WEBSITE TERMS OF USE AGREEMENT

IMPORTANT NOTICE: BLAKE’S FAMILY OF COMPANIES WELCOMES YOU TO [INSERT URL] . WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND BLAKES FAMILY OF COMPANIES, INC. “  WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION

1. Acceptance of Terms of Use:If you use any of the Services (as defined below), you must agree to these Global Terms of Use (“Terms”) which are a legal contract between Blake’s Family of Companies, Inc. and you relating solely to the use of the Services.

This website is provided solely for the use of current and future customers of Blake’s to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of information;

• any encouragement of illegal activity;

1. unauthorized use or disclosure of private, personally identifiable information of others; or
2. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

2. Site Contents and Ownership:

The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of Blake’s and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Blake’s does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

3. Disclaimer of Warranties:

You expressly agree that use of this website is at your sole risk. Neither Blake’s, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Blake’s does not warrant reliability of any statement or other information displayed or distributed through the site. Blake’s reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Blake’s may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. BLAKE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XYZ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

4. Limitation of Liability.

YOU AGREE THAT BLAKE’S AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL BLAKE’S OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BLAKE’S OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Term and Termination. Without limiting its other remedies, Blake’s may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

6. ARBITRATION AND CLASS ACTION WAIVER.EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO BLAKE’s FAMILY OF COMPANIES EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH THE JAMS INC. COMPREHENSIVE ARBITRATION RULES & PROCEDURES THEN IN EFFECT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL TAKE PLACE:

(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR

(B) WITH RESPECT TO INDEPENDENT CONTRACTORS, VENDORS, OR OTHER THIRD-PARTY PROVIDERS, IN MACOMB COUNTY, MICHIGAN.

OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE, AND BE ADMINISTERED BY JAMS. THE ARBITRAL TRIBUNAL (“TRIBUNAL”) SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE ARBITRATOR WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE ARBITRATOR. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO BLAKE’S FAMILY OF COMPANIES. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 17985 ARMADA CENTER ROAD, ARMADA, MI 48005 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH BLAKE’s FAMILY OF COMPANIES

We and you waive, to the fullest extent permitted by law, the right to bring, or be a class member in, any class action suit relating to any Claim. Therefore, we and you agree that arbitration will be conducted on an individual, not a class-wide, basis, that only we (and our affiliates and our and their respective owners, officers, directors, agents, and employees, as applicable) and you (and your affiliates and your and their respective owners, officers, and directors, as applicable) may be the parties to any arbitration proceeding described in this Section 4, and that no such arbitration proceeding may be consolidated or joined with another arbitration proceeding involving us and/or any other person. Despite the foregoing or anything to the contrary in this Section 4, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a Claim that otherwise would be subject to arbitration under this Section 4, then we and you agree that this Section 4will not apply to that Claim, and such Claim will be resolved in a judicial proceeding in accordance with the remainder of Section 17 (excluding Section 4).

We and you shall be bound by the decision of the arbitrator and consent to the immediate entry of judgment upon such award in a court of competent jurisdiction.

1. Definitions: The following definitions apply:

1. 1. Blake’s Family of Companies, Inc. is a Michigan corporation that has been around for over 75 years and will also be referred to as “Blake’s”, “we”, “us”, or “our”. We have multiple properties under the Blake’s Family of Companies, Inc group. These companies expand across Michigan with expansion across the United States in the future. Our address is 17985 Armada Center Rd, Armada, MI 48005.
   2. “Employees” means persons that are deemed to be employees of Blake’s Family of Companies or its subsidiaries and affiliates as determined by applicable law and that are acting or using the Services in their capacity as an employee, and does not include the employees of Third Party Providers.
   3. “Third Party Providers” are independent contractors and/or service providers that we may hire or use to develop, maintain, provide and/or sponsor the Services or that may provide other products or services to us.
   4. “Services” refers to each of the interfaces, portals, platforms, applications, and software programs, including any information, data, documents, formulas, calculations, or materials contained therein, including a consumer website [www.blakefarms.com], online ordering platform through your desktop computer or mobile device, an online ordering mobile app, BlakeRewards loyalty program and our e-commerce website.
   5. “Claims” means all claims, disputes, or controversies arising out of or relating to access or use of the Services, these Terms or the breach thereof, or the scope or validity of these Terms, including the validity and scope of any arbitration obligations under these Terms.

