CGU (24/04/2022)

Welcome to Bed Food Coffee, an app that is used by the 1901 Bed Food Coffee Association.

Bed Food Coffee's mission is to promote civic actions (help, share and avoid waste) by allowing citizens to offer the essentials of life with other citizens in the neighborhood, as simply as possible.

These citizen gestures must be free or provided at a social rate.

TERMS OF SERVICE (06/26/2021)

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CREATING AN ACCOUNT OR ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These terms of use ("Terms") apply to your access and use of any Bed Food Coffee website, mobile application or other online or mobile product or service (collectively, the "Services"). If you use the Services on behalf of an entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity and that that entity will be responsible for your breach of these Terms. Failure to use our services in accordance with these terms may result in, among other things, the termination or suspension of your rights to use the services and may subject you to legal action by Bed Food Coffee and / or serious civil and / or criminal penalties.

We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If Bed Food Coffee makes any changes to these terms, we'll let you know, including changing the date at the top of these terms. Your continued use of our services after the posting of any changes or modifications will constitute your acceptance of those changes or modifications. Therefore, you should frequently review these Terms and applicable policies and guidelines in order to understand the terms and conditions that apply to your use of the Services.

Please refer to our Privacy Policy to learn how Bed Food Cooffee may collect, use and disclose information about its members. Additionally, by accessing or using our services, you agree to adhere to community guidelines.

Please contact us with any questions regarding these terms. You can contact us by email at support@bedfoodcoffee.com

1. ELIGIBILITY, REGISTRATION AND ACCOUNT

You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old. In order to access certain areas and features of our services, you will need to create an account using your email address. By registering with your email address, you agree to create a unique password that you do not use with any other online product or service. By creating an account, you further agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information in the event of a change; (c) maintain the security of your account by protecting your password and limiting access to your account; (d) promptly notify Bed Food Coffee if you discover or suspect any breach of security relating to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of authorized or unauthorized access.

2. CONDITIONS RELATING TO THIRD PARTIES

Bed Food Coffee may offer the option to purchase products and services from third parties. You acknowledge that these products and services are offered and sold to you by one or more third parties. For more information, please refer to the terms of sale and privacy policy of the relevant third party, which are presented as part of the payment process.

3. INTERACTIONS WITH OTHER MEMBERS

3.1 You are solely responsible when you interact with other members. Our Services provide a platform for Members to help other Members without the possibility of remuneration, and to communicate with each other. Bed Food Coffee is not a party to, has no involvement or interest in, makes no representations or warranties and has no responsibility or liability with respect to communications, exchanges, donations, services, food, materials, interactions, disputes or any relationship between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. The member is the only one who can judge the quality, reliability, legality and is solely responsible for the use of donations, services, food, materials, interactions that another member provides. If in doubt, it is up to the member to find out and verify that donations, services, food, materials, interactions are compliant and legal. We reserve the right in the event of suspicion of abnormal use of our services, or a third party claim, but have no obligation, to verify interactions between you and other members of our services. Remember, Bed Food Coffee Services are just a platform that allows you to communicate and interact with other people around the world. We cannot be responsible for any interactions you have with other Bed Food Coffee members, so please use good judgment and keep safety in mind when using our Services.

3.2 Members are requested to respect other members, to be kind and to notify the other member in the event of a delay and / or cancellation of an offer.

3.3 Identity verification. We cannot confirm the identity of every member and we do not. You are solely responsible for determining the identity and suitability of other persons with whom you may interact through our Services. Bed Food Coffee does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. In addition, we do not endorse people who use or register for our services. We do not investigate or verify the reputation, conduct, character, criminal history, or any information that Members may submit to the Services. We encourage you to take precautions when interacting with other members, especially when meeting a stranger in person for the first time.

3.4 Our email address verification tool is for the sole purpose of confirming that the email address that a member submits to us is an email address that that member can access.

