Privacy Policy

Last Updated: August 15th, 2019

This Privacy Policy describes how information about you is collected, used, and disclosed by Fly with Breeze, Inc. (here referred to as "we", "us", and "Breeze") in connection with your use of our websites, mobile applications, products, services, communications, or other interactions with us (collectively, the "Service"). Your use of the Service indicates your consent to Breeze’s collection, use, and disclosure of information about you as described in this Privacy Policy.

Breeze reserves the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email communication, providing notice through the Service, or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Service or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

You may contact us regarding this Privacy Policy via email at info@flywithbreeze.com.

A NOTE TO USERS OUTSIDE THE UNITED STATES. If you are a non U.S. user of the Platform, by using the Platform and providing us with data, you acknowledge and agree that your personal information may be processed in the country in which it was collected, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you acknowledge such transfer.

Collection of information

We may collect information about you in connection with your use of the Service, including information you transmit to or through the Service. We collect both information you provide directly to us (for example, your account and transaction information) and information that is automatically collected when you use or access the Service (for example, your IP address and mobile device information). The types of information we collect about you include:

a.) Information You Provide to Us, for example when you register for a Breeze account, purchase a product, sign up for a subscription, subscribe to a newsletter or email list, participate in a survey, contest, promotion, or event, apply for a job, communicate with us via email or third-party platforms, request client support, or other methods of communication with us

  1. Account information, such as your name, email address, password, postal address, phone number, subscription, delivery and dietary preferences, and any other information you choose to provide

  2. Transaction information, such as information about Breeze products or services that you purchase, shipping and delivery information and any information related to refunds, credits, and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.

  3. Information about others, such as the names and email addresses of gift recipients when you purchase gifts through the Service, send a product to a recipient other than yourself, or invite friends or family to Breeze

  4. Other information you choose to provide, such as when you participate in a survey, contest, or promotion, when you interact with or mention us on third-party social media sites, or when you request technical or customer support

b.) Information we Collect Automatically, for example when you access or use the Service

  1. Log Information: When you visit the Service, our servers automatically record certain log file information, such as your Internet Protocol ("IP") address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your interactions with the Services

  2. Mobile Device Information: We collect information about the mobile device you use to access or use the Service, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

  3. Activity information: We may store information about your use of the Service, such as website pages visited, date and time of your visit, transactions you initiate, and emails you receive, open, and click

  4. Information collected by cookies and other tracking technologies: We and our service providers use various tracking technologies, including cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called "flash cookies"), advertising identifiers (including mobile identifiers such as Apple's IDFA or Google's Advertising ID) and similar technology (collectively, "Cookies") to collect information about you in connection with your use of the Service. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may collect and transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session. you interact with the Service, including information about your browsing and purchasing behavior. For more information about cookies and how to manage your cookie preferences, please see the Your Choices section below.

Unless otherwise specified, we will retain the information described here indefinitely. Please see the Your Choices section below for more information on your choices related to how we store your information.

Use of Information

We may use the information we collect about you for a variety of purposes, including to:

  1. Provide, maintain, and improve the Service and products provided by Breeze

  2. Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages

  3. Respond to your comments, questions, and requests, and provide customer service

  4. Communicate with you about the Service, products, offers, surveys, events, content, and other news and information we think may be of interest to you. When you sign up for an account or use certain features of our Service, you are opting to receive messages from us. For more information about how to manage your communication preferences, please see the Your Choices section below

  5. Monitor and analyze trends, usage, and activities in connection with the Service and our communications to you

  6. Detect, investigate, and prevent fraudulent transactions and other illegal activities, protect the rights and property of Breeze and others, and comply with legal requirements

  7. Personalize and improve the Service and provide advertisements, content, and features that match your profile and interests, and remember information about your preferences for the Service

  8. Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards

  9. Carry out any other purpose for which the information was collected

Sharing of information

We respect your privacy online. We do not sell or rent your information to third parties unless explicitly specified. However, we may share the personal information we do collect about you with third parties as follows or as otherwise described in this Privacy Policy

  1. With vendors, consultants, and other service providers who need access to such information to carry out work or perform services on our behalf, such as fulfill your order or assist in communication with you

  2. When you interact with us on third-party social media sites, information that you provide may be displayed publicly, such as your name, photos, and other information you choose to provide

  3. When you purchase a product that includes benefits from a partner organization, your email address may be shared with the partner for the purposes of fulfilling your purchase. Please refer to partner companies' sites for their Privacy Policy regarding the collection, use, and storage of your personal information

  4. In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process

  5. If we believe your actions are inconsistent with our Terms & Conditions or other policies, to protect the rights, property or safety of Breeze and others

  6. In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing; between any future parent, subsidiary, and/or affiliated company

  7. With advertising and analytics partners to serve advertisements on our behalf across the internet and to provide analytics services. These entities may use Cookies in the same way we do, to among other things, track and analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. For more information about how to manage having your web browsing information used for advertising purposes, please see the Your Choices section below

  8. With your explicit consent or at your direction

  9. Links: Our website may contain links to third-party services, like another business's URL. Except as described here, we do not share your personal information with them and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you

Security

Breeze takes reasonable measures and uses various safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from Breeze may not be secure, and you should therefore take special care in deciding what information you send to us via email.