Our Relationship to Third-Party Providers: Blake’s Family of Companies, Third-Party Providers are each responsible for their own products, services, policies, employee relations or dealings or interactions with you or each other. This includes pricing, food quality or delivery services. For a variety of different reasons, some Third-Party Providers may not always participate in, provide or use all the Services.

The Services may contain references to names, marks, data, content, products, and/or services of Third-Party Providers; including links to others websites; and descriptions of services and products. These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse any Third-Party Provider or other third party, their content, or any products or services they offer. You are responsible for knowing when you are leaving the Services to visit a Third-Party Provider or other third-party website and for reading and understanding the terms and conditions and privacy policy statements for each such website. WE WILL NOT IN ANY MANNER BE LIABLE FOR OR RESPONSIBLE FOR ANY OF YOUR DEALINGS OR INTERACTION WITH THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES. IF YOU CHOOSE TO DEAL WITH THIRD-PARTY PROVIDERS, YOU AGREE THAT YOU HAVE A DIRECT RELATIONSHIP WITH THEM AND ARE SOLELY RESPONSIBLE FOR ANY SUCH DEALINGS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND SERVICES OF THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES.

1.  
2. Not Intended for Children Under 13: The Services and any content, features, products, or services offered through the Services are not intended for children under the age of 13. You must be at least thirteen (13) years of age to register for or use the Services, unless the Services you are using state that they require you to be at least 18 years of age to register for or use such Services.

1. Privacy Notice: Our Privacy Statement explains our policies regarding how and what information we collect, and how we may use or disclosure such information, and your rights. Our privacy statement is incorporated into these terms by reference. [CAN YOU INSERT A HYPERLINK TO THE PRIVACY POLICY AS WELL?]

1. Profiles, Screen Names, Passwords, and Security: In order to use or access the Services or certain parts or features of them, you may be required to or have the option of creating a user account or profile and/or registering as a member by providing your name, a user name, email address, password and other information we may require (“User Account”). As part of the creation or registration of a User Account, you will be able or may be required to create an account or member profile with an associated email address and other information and preferences you provide us.

You agree:

1. that you will only create a User Account or register as a member with your true, valid email address and other contact information including mobile phone numbers, and any other information and preferences you provide us will be true;
2. to let us know of any changes to such information by updating your User Account;
3. not to use anyone else’s User Account, membership information, user name, email address or mobile phone number to access the interactive features of the Services;
4. to safeguard your login information, including your User Account or member name and password, and to take full responsibility for all activity on your account, including any orders placed using your login information or member account whether or not placed by you; and
5. to notify us immediately if you find out that someone else is using your email address, phone number, user name, or password without your permission at digitalmarketing@blakefarms.com
6. that you are least eighteen (18) years of age. If you are under eighteen (18) but at least thirteen (13) years of age, you must present these Terms to your parent or legal guardian and he or she must check the box below to enter into these Terms on your behalf.

If you are a parent or guardian registering for a User Account for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct when using the Services, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Services.

If you are under the age of thirteen (13), you are not allowed to register for a User Account or have a parent or legal guardian register for you. If you are under the age of thirteen (13), please do not use the Services. You may not create a User Account or otherwise post, share, or provide any information, content, or materials to the Services. If you are the parent of a child under the age of thirteen (13), please do not permit your child to use the Services, create a User Account, or otherwise post, share, or provide any information to the Services.

We do not guarantee that any information you provide us will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and you agree that we are not responsible for any resulting loss or damage. We are not responsible for any losses arising out of the unauthorized use of your User Account, username or password.