3.5 Our services being only a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law, you release us (as well as our officers, directors, members, employees, agents and affiliates) claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a resident of California, you waive the California Civil Code 1542, which states: "A general discharge does not extend to claims which the obligee does not know or suspect exist in its favor at the time of filing. execution of the discharge, which, if known to him, should have materially affected his settlement with the debtor. "

4. CONDUCT AND CONTENT OF MEMBERS

The Services include interactive areas where you or other members can create, post or store content, messages, data, information, text, photos or other items or materials on the Services (collectively, the "Membership content"). You are solely responsible for your use of these interactive areas and agree that your use of these areas is at your own risk.

4.1 Restrictions on Membership Content. You are solely responsible for any Member Content that you submit, display or transmit through our Services. You agree not to post, transmit, distribute, store, create or otherwise post through the Services, any member content that we believe, in our sole discretion:

(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or which could otherwise create liability or violate any local, state, national or international law; (b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploits minors; (c) may disparage any ethnic, racial, sexual or religious group through stereotypical portrayal or is otherwise abusive or inflammatory; (d) depicts the use of illicit drugs; (e) contains offensive language or images or is otherwise objectionable; (f) incites violence or presents violence as acceptable, glamorous or desirable; (g) contains any promotions, political campaigns, advertisements or unsolicited solicitations without our prior written consent; (h) contains private or personal information about another person, unless that person has consented to the disclosure of such information; (i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojans, harmful code, flood pings, denial of service attacks , spoofing of packets or IP addresses, spoofing routing information or e-mail addresses, or similar methods or technologies; (j) may infringe any patent, trademark, trade secret, copyright or any other intellectual or property right of any party. By posting Member Content, you represent and warrant that you have the legal right to distribute and reproduce such Member Content; (k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of a third party. Bed Food Coffee is not responsible for the Member Content that you or other Members post, transmit or store through the Services. We have no obligation to post your content or that of any other person and we may, in our sole discretion, edit, remove or remove any content without notice. If you become aware of any Member Content that violates these terms, you can notify us using the reporting tools provided on our services. However, the application of these Terms is at our sole discretion and failure to apply in certain cases does not constitute a waiver of our right to apply the Terms in other cases. In addition, these Terms do not create a private right of action by a third party or a reasonable expectation that the Services do not contain any content prohibited by these rules.

4.2 Behavior of members. By accessing or using the Services, you agree to act responsibly, use common sense and abide by Community Guidelines. In addition, you agree not to:

(a) use the Services in violation of any applicable law or regulation, including by promoting or encouraging any illegal activity; (b) violate the rights of any third party, including, without limitation, intellectual property rights, confidentiality, publicity or contractual rights; (c) use the Services in a way that could interfere with, disrupt, negatively affect or prevent other members from fully enjoying the Services or that could damage, disable, overload or alter the operation of the Services in any way. ; (d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited message of a commercial, religious, romantic, political or other nature not corresponding to the intended purposes of the Services) ; (e) stalk, intimidate, threaten or otherwise harass any other member of our Services, or cause them discomfort; (f) collect or store information about any other member other than as authorized by our Services; (g) use our services for any commercial purpose, except with the prior written consent of Bed Food Coffee; (h) register for more than one member account; (i) impersonate any person or entity, or falsify or misrepresent your identity or affiliation with any person or entity, whether by providing or failing to provide information; (j) bypass or attempt to bypass any security or verification measures relating to the use of the Services; (k) present you as an agent, representative, employee or affiliate of Bed Food Coffee. (l) help a third party do any of the above things. (m) request money and / or an exchange of goods and / or a service for an offer made through our Services.

