Terms & Conditions
Last Updated: March 1, 2023
These terms of use ("Terms of Use") are entered into by and between you and Foodie Card, Inc. dba The Forking Group Agency (“Company,” “we,” “us” or “our”) and govern your access to and use of the TheForkingGroup.com, FoodieCard.com website and the Foodie Card mobile application, including any services offered through, and all technology, content and other materials available by means of, the website or mobile application(collectively, the “Site”). These Terms of Use incorporate our Privacy Policy as well as applicable terms and conditions describing the The Forking Group Agency services that are set forth on the Site from time to time.
Please read these Terms of Use carefully. By using the Site, you affirm that you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, including the Privacy Policy, you may not accessor use the Site.
We may terminate your right to access the Site or use any of our services at any time without notice, for any reason, including but not limited to any conduct that we deem to be fraudulent or abusive, in violation of any applicable laws or regulations, harmful to the interests of another person, unauthorized, or otherwise in violation of these Terms of Use.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Site, including, without limitation, any organizations that register accounts or otherwise access or use the Site through their respective representatives. The term “you” shall mean yourself individually as well as any organization on whose behalf you use the Site.
The Forking Group clients receive marketing support through social media, email, SMS, paid media, PR and other support services. Additional terms and conditions applicable to your use of the Site are set forth on the Site and incorporated into these Terms of Use. Please see our website for more information about The Forking Group Agency suite of services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to regularly review these Terms of Use so you are aware of any changes, as they are binding on you.
Without limiting other requirements set forth in these Terms of Use, by using the Site, you agree that:
In the event that we have reason to believe that you have breached any of the above requirements, we reserve the right, at our sole discretion and without limitation of our other rights or remedies, to suspend or permanently deactivate your account.
We own the Site, subject to our content providers’ and licensors’ ownership of the materials that they provide, including all copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights inherent in or appurtenant to the Site. Without limitation of the foregoing, all names, logos, brands, trademarks and service marks on the Site are owned by the Company or its affiliates, licensors or business partners and may not be used without the express written permission of the Company or other applicable owner.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted herein are reserved by the Company.
It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon notification to the Company by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Company for notice of claims of copyright infringement isas follows: Foodie Card dba The Forking Group Agency, Inc. at 50 Jackson Avenue, Suite 210, Syosset, NY 11791.
All personal data we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to use of any personal data that we collect from you in compliance with the Privacy Policy.
If the Site contains links to other websites provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You represent and warrant that you are at least 18 years old and have the power and authority to enter into and agree to these Terms of Use on behalf of yourself and any organization on whose behalf you use the Site.
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSOR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHERTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES,SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.
YOUR USE OF THE SITEAND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THESITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSONASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECTTO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITYOF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONEASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT,OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITEWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENTPROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITEDTO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FORPARTICULAR PURPOSE.
THE FOREGOING DOES NOTAFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENTPROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVEEMPLOYEES, AGENTS, OFFICERS, OWNERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANYKIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, ORINABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITEOR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONALINJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OFPROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OFGOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR SOLE LIABILITY, AND YOURSOLE REMEDY, IN THE CASE OF ANY BREACH BY US OF ANY OF OUR OBLIGATIONSHEREUNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, SHALLBE FOR US TO PROVIDE YOU WITH A REFUND FOR ALL AMOUNTS PAID BY YOU TO US FORPURCHASES THE FORKING GROUP SERVICES DURING THE ONE YEAR PERIOD IMMEDIATELYPRECEDING THE EVENT GIVING RISE TO LIABILITY.
THE FOREGOING DOES NOTAFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims),shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Suffolk in the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
ANY CAUSE OF ACTION ORCLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITEMUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
The Site is operated by Foodie Card, Inc. dba The Forking Group Agency at 50 Jackson Avenue, Suite 210,Syosset, NY 11791.
All feedback, comments,requests for technical support, and other communications relating to the Siteshould be directed to:hello@theforkinggroup.com.