CS PB Void Mobile Application End User License Agreement
Last Updated: July 6, 2023
Please read this CS PB Void Mobile Application End User License Agreement (“EULA” or “Agreement”) carefully before downloading or using the CS PB Void application (the “App”). This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively, “You” or “Your”) and C&S Wholesale Grocers, LLC, with offices located at 7 Corporate Drive, Keene, NH 03431 (“C&S”). Your use of the App is subject to this EULA.
- Acceptance. BY SWIPING OR CLICKING TO ACCEPT THIS AGREEMENT OR DOWNLOADING, INSTALLING OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU (INCLUDING ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS) ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE. You acknowledge that C&S may revise this EULA from time to time. C&S will post the most recent version of the EULA at https://bestyet.com/cs-private-brands-mobile-app-eula/. Your continued use of the App following such a posting constitutes Your acceptance of the revised EULA. If You do not agree to any revisions, You must stop using the App and all Content and delete the App from Your device.
- Use of the App. This App is licensed, not sold, to You. C&S grants You a revocable, non-exclusive, non-transferable limited license to download and use the App and to access the Content within the App and according to this EULA for Your internal business purposes strictly in accordance with this EULA. Your use of the App and Content is limited to use for informational purposes only. Your use of the App requires that You are an authorized user, as determined in C&S’s sole discretion (“Authorized User”). If You are not an Authorized User, You are not permitted, authorized, or licensed to use the App or associated Content in any respect. This restriction applies even if You are able to download the App. THE APP IS LICENSED FOR USE ONLY TO AUTHORIZED USERS.
- Restrictions on Use. Unless You have prior written authorization from C&S, You may not: (a) distribute or make the App available over a network where it could be used by multiple devices at the same time; (b) transfer, redistribute or sublicense the App and, if You sell Your device to a third party, You must remove the App from the device before doing so; (c) copy (except as permitted by the EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that this is expressly permitted or required by applicable law); (d) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or the Contents available to third parties; (e) delete, obscure, or in any manner alter any warning or link that appears in the App or Content; or (f) use the App or the Content to create a separate database that is or could be competitive with the App. You also agree not to violate the usage limits or controls set forth by: (i) the App Store Terms of Service, for iOS users accessing the App on an Apple product, or (ii) Google Play Terms of Service for Android users accessing the App on an Android product.
- Appropriate Conduct. You agree that You are responsible for Your own conduct and content while using the App, and for any consequences caused by Your use of the App. You agree to use the App only for purposes that are proper and in accordance with the EULA and any applicable policies or guidelines that C&S, Apple or Google, as applicable, make available.
- Content in the App. The App allows You to access and view a variety of content, which may include images, data, and other information provided by C&S and its licensors (the “Content”). You understand and agree that the Content is provided for informational purposes only and may be used solely for Your internal business purposes. Content may also be provided under license from third parties and may be subject to additional restrictions.
- Proprietary Rights. You acknowledge and agree that the App and the Content are provided under license, and not sold, to You. You do not acquire any ownership interest in the App or the Content under this EULA, or any other rights thereto, whether by implication, estoppel or otherwise, other than to use the App and the Content in accordance with the limited license granted, and subject to all terms, conditions, and restrictions, under this EULA. C&S and its licensors reserve and shall retain their entire right, title, and interest in and to the App and the Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
- Suspension and Termination of the App. C&S reserves the right to suspend or terminate Your access to the App at any time and for any reason including, without limitation, if You cease to be an Authorized User. You understand that if Your account is suspended or terminated, You may no longer have access to the Content in the App. Your rights under the EULA will terminate automatically without notice from C&S if you fail to comply with any term(s) of the EULA. Upon the termination of the EULA, you shall cease all use of the App and destroy all copies, full or partial, of the Content.
- External Services. The App may enable access to third-party services and websites (collectively and individually, “External Services”). C&S is not responsible for examining or evaluating the content or accuracy of any External Services, access to which is provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to the applicable third parties’ terms and conditions. C&S shall not be liable or otherwise responsible for any External Services. C&S reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to You.
- Indemnity. You represent and warrant to C&S that Your use of the App is not for any illegal or injurious purpose or purposes and You will not use the App in violation of any law or regulation. You agree to indemnify and hold C&S harmless from and against any loss, claim, demand, expense (including attorney’s fees), or liability of whatever nature or kind arising out of Your use of the App for any illegal or injurious purpose or purposes or in violation of any law or regulation.
- NO WARRANTY. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, THE CONTENT AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C&S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. C&S DOES NOT WARRANT (A) THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE COMPATIBLE WITH ANY PARTICULAR DEVICE, (B) THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY C&S OR ANY C&S AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
iOS Application. In the event of C&S’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. IN ADDITION, APPLE SHALL HAVE NO OBLIGATION TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO THE APP.
Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL C&S OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE APP, INCLUDING WITHOUT LIMITATION, YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR (B) DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR C&S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Apple Disclaimers for iOS Users. This EULA is not concluded between You and Apple, and Apple is not responsible for the App or the content thereof. Apple is not responsible for addressing any of Your or a third party’s claims relating to the App or Your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with use of the App. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any third-party claim that the App or Your possession and use of the App infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, and discharge of any such intellectual property claims.
- Export Control. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Governing Law. This EULA shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles governing conflicts of law. The parties agree that the state and federal courts located in the State of New York shall have exclusive jurisdiction over any claim arising out of or relating to this EULA and You consent to the exclusive jurisdiction of such courts. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Third Party Beneficiaries. This EULA is between You and C&S and not between You and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. C&S is not responsible for any applicable third-party agreement between You and any third-party, including Your wireless provider, and You must comply with all such agreements.
- Notices. Any notices to C&S, and any questions, concerns, or complaints relating to the App should be addressed to: email@example.com or 1-800-736-7093.