1. Additional or Different Terms: Sometimes a Service or portion of a Service may have additional terms and conditions or other rules that differ from these Terms. We will spell those out to you within these Terms or make those available for your review with that particular Service as appropriate. If any of those additional or different terms, conditions or rules apply, they will become part of these Terms. If there is a conflict between these Terms and terms and conditions or other rules posted for a Service or portion of a Service, the latter terms and conditions or other rules apply to your use of that particular Service or portion of that particular Service.

1. Amending, Modifying or Altering the Terms: 

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Blake’s does not and will not assume any obligation to notify you of changes to this Agreement.

1. Access and Use of the Services: We, as appropriate, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms. You agree to use the Services in compliance with the internal procedures and guidelines of any company or organization you represent.

You acknowledge and agree that your access to and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that we, in our sole discretion, may elect to take.

You acknowledge and agree that we 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. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. 

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in their present forms or under any current specifications or requirements, or with the current user interface, or to continue to use existing communications facilities. We may in our sole and unfettered discretion, from time to time make additions to, deletions from, or modifications to the Services, specifications, requirements, user interface, and/or communications facilities.

The Services are for the personal use of individuals, and your rights to use the Services described in these Terms may not be transferred or assigned.

Using the Services does not give you any intellectual property rights in the Services or the content you access. All content included in or made available by the Services (including, but not limited to, the text, graphics and other images, site layout and design, descriptions, audio and video, digital downloads, data compilations, software, and images, files, or data incorporated in the software or generated by the software) (the “Content”) are owned by us and/or other third parties. The Content is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit the Content without our prior express written consent.

We retain all right, title, and interest in the Services, the Content, and any associated content, features, products, and services, including any and all intellectual property rights in may have in the Services. We reserve all rights not expressly granted.

1. Prohibited Uses: If you access or use the Services, you may not:
   1. place orders or purchase products that that are not intended to be legitimate orders or purchases;
   2. for the purpose accessing, viewing or redeeming any incentive or promotion program provided or sponsored by us or any Third-Party Provider in a manner that is illegal, fraudulent or contrary to any rules or regulations established for such incentive or promotion program;
   3. reverse engineer, disassemble, decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Services (including, without limitation, data packets transmitted to and from the Services), or analyze, decipher, “sniff,” derive code or materials from any packet stream to or from the Services, or attempt any of the foregoing and you expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act;
   4. infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity);
   5. violate any laws or regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”);
   6. conduct or solicit illegal or other activity that in any way harms us or any Third-Party Provider;
   7. use any robot, spider, scraper, or other automated or manual means to access the Services, copy the Content, or republish any information that you obtain from the Services, including but not limited to the names, addresses and contact information for any restaurant or food service provider that appears here, or any menus or related content;
   8. attempt to gain unauthorized access to any portion of the Services or any related networks or systems by hacking, password “mining,” or any other illegitimate means;
   9. probe, scan, test the vulnerability of or breach the authentication measures of the Services or any related networks or systems;
   10. modify or reroute or attempt to modify or reroute the Services;
   11. link to the Services from any unsolicited bulk messages or unsolicited commercial messages;
   12. utilize framing, squeeze back, overlay or other techniques to enclose or display the Services or the Content, with any other software or content of a third party; or
   13. take any action that places a disproportionately large load on the Services or any related networks or systems.

Except for Employees, we and/or a Third-Party Provider reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who we and/or a Third-Party Provider believes is violating these Terms, including, without limitation, removing any offending materials, suspending or terminating the access of such violators, or suspending or terminating the right to use the Services.

1. Materials Submitted, Posted, Viewed or Shared Using the Services: We do not endorse, control, or assume any responsibility or liability for any content or materials you or others submit, post, viewed or shared on or through the Services, including any information about restaurants, menus, photos, graphics, ideas, images, creative works, and text.

If you choose to send us your ideas or feedback, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names, through the Services or otherwise, you agree that your ideas automatically become our property, without any compensation to you, and we can use, sell, offer, or otherwise dispose of them at our sole discretion. You also represent and warrant that such ideas or feedback are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described below.