Your Choices

  1. Account Information: You may update, correct, or modify information about you at any time by logging into your account or emailing us at info@flywithbreeze.com. If you wish to deactivate your account, please email us at info@flywithbreeze.com, but note that we may continue to retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

  2. Cookies: Most web browsers are set to accept Cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Service.

  3. Promotional Communications: You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at info@flywithbreeze.com. If you choose to opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations

Children

Use of Breeze's Platform and Breeze accounts is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at info@flywithbreeze.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account

California Residents - Your California Privacy Rights: WAS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING INFO@FLYWITHBREEZE.COM

PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

Terms & Conditions

Last updated:  May 22, 2019

GENERAL

Fly with Breeze, Inc (“we”, “us”, “our” or “Breeze”) welcomes you. We provide you access to our services through our website located at www.flywithbreeze.com (the “Website”) or through our mobile application ( the “App” and together with the Website, the “Platform”) subject to these Terms & Conditions (the “Terms”). Please review the following terms that govern your use of and purchase of products or content made available through the Platform (collectively, the “Products”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BREEZE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APP OR PLATFORM.

We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the  Platform with an updated “Last updated” date, or sent out via email. Your use of our Platform following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the Terms that apply when you access or use the Platform or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Platform or order, receive or use the Products.

PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using our Platform, you acknowledge that you have read and agree to the Privacy Policy.

ABOUT BREEZE

Breeze is a foodservice technology company for which travelers at airports or other venues can use its proprietary web-based and mobile applications to order and pay for Breeze’s meals and other food, beverages, and sundries for near-term delivery to the travelers.  

USING BREEZE

You may only create and hold one account on the Platform for your personal use (an “Account”). In consideration of the use of the Platform and the services contained therein, you agree that you are able to create a binding legal obligation with Breeze, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.

The Platform may permit you to make purchases without an Account or without logging in to your Account. If you make a purchase in this manner, we may create an Account for you based on the information provided to us in connection with the transaction (e.g., your name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform if you are under the age of 13. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.

If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Breeze has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Breeze has the right to block your current or future use of the Platform (or any portion thereof) and/or terminate this Agreement with you. If your Account is canceled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.

You are responsible for maintaining the confidentiality and security of your Account, including your password and, if applicable, any password for Facebook, Google, or other third-party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify Breeze of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Breeze will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER

We want you to eat well when traveling, but we’re not medical professionals. By using Breeze’s Products, you acknowledge that you are doing so at your own risk. The statements made by Breeze on this Platform and Products have not been evaluated by the Food and Drug Administration.

Our service is not intended for people with severe allergies. We cannot guarantee the complete absence of allergens as our menu items are prepared in a kitchen environment that contains tree nuts, soybeans, eggs, fish, gluten and dairy. We use best practices when preparing our meals, however, inadvertent cross-contamination may occur. 

PRICING AND AVAILABILITY

All prices are shown in U.S dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients in a meal) without prior notice. We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@flywithbreeze.com. 

Our service is scheduled according to availability. We cannot guarantee that a certain pick-up date and time is available. 

PAYMENT AND OUR CREDIT POLICY

Certain features of the Platform, including, without limitation, the placing of orders, may require you to make certain payments. As consideration for any purchase you make on the Platform, you shall pay Breeze all applicable fees and taxes. When paid by you, these payments are final and non-refundable, unless otherwise determined by Breeze. Breeze, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

Breeze (or our third-party payment processor) will charge, and you authorize Breeze to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Breeze may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event Breeze advances payment for any of your orders placed via the Platform (e.g., if you sign up for a corporate account), Breeze may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within ten (10) business days of the date of such invoice (the “Payment Due Date”), you grant Breeze the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law.

Breeze reserves the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services or goods obtained through the use of the services at any time. Breeze may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

By signing up for Breeze, you acknowledge and authorize Breeze to collect, and save your payment method for future transactions on your account.