4.3 Member Content License. You own all member content that you post on our services. If you post Member Content to our Services, you hereby grant us a perpetual (i.e. forever), worldwide, irrevocable, non-exclusive, royalty-free, and fully sublicensable license (i.e. that is, we can grant this right to others). We may grant this right to others) to use, reproduce, display, perform, adapt, modify, create derivative works, distribute, distribute and promote such Content. member in any form, in all media currently known or subsequently created (including in emails or other communications to our members) to administer, operate, develop and provide the Bed Food Coffee Services. You represent and warrant that (a) you own and control all of the rights in the Member Content that you post or that you have the right to post such Member Content on the Services; (b) Member Content is accurate and not misleading; and (c) the use and posting of the Member Content you provide does not violate these Terms and will not violate any rights or cause any harm to any person or entity. You own the Member Content that you post on our Services. If Member Content contains information about you, our Privacy Policy will apply, and we encourage you to review that policy for how we may use and share that information.

5. SUBMISSIONS

Regardless of member content, we welcome questions, comments, suggestions and ideas regarding Bed Food Coffee and our services ("Submissions"). If you provide a Submission, whether by email or otherwise, you agree that it will not be confidential (unless Bed Food Coffee decides otherwise in writing) and that it becomes the exclusive property of Bed Food Coffee. Bed Food Coffee will own the exclusive rights, including all intellectual property rights, and will have the right to use and distribute the Submissions without restriction for any purpose, commercial or otherwise. You acknowledge that Bed Food Coffee is not obligated to provide you with any recognition or compensation in exchange for the Submissions.

Unless otherwise specified, the Services and all content and other elements of the Services, including, but not limited to, the Bed Food Coffee logo, and all designs, text, graphics, images, videos, information, data, software , sound files and other files, and the selection and arrangement thereof, (collectively, the "Bed Food Coffee Elements") are the exclusive property of Bed Food Coffee or our licensors or members and are protected by the French, European and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the services and materials of Bed Food Coffee; however, this license is subject to these terms and does not include: (a) resale or commercial use of Bed Food Coffee's services or materials; (b) the distribution, public performance or public display of any Bed Food Coffee material; (c) modification or derivative use of Bed Food Coffee's services and materials, or any part thereof, unless the modification or derivative use is specifically permitted by applicable law or provided for by separate conditions; (d) the use of any data mining tool, robots or similar methods of collecting or extracting data; (e) downloading (other than page caching) of any part of the Services, Bed Food Coffee materials or any information contained therein, except as expressly permitted by the Services; or (f) any use of the Bed Food Coffee services or materials other than for which they are intended. Any use of Bed Food Coffee's services or materials other than as specifically authorized herein, without the prior written permission of Bed Food Coffee, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws. Unless expressly stated herein, nothing in these Terms should be construed as licensing any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

7. REPEATED OFFENDER POLICY

Bed Food Coffee has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Bed Food Coffee, members who are considered repeat offenders. Bed Food Coffee may also, in its sole discretion, limit access to services and / or terminate the account of any member who we believe infringes the intellectual property rights of others, whether or not there is a repeat offense.

If you believe that any element of the Services infringes any copyright you own or control, you may file a notice of such infringement with Bed Food Coffee at the email address: support@bedfoodcoffee.com

Please note that if you knowingly state in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or by the alleged infringer as a result of that we have relied on this false statement to remove or disable access to the allegedly infringing material or activity.

9. TRADEMARKS

"Bed Food Coffee", "BedFoodCoffee", the Bed Food Coffee logos and any other Bed Food Coffee service name or slogan contained in the Services are trademarks of Bed Food Coffee and may not be copied, imitated or used, in any way. or in part, without the prior written permission of Bed Food Coffee or the relevant trademark holder. You may not use metatags or any other "hidden text" using "Bed Food Coffee", "BedFoodCoffee" or any other name, trademark or product or service name of Bed Food Coffee without our prior written permission. Additionally, the look and feel of the services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and / or layout of " BedFoodCoffee ", and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other brands, trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to products, services, processes or other information, by trade name, brand, manufacturer, supplier or otherwise, does not constitute or imply an endorsement, sponsorship or recommendation on our part. Any authorized use of such marks must be in accordance with the guidelines BedFoodCoffee may provide to you from time to time, including the BedFoodCoffee Trademark Policy.

