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, service providers, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable terms or policies, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Termination
OLM Foods may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms of Use and OLM Foods's rights in the Site, these Terms of Use will be governed exclusively by South Dakota law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and OLM Foods related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the state and federal courts of South Dakota. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
The failure of OLM Foods to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OLM Foods in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.
Additional Terms for Apple Users
In addition to all other terms contained herein, if you download our mobile application (“App”) from Apple, Inc. (“Apple”), you agree to the following:
1. Acknowledgement. You acknowledge that these Terms of Use are concluded between you and OLM Foods only, and not with Apple. OLM Foods and not Apple, is solely responsible for the App and the content thereof.
2. Usage Limitations. Your use of the App is subject to the Usage Rules set forth in the Apple App Store Terms and Conditions.
3. Maintenance and Support. You and OLM Foods acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the App.
4. Failures. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OLM Foods’s sole responsibility.
5. Third Party Claims. OLM Foods, and not Apple, is responsible for addressing any claims made by you or a third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claims that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and OLM Foods acknowledge that, in the event of any third party claim that the App or your possession and use of the Software infringes that third party’s intellectual property rights, OLM Foods, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Third Party Beneficiary. You understand and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof.
Developer Name and Address
This Site, including the App, was developed by Orion Food Systems Holdings, LLC with an address of 2930 W Maple St, Sioux Falls, SD 57107.
How to Contact Us
If you have any questions, complaints or claims about this Site, please contact us as follows:
OLM Foods
2930 W. Maple St.
Sioux Falls, SD 57107
United States of America
Email: [email protected]
These Terms of Use were last updated January 9, 2023.