Terms and Conditions

African Dream Foods Terms of Use

Effective Date: 1st January 2021

Please read these Terms of Use (“Terms”) carefully before using our website or purchasing online products (collectively, “Online Services”) from African Dream Foods LLC (“African Dream Foods,” “we,” “us,” “our”).

By visiting or otherwise using our Online Services in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), agree to be bound by them, and represent that you have read and understood them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy.

These Terms affect your legal rights, responsibilities, and obligations and govern your use of the Online Services, are legally binding, limit African Dream’s liability to you, require you to indemnify us, and obligate you to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Online Services.

Additional Terms

In some instances, additional terms posted on the Online Services, apply to your use of certain parts of the Online Services (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Accounts

When you create an account with African Dream Foods, you guarantee that you are more than 18 years old and that the information you are providing to us is accurate, complete, and current. Inaccurate, incomplete, or out-of-date information may result in the termination of your account. Usernames and passwords must be personal, non-offensive, and unique and not violate the rights of any person or entity. We may reject the use of any password, username, or email address for any reason in our sole discretion.

You are solely responsible and liable for maintaining the security and confidentiality of your account access credentials. You agree to accept responsibility for any and all activities that happen using your account. You must notify us immediately if you become aware of any unauthorized use of your account. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Online Services.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You can terminate your account by emailing us at info@africandreamfoods.com.

Purchases, Cancellations, and Refunds

In order to make a purchase, you will be asked to give us your name, billing address, and shipping address along with information necessary to make the purchase using direct bank transfer, PayPal, or credit card. All payments are processed immediately through a third-party service. African Dream Foods is not responsible for the information collected and processed by the third-party service. Payment information is encrypted during transfer.

By making a purchase, you represent and guarantee that:
You have the legal right to use the payment method selected to make the purchase; and
The information you have provided is correct, complete, and accurate.

Sales tax applies to your purchases where we choose, or are required, to collect and remit such taxes.

We reserve the right to cancel or refuse any order at any time for any reason, including product availability, shipping restrictions, order errors, and fraudulent transactions. If African Dream Foods suspects a transaction may be fraudulent or otherwise illegal, we may contact law enforcement to report the transaction.

You may only cancel a purchase while your order is still process (that is, it is not yet prepared for shipment). We reserve the right to refuse any order cancellation.

African Dream Foods offers subscription boxes on a flexible subscription model. You may skip renewals or cancel at any time through your account page.

We offer refunds only when items received are incorrect, damaged, missing or not as we described them. If a refund is due, the refund will be processed as quickly as possible, but it may take several days to appear in your account, depending on the type of payment you selected. Shipping fees are non-refundable, and you are responsible for return shipping costs.

Product Descriptions and Content Modifications

We strive to describe our products and services accurately; however, we do not warrant that such specifications, pricing, or other content on the Online Services is complete, accurate, reliable, current, or error-free. The prices for our products are subject to change without notice. We may modify or discontinue any product at any time without notice. African Dream Foods is not liable to you or any third party for any product modification, price change, or other suspension or discontinuation of service. If a product you purchased or accepted from African Dream Foods is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase, and to receive a credit for the purchase price.

Intellectual Property

The Online Services and all of their content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (collectively, “Intellectual Property”), are owned or controlled by African Dream Foods and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Online Services is the property of African Dream Foods and certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. African Dream Foods owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Online Services.

Your right to use the Online Services and Content is subject to your strict compliance with these Terms and any Additional Terms. Your right to access and use the Online Services and the Intellectual Property shall automatically terminate upon any violations, such as any derivative use of our Online Services or their Content; any downloading, copying, or using the Online Services for the benefit of a third party; or any use of data mining on the Online Services. Your rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.

In using the Online Services, you must also respect the Intellectual Property and rights of others. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.

All Intellectual Property pertaining to our Online Services and products are our property or belong to their respective owners. You may not use any such Intellectual Property without prior written consent or the consent of the owner if not us.

These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Online Services and Content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY African Dream Foods AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Online Services for any purpose is prohibited.

