NATIONAL REFRESHMENT SERVICES
TERMS OF USE
WELCOME!
National Refreshment Services (“National Refreshment”) provides this website and on-line ordering portal so as to offer certain products and services to you when you visit or shop with us. National Refreshment provides products and services subject to the following conditions. By using this website, you agree to these Terms of Use. Please do not use this site if you do not agree to abide by these terms. We offer a wide range of products and services and sometimes additional terms may apply. National Refreshment reserves the right to revoke any or all access and use authorizations granted to you in regard to the Site unless National Refreshment has agreed otherwise in writing.

YOUR NATIONAL REFRESHMENT ACCOUNT
By completing the National Refreshment registration process, you represent that you are at least 18 years old. Upon acceptance of your account registration, National Refreshment will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by National Refreshment and the password provided to you or that you select for your account. You agree that the use of your National Refreshment user ID and password (collectively, the "Password") shall be considered the equivalent of your written signature. Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us) and may not be shared with third parties. Sharing the Password with third parties violates the business relationship between you, the Customer, and National Refreshment. You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. Your account may be terminated if you or anyone else uses it in violation of this Agreement or any National Refreshment usage policies that may be posted on the Site, which policies are hereby made part of this Agreement. You agree to notify National Refreshment immediately of any unauthorized use of your account or any other breach of security of which you become aware. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. National Refreshment reserves the right to add additional security measures related to passwords. National Refreshment may de-activate accounts that are inactive and reject any application for a National Refreshment account for any reason.
USING OUR SERVICES
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may not use our website or online portal (“Site”) in any manner that could disable, overburden, or impair any National Refreshment server, or interfere with any other person's use and enjoyment of the Site, other computer systems or networks connected to any National Refreshment server or to the Site, through hacking, password mining or any other means. You agree that you will not use the Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You may use our Site only as permitted by law, including local, state, federal or international laws or regulations. We may suspend or stop providing our Site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the Site may be denied or limited by National Refreshment, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at National Refreshment's discretion, and National Refreshment shall have no liability for such occurrences.
PURCHASES
You agree that any order to purchase products and/or services from National Refreshment placed using the Site constitutes a binding offer to purchase which National Refreshment may accept or reject. National Refreshment will provide you with an electronic notice confirming receipt of your order. National Refreshment acceptance of an order will be indicated by the order invoice. National Refreshment reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order
PAYMENT FOR ORDERS
Payment on all purchases made via the Site must be done in accordance with the terms of your agreement. Any amounts due which remain unpaid shall incur a late charge of 1.5% per month or the highest amount allowed by law. Should collection activities be undertaken by National Refreshment to collect amounts owed by you on a delinquent account, you will be responsible for all fees and costs associated with such collection activities, including actual costs and reasonable attorney fees.
TERMINATION AND CANCELLATION
This Agreement will continue to be effective until you or National Refreshment terminates it. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination, such as unpaid invoices. National Refreshment may terminate this Agreement immediately and without notice if National Refreshment decides that you have failed to comply with any term or condition of this Agreement or if National Refreshment decides to modify the terms and conditions governing future use of the Site. If you cancel your “One Snack” subscription prior to the one-year anniversary of your registration, National Refreshment may charge you a one-time fee of $499.00 for the cost of the One Snack Merchandiser display that was provided to you.
OWNERSHIP, TRADEMARK, AND COPYRIGHT
You agree and acknowledge that National Refreshment is the owner of the Site and its materials. You will not do anything that might impair or damage those rights. The Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of material on the Site may violate such laws. No links may be established to any part of the Site and no information on the Site may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on this Site (collectively, the "Marks"), are registered and unregistered trademarks of, and owned by, National Refreshment and/or any Supplier or Distributor. You may not use any of the Marks displayed on the Site, or any other content on the Site except as provided in the Terms. Any other use is strictly prohibited. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in the Terms. If you modify or use the Marks for any other purpose you will be violating the intellectual property rights of National Refreshment.
HOW NATIONAL REFRESHMENT TREATS YOUR INFORMATION
We do not disclose or sell personal information about users of the Site (such as name, address or e-mail address) to third parties; however, National Refreshment may disclose aggregate information regarding its users, including information regarding their usage of the Site to third parties. Further, National Refreshment may disclose personal information regarding its users if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on the Site; (b) protect or defend the rights or property of National Refreshment, the Site, or the users of the Site, and/or (c) protect the personal safety of users of the Site or the public under exigent circumstances.
National Refreshment will take commercially reasonable steps to protect and secure any user-specific information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER NATIONAL REFRESHMENT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS OR SERVICES OFFERED. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE PRODUCTS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS AND/OR SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. WHEN PERMITTED BY LAW, NATIONAL REFRESHMENT WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF NATIONAL REFRESHMENT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW.
INDEMNIFICATION AND GOVERNING LAW
By accessing and using the Site, you agree to indemnify, defend and hold National Refreshment from any and all liabilities, claims, losses - including attorney fees - due to use of the Site or your violation of the Terms or any local, state, federal or international laws or regulations. National Refreshment reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues. Any failure by National Refreshment to enforce any of its rights under the Terms or under applicable law shall not constitute a waiver of such rights.
The Agreement will be governed by and construed in accordance with the laws of the State of Michigan, and any dispute arising hereunder that is not resolved through informal dispute resolution procedures, shall be resolved exclusively in the courts sitting in either Oakland County or Macomb County, Michigan or the United States District Court for the Eastern District of Michigan and such courts shall have exclusive jurisdiction as to such disputes.
All information contained on this site is subject to change at any time without notice.
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