Our logo and the terms "BedFoodCoffee" and "Bed Food Coffee", as well as other terms and visuals that you may see in the Bed Food Coffee services, are protected trademarks. However, we support members who use these brands, after prior written consent from Bed Food Coffee in an appropriate manner, for example to make their own T-shirts or to create social media pages for the local Bed Food Coffee community.

You have a limited and non-exclusive right to create a hyperlink to the Services, provided that such link does not present Bed Food Coffee or any of our Services in a false, misleading, derogatory or otherwise defamatory manner and also provided that the linking site does not contain adult or illegal material or material that is offensive, harassing or otherwise objectionable. This limited right can be revoked at any time. You may not use a Bed Food Coffee logo or any other Bed Food Coffee proprietary graphic to link to the Services without the express written permission of Bed Food Coffee. In addition, you may not use, frame or use framing techniques to include any trademark, logo or any other Bed Food Coffee proprietary information, including images found on services, text content or the layout / design of a page or a form contained in a page of the services without the express written permission of Bed Food Coffee. Except as stated above, no right or license is conveyed to you by implication, or otherwise in or under any patent, trademark, copyright or any other proprietary right of Bed Food. Coffee or a third party.

11. THIRD PARTY CONTENT

By using our services, you may be exposed to content from other members or third parties ("Third Party Content"), either on our services or through links to third party websites. We do not control, approve or adopt third party content and we have no responsibility for third party content, including, without limitation, material which may be misleading, incomplete, erroneous , offensive, indecent or otherwise objectionable. You must assess and bear all risks associated with third party content, including, without limitation, the profiles of other members of our services.

12. TERMINATION

If you violate these Terms, or any other community policy or standard that we put in place from time to time, we may, at our discretion and at any time (a) terminate your access to our Services, (b ) deactivate or delete your account and all information and files associated with that account and / or (c) prohibit your access to any of these files or Services. In any of these cases, you are not permitted to open another Bed Food Coffee account without our prior written permission.

In rare circumstances, where we believe it is necessary to protect the safety or well-being of the Bed Food Coffee community, we will delete a member's account from our Services. We don't take this decision lightly, but it is sometimes necessary.

13. INTERRUPTION OF SERVICES

We may, at our discretion and without liability to you, with or without notice and at any time, modify or discontinue, temporarily or permanently, any part of our Services.

14. MEMBERSHIP

To use the Bed Food Coffee service, you must have Internet access.

15. MEMBER DECLARATIONS AND GUARANTEES

15.1. You hereby represent and warrant that you have full power and authority to enter into and perform these Terms. If you use our Services on behalf of an entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity.

15.2. You hereby represent and warrant that you will use our Services in a manner consistent with all applicable local, state, national and international laws and regulations.

15.3. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not authorized to provide the types of personal information that we ask or if you are prohibited from participating in certain Internet activities). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.

16. DISCLAIMER OF WARRANTIES

16.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ANY KIND. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

16.2. WE DO NOT REPRESENT OR WARRANT THAT

(A) OUR SERVICES WILL MEET YOUR NEEDS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) ANY INFORMATION YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION THAT YOU PROVIDE OR THAT WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

16.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU MUST USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

16.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. LIMITATIONS OF LIABILITY

17.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL BED FOOD COFFEE, OR OUR OFFICERS, MEMBERS, EMPLOYEES, VOLUNTEERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING TO:

(A) USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACING ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS CONCLUDED THROUGH OUR SERVICES; (C) DISCLOSURE, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, INTERRUPTIONS OF SERVICE OR OBTAINING ALTERNATIVE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR CONDUCT OR THE ACTS OF ANY OTHER PERSON IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING OUT OF, RELATING TO OR RELATING TO OUR SERVICES OR THESE TERMS.

17.2. WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF THESE TERMS, WHETHER OR NOT ANY FAILURE OR DELAY IS DUE TO CAUSES OUTSIDE OF OUR CONTROL.