Links to Third-Party Websites

You may link to the Online Services from a website or other online service, so long as: (a) the links and the content on your website do not suggest any affiliation with African Dream Foods or cause any other confusion; and (b) the links and the content on your website do not portray African Dream Foods or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to African Dream Foods. African Dream Foods reserves the right to suspend or prohibit linking to the Online Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Our Online Services may link to other websites that are not owned or operated by us, or portions of our Online Services may be integrated into third-party sites or platforms that we do not own or control. These may include the ability to register or sign in to our Online Services or to submit payment for purchases. African Dream Foods takes no responsibility for third-party services. We do not warrant or make any guarantees regarding the substance, quality, functionality, accuracy, fitness for any particular purpose, merchantability, or any other representation about any such site or its contents, products, or services. Those websites have their own terms or conditions of use that may differ substantially from ours. Please review the terms or conditions for each third-party site you visit.

Content You Submit

African Dream Foods may now, or in the future, offer users of the Online Services the opportunity to post, upload, display, publish, distribute, or otherwise make available on or submit through the Online Services on or in response to our pages or posts on any third-party platforms, in connection with any of our promotions by any media or manners, or otherwise submitted to us (for example, on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content” or “UGC”). You may be able to submit UGC through your profile, our forums and blogs, social networking environments or communities, contact us tools, email, and other communications. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Online Services’ posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark the UGC as “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, African Dream Foods does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.

In your communications with African Dream Foods, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, African Dream Foods retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. African Dream’s receipt of your Unsolicited Ideas and Materials is not an admission by African Dream Foods of their novelty, priority, or originality, and it does not impair African Dream’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

License to African Dream Foods of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant African Dream Foods, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to African Dream Foods to your UGC, you also, as permitted by applicable law, hereby grant to African Dream Foods, and agree to grant to African Dream Foods, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).

African Dream’s Exclusive Right to Manage Our Online Services. African Dream Foods may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and African Dream Foods may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC. Such UGC submitted by you or others need not be maintained on the Online Services by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Online Services or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Online Services prospectively removed from public display as provided for in the Privacy Policy.

Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant African Dream Foods the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any African Dream Foods obligation to obtain consent of any third-party and without creating any obligation or liability of African Dream; (b) the UGC is accurate; (c) the UGC does not and, as to African Dream’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

Enforcement. African Dream Foods has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at African Dream’s cost and expense, to which you hereby consent and irrevocably appoint African Dream Foods as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Appropriate Content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it by email us at info@africandreamfoods.com. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Online Services that is infringing and that you would like removed from our Online Services or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by email at info@africandreamfoods.com.

Online Services and Content Use Restrictions

Online Services Use Restrictions. You agree that you will not: (i) use the Online Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Online Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to African Dream; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Online Services by any means whatsoever or modify any Online Services source or object code or any Software or other products, services, or processes accessible through any portion of the Online Services; (v) engage in any activity that interferes with a user’s access to the Online Services or the proper operation of the Online Services, or otherwise causes harm to the Online Services, African Dream Foods, or other users of the Online Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Online Services or any feature that restricts or enforces limitations on use of or access to the Online Services, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Online Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Online Services, other computer systems or networks connected to the Online Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

Content Use Restrictions. You also agree that, in using the Online Services, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Online Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of African Dream Foods or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Online Services.

Availability of Online Services and Content. African Dream Foods, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Online Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in African Dream’s sole discretion, and without advance notice or liability.

Applicable Laws

These Terms shall in all respects be governed by the laws of the state of Vancouver, Washington USA, regardless of the laws that might be applicable under conflicts of law. Each party submits to personal jurisdiction and venue in Vancouver, Washington USA for any and all purposes.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

Pre-Arbitration Notification. African Dream Foods and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that African Dream Foods need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or African Dream Foods – shall send a letter to the other side briefly summarizing the claim and the request for relief. If African Dream Foods is making a claim, the letter shall be sent, via email, to the email address listed in your African Dream Foods account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 8.B. If you are making a claim, the letter shall be sent to PO Box 873311, Vancouver, WA, 98687, USA (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 8. Either you or African Dream Foods, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 8.D) before the expiration of this sixty (60)-day period.