PROMOTIONS, REFERRALS, AND DISCOUNTS

If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted programs, however we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of Breeze, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

Through our referral program, we offer you the opportunity to receive discounts off of an order for each new user that you refer to us who creates an account and completes their first order. We also offer discounts to each new user that you are referring, valid only on their first order of our service. Please note that in order for you and the new user to be eligible to receive the discount, they must be a new  user (have not ordered any meals or products from Breeze before), they must purchase a product, and they must order using the appropriate discount code and through your personal shared URL link. Once they complete their eligible order, you will receive an email with a discount credit, valid on our service. 

Orders can be canceled for a 100% refund up to 30 minutes prior to your scheduled pick-up time, if ordered via and cancelled via our App. Pick-up time can also be modified up until 30 minutes prior to your scheduled pick-up time.  All canceled orders by a new user that you referred, also results in cancellation of your earned referral discount credit.

DELIVERY / PICK-UP

Current Operations

Breeze products are currently available for pick-up at Terminal 2 at Los Angeles International Airport (LAX). 

We will notify you via email should there be a change in our delivery schedule or pick-up access point. 

DELIVERY DISCLAIMER

Breeze is not responsible for failed deliveries due to incorrect pick-up times, delays or no shows. Freshness cannot be guaranteed 30 minutes past scheduled pick-up time - therefore, if you are over 30 minutes late for your scheduled pick-up, Breeze must discard your meal and no refunds will be issued. It is up to the client to maintain freshness once received. Our meals are packaged in insulated containers and will typically remain fresh for several hours, but depending on the season and the temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. By purchasing Breeze meals, you agree to properly and promptly pick-up your meals and eat them close to pick-up. Since all of our food is fresh, it will go bad if not properly taken care of. 

Once an order has been picked-up, we are no longer responsible for any damage or delay on part of other persons, circumstances, or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues at the time of pick-up. 

RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS

Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact us (info@flywithbreeze.com). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your Account. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future order, we may implement the credit in a variety of ways at our discretion, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please contact us at info@flywithbreeze.com for help.

Refunds will not be issued for delays that are the result of factors outside Breeze’s control, including but not limited to weather, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be credited to your account which will be applied towards your next order. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.

ADDITIONAL TERMS FOR MOBILE APPLICATIONS

We may make available software to access Breeze’s websites, technology platforms, and related online and mobile services via an App. To use our App, you must use a mobile device that is compatible with that App. Breeze does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Breeze hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Account on a mobile device owned or leased solely by you, for your personal use. You acknowledge that Breeze may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of any App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all upgrades to the App. The foregoing license grant is not a sale of the App or any copy thereof, and Breeze or its third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Breeze reserves all rights not expressly granted under this Agreement with respect to the App and otherwise. The App originates in the United States, and are subject to United States export laws and regulations. The Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Platform.

The following applies to any App you acquire from the App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Breeze, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Platform Store Terms of Service. You acknowledge that  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Breeze as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any  applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Breeze as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Breeze, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software .

DISCLAIMER

THIS  PLATFORM AND ALL CONTENTS OF THE PLATFORM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM  IS AT YOUR SOLE RISK AND THAT BREEZE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS PLATFORM AND OUR SERVICES.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BREEZE OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS TERMS OF USE AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF BREEZE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS, EXCEED TO ONE HUNDRED DOLLARS ($100). 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 above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BREEZE, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM AND OUR SERVICES.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Platform (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to Breeze. collectively, its subsidiaries and/or affiliates. The Platform as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Breeze. Breeze may prosecute infringement to the full extent permitted under Applicable law.

The Contents of our Platform, and the Platform as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Platform. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Platform, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Breeze on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, "Comments") shall be and remain Breeze’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Breeze of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Breeze will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Breeze is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Platform will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Platform will be or contain, in the sole opinion of Breeze or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Breeze may use and/or disclose information about your demographics and use of the Platform in any manner that does not reveal your identity. By participating in Platform sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Breeze may use your information for marketing and promotional purposes. 

BREEZE COMMUNICATIONS TO YOU

You agree that Breeze may send electronic mail or notifications to you for the purpose of advising you of changes or additions to this Platform, about any Breeze products or services, or for such other purpose(s) as Breeze deems appropriate. You have the option to opt-out of marketing communications. 

IMAGES

The images and colors displayed on the Platform do not necessarily represent or depict actual meal programs or food offered by Breeze. Meals and meal programs are subject to change without notice. 

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Platform contains links to outside services and resources, the availability and content of which Breeze does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Breeze is not responsible and shall not be held liable for the use of any such content.

INACCURACY DISCLAIMER 

From time to time there may be information on our Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  

TERMINATION

This Agreement is effective unless and until terminated by either you or Breeze. Breeze may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform, if in Breeze’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Breeze, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. 

CHOICE OF LAW

These Terms of Use are governed by U.S. federal law and/or laws of the state of New York, consistent with the Federal Arbitration Act, without resort to conflict of law provisions.