17.3. IN NO EVENT SHALL OUR OVERALL RESPONSIBILITY TO YOU OR A THIRD PARTY FOR ANY MATTER ARISING OUT OF OR RELATING TO OUR SERVICES OR THESE TERMS AND CONDITIONS SHALL GIVE THE RIGHT TO A CLAIM FOR MONEY AND / OR SERVICE.

17.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

17.5. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY OF THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD.

18. INDEMNITY

You will defend, indemnify and hold Bed Food Coffee (and each of our officers, directors, members, employees, volunteers, agents and affiliates) harmless from any and all claims, demands, actions, damages, losses, costs or expenses, including, but not limited to '' limit reasonable attorneys' fees, arising out of or relating to

(a) your use of our services; (b) any Content or Member Submission you provide; (c) your violation of these terms; (d) your violation of the rights of others; or (e) your conduct in connection with the services. Further, if you use the Services on behalf of an entity, you represent and warrant that that entity agrees to indemnify you and indemnify Bed Food Coffee for violations of these Terms in accordance with this section. If you are obligated to indemnify us, we will have the right, in our sole and absolute discretion, to review any action or proceeding and to determine whether we wish to settle it, and if so, under what conditions.

19. REPORTING BAD CONDUCT

If you interact with someone through our Services who you believe is acting or has acted inappropriately, including, but not limited to, offensive, violent or sexually inappropriate behavior, who robs you or has acted free from any other disturbing conduct, we strongly encourage you to immediately report this person to the appropriate authorities and contact us using the Bed Food Coffee email address: support@bedfoodcoffee.com. Please note that while we encourage you to report any misconduct, we are not responsible for the actions of our members, and we are not obligated to take action.

20. DISPUTES.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BED FOOD COFFEE AND LIMITS THE WAY YOU CAN REQUEST REPAIR.

You and Bed Food Coffee agree to arbitrate any dispute arising out of these Terms or relating to the Services, except that you and Bed Food Coffee are under no obligation to arbitrate any dispute in which either party seeks to obtain fair or other redress for the alleged illegal use of copyrights, trademarks, trade names, logos, trade secrets or patents.

SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM LEGALING OR HAVING A JURY TRIAL.

You and Bed Food Coffee agree that you will notify each other of any dispute within thirty (30) days of its occurrence, that you will attempt an informal resolution prior to any request for arbitration, that any arbitration will take place in the head office department of Bed Food Coffee, in France, and that the arbitration will be conducted on a confidential basis. You and Bed Food Coffee also agree that the courts of the head office of Bed Food Coffee, namely the Courts of Nice Alpes Maritimes in FRANCE, have exclusive jurisdiction over any appeal from an arbitration decision and over any lawsuit between the parties. not subject to arbitration. With the exception of the class proceedings and actions discussed below, the arbitrator has the power to grant any remedy that would otherwise be available in court.

WHETHER THE DISPUTE IS IN ARBITRATION OR IN COURT, YOU AND BED FOOD COFFEE SHALL NOT TAKE CLASS ACTION, CLASS ARBITRATION, OR ANY REPRESENTATIVE ACTION OR PROCEEDING AGAINST THE OTHER.

21. MISCELLANEOUS.

21.1 Assignment. You may not assign any of your rights or obligations under these Terms without the prior written consent of Bed Food Coffee. Bed Food Coffee may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

21.2 Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporary agreements between the parties regarding their subject matter.

21.3 Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms does not constitute a waiver thereof.

21.4 Severability. The invalidity or unenforceability of any of these Conditions will not affect the validity or enforceability of the other Conditions, all of which will remain in full force and effect.

21.5 Titles. Section titles are intended for convenience only and should not be used to limit or interpret these sections.

21.6 Survival. Sections 3.5, 4, 5, 9, 11, 14, 15, 16, 17, 20 and this section 21 will survive any termination or expiration of these Terms.