Arbitration of Claims. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Vancouver, Washington, before a single arbitrator. If the matter in dispute is between African Dream Foods and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Vancouver, Washington or, if sought by African Dream Foods, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Vancouver, Washington or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE ONLINE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, ONLINE SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY African Dream Foods (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF AFRICAN DREAM FOODS.

Class Action Waiver. As permitted by applicable law, both you and African Dream Foods waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 8 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Small Claims Matters. Notwithstanding the foregoing, either of party may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court.

This Section shall remain in full force and effect notwithstanding any termination of your use of the Online Services or these Terms.

Disclaimer of Representations and Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK AND THE ONLINE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, African Dream Foods disclaims and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, your use of the Online Services.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, African Dream Foods HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY African Dream Foods OR OUR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) AFRICAN DREAM”S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY African Dream Foods TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

Limitations on Our Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY African Dream Foods BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to your use of the Online Services or our products.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if African Dream Foods were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Online Services).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AFRICAN DREAM’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE ONLINE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY African Dream Foods OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) AFRICAN DREAM’S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY US TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

RESIDENTS OF THE EUROPEAN UNION ARE ENTITLED TO THE FOLLOWING EXCLUSIONS TO THE DISCLAIMERS OR LIMITATION OF LIABILITY – Nothing in these Terms shall operate to exclude or limit our liability for death or personal injury caused by negligence, fraud or fraudulent concealment; or any other liability which cannot be excluded or limited under applicable law.

Updates to These Terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Online Services (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE ONLINE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Online Services.

General Provisions

African Dream’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants African Dream Foods a right of consent or approval, or permits African Dream Foods to exercise a right in its “sole discretion,” African Dream Foods may exercise that right in its sole and absolute discretion. No African Dream Foods consent or approval may be deemed to have been granted by African Dream Foods without being in writing and signed by an officer of African Dream Foods.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by African Dream), indemnify, and hold African Dream Foods harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any African Dream Foods, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Online Services and your activities in connection with the Online Services; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Online Services or your activities in connection with the Online Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) African Dream’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by African Dream Foods, in the defense of any Claim and Losses. Notwithstanding the foregoing, African Dream Foods retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. African Dream Foods reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of African Dream Foods. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Operation of Online Services; Availability of Products and Online Services; International Issues. African Dream Foods controls and operates the Online Services from the United States, and makes no representation that the Online Services is appropriate or available for use beyond the United States. If you use the Online Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, African Dream Foods reserves the right, without limitation, to: (i) investigate any suspected breaches of its Online Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by African Dream Foods in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by African Dream Foods to comply with law enforcement requests or legal requirements in accordance our Privacy Policy , (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Online Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to African Dream Foods under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Online Services, or upon notice from African Dream Foods, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Online Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to African Dream Foods in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Assignment. African Dream Foods may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of African Dream Foods.

Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Online Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Online Services. Nothing in the preceding sentence shall limit or exclude any liability for fraud or fraudulent misrepresentation. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or African Dream Foods in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

California Consumer Rights and Notices. California residents can obtain information on our privacy practices in our Privacy Policy. In accordance with California Business and Professions Code Section 17538 et al., African Dream’s return and refund policy is available here. The legal name under which African Dream Foods conducts business is African Dream Foods Foods, Inc., and our business address is PO Box 873311, Vancouver, WA, 98687, USA. Within five (5) days of African Dream’s receipt of your request, California residents may receive verification of this information by email by contacting us at info@africandreamfoods.com. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at http://www.dca.ca.gov.

Notices, Questions, and Customer Service

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: PO Box 873311, Vancouver, WA, 98687, USA. If you have a question regarding the Online Services or our products, you may contact African Dream Foods Customer Support by sending an email to info@africandreamfoods.com or calling us at +1 (323) 400-5075.

You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

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