By providing any content to the Services:

1. you agree to grant the us and any Third-Party Providers (if applicable) a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently including publishing any endorsement or review posted by you;
2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the us the license specified in this Paragraph 15[CONFIRM THIS AFTER RENUMBERING]; and

1. you acknowledge and agree that we will have the right (but not obligation), at our sole and absolute discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason or no reason, with or without notice; We retain the right, but not the obligation, to monitor the Content and other materials posted on the Services. We may, at our sole absolute discretion, remove or modify any Content or other materials posted to the Services at any time without notice.

Except as expressly provided herein, Blake’s Family of Companies and the Third-Party Providers reserve all rights with respect to the Site, Email Program and the Blake’s Reward mobile app, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent as indicated below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

 To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1. Electronic Notices and Communications: By using the Services or sending us email, you are communicating with us electronically. You consent to receive communications from us electronically by email, or as appropriate, by posting general notices through the Services. You agree that all notices, disclosures, and other communications that we electronically send you satisfy any legal requirement that such communications be in writing, and that these communications are deemed to be given and received on the date we transmit any electronic communication as described above. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

1. Hyperlink Disclaimers.

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by BLAKE’S. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by BLAKE’S. BLAKE’S does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by BLAKE’S. Links do not imply that BLAKE’S or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of BLAKE’S or any of its affiliates or subsidiaries. Except for links to information authored by BLAKE’S, BLAKE’S is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. BLAKE’S reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

1. INDEMNITY AND RELEASE: EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SERVICES OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SERVICES (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

1. Contract Interpretation, Enforcement & Other Important Provisions:

1. 1. Applicable Law and Venue: THESE TERMS ARE ENTERED AND PERFORMABLE IN MACOMB COUNTY, MICHIGAN, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. 

1. Statute of Limitations:Except for Employees, to the extent permitted by law, Claims must be brought within two years. The two-year period begins when the Claim first could be filed. If it is not filed, then that Claim is permanently barred. This applies to you and your successors. It also applies to us, Third-Party Providers, and our respective successors.
2. Except for Employees, if you are dissatisfied with any of the content or materials on the services, or any services or information available through them, your sole and exclusive remedy is to discontinue accessing and using services. Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to the services or block your future access to the services for any reason.

Any violation, or threatened violation, by you of these terms will cause us irreparable and unquantifiable harm and monetary damages would be inadequate for such harm. You consent to us seeking injunctive or equitable relief that we deem necessary or appropriate without the obligation to post any bond or surety. These remedies are in addition to any other remedies we may have at law or in equity.

1. Limitations on Claim. Any cause of action you may have with respect to your use of this site must be commences within one year after the claim or cause of action arises.

1. Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Section 3 above do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Blake’s Family of Companies, Inc. reserves all rights, defenses and permissible limitations under the law of your State of residence. 
2. Severability: All parts of these Terms apply to the maximum extent permitted by law. If we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions.
3. Controlling Law, Jurisdiction and International Users.

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. BLAKE’S makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. Notwithstanding this Agreement’s arbitration terms, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Macomb, Michigan for any disputes with BLAKE’S arising out of your use of this site.

1. Entire Agreement:

This Agreement constitutes the entire agreement between BLAKE’S and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BLAKE’S with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

1. No Waiver:The failure of either party to assert any right under these Terms will not be a waiver of that party’s right, and the said right will remain in full force and effect.
2. Assignment:We may assign our rights and obligations under these Terms without notification to you; in the event of an assignment, we will be relieved of any further obligation.
3. Contacting Us:I If you have any questions or concerns about these Terms, please contact Blake’s Family of Companies at 1-586-784-5343 or the appropriate Third-Party Provider. Alternatively, you may use the mailing addresses provided below and the appropriate party will attempt to respond to your questions or concerns promptly after they are received. This provision does not waive any right to service of process have under applicable law.

Blake’s Family of Companies, Inc.

17985 Armada Center Road

Armada, MI 48005