Terms of Use

Effective Date: January 22, 2016

Welcome to Fresh EBT. Propel, doing business through easyfoodstamps.com, (“Propel,” “we,” “us,” and “our”) owns and operates this mobile application (“Mobile App”). In order to use our Mobile App or any other content and services we may offer here (any of which, and all together, the “Service”), you (personally and, if applicable, on behalf of the entity for whom you are using the Mobile App; collectively, “you”) must agree to and follow these Terms of Use (“Terms”), which constitute a legally binding agreement between Propel and you. These Terms include our Privacy Policy.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Be sure to read these Terms carefully, and if you have any questions please contact us at:

Propel
397 Bridge St, 8th Floor, Brooklyn NY 11201

Or, email us at: feedback@freshebt.com.

GENERAL TERMS.

There are a few basic terms you must comply with as a condition to having the right to use the Service. If you are under the age of 13, please discuss these Terms and your use of the Service with your parent or legal guardian. Propel reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms. Without limitation, you agree that you will not, directly or indirectly:

Use the Service in a manner that violates these Terms or any applicable law, rule, or regulation, or for any unintended purpose;

Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Mobile App or part of the Service;

Use the Service or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;

Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;

Interfere with or damage the Service or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;

Impersonate or misrepresent your identity or affiliation with a person, entity or organization or use a false identity;

Attempt to obtain unauthorized access to the Service or any materials or information not intentionally made available through the Service;

Collect information about users of the Service;

Violate, misappropriate or infringe a third party’s intellectual property or other right through the Service;

or Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service.

PROPEL INTELLECTUAL PROPERTY RIGHTS.

You agree and acknowledge that these Terms provide you with a limited, non-transferable license to use the Service on any device you own. Propel owns the Service but is not responsible for Your or third party content.

Intellectual Property Rights

All content on the Mobile App, or otherwise made available via the Service, except for third party content, the trademarks, service marks and logos contained therein, the design of the Mobile App and Service, and all software and other technology used to provide the Service, are owned by or licensed to Propel. We reserve all rights not expressly granted to you. Propel will be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim brought by a third-party based on the Service, as provided by Propel and used in accordance with these Terms.

Third Party Content

The Service may contain content provided by third parties. In addition, the Service may contain links to third party Mobile Apps. Propel is not responsible for the third party content on the Mobile App or provided through the Service or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for third party content or the practices of third party sites.

DISCLAIMERS.

While we try to keep our Service safe and functioning, using our Service exposes you to some risks. Propel is not responsible for any harm you may experience. Additionally, the Service provides estimates based on the information you submit, including estimates of the interview process and your eligibility for certain benefits, and Propel cannot guarantee the accuracy of those estimates. Specifically:

THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. PROPEL AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.

PROPEL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) ACCURATELY ESTIMATE YOUR BENEFITS, BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) MEET YOUR REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE OR THIRD PARTY MOBILE APPS OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

Limitation on damages.

Propel’s liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPEL, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR MOBILE APP, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF PROPEL OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF Propel IN CONNECTION WITH THE MOBILE APP AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO PROPEL IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.

YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.

FOR iOS USERS ONLY IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE. APPLE WILL REFUND THE PURCHASE PRICE FOR THE SERVICE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE. APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY OF YOUR CLAIMS RELATED TO (i) PRODUCT LIABILITY CLAIMS; (ii) ANY CLAIM THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

Representations and warranties.

If you use our Service, you are representing and warranting to Propel that:

You have the full power and authority to enter into and follow these Terms and these Terms are binding on you;

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

You are not listed on any U.S. Government list of prohibited or restricted parties;

and Your agreement to and following of these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law.

Indemnity.

You agree to indemnify Propel for all costs in connection with Claims.

You agree to defend, indemnify, and hold Propel its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Service; or (iii) arising from or related to your User Content. If you are required to provide indemnification, Propel may, in its sole and absolute discretion, control any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without Propel’s consent.

CHANGES TO THE SERVICE; TERMINATION.

Propel may terminate or modify the Service or your use of the Mobile App at any time.

Termination Propel may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Service, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Service at any time for any reason or no reason at all.

Effect of Termination

If we terminate your use of the Service, you must cease all use of the Service immediately. These Terms will survive indefinitely unless and until Propel chooses to terminate them.

Disputes.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at feedback@freshebt.com, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:

These Terms, your use of the Service, and any other matter relating to Propel will be governed by the laws of the state of New York, without regard to conflict of laws principles.

These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in New York, New York. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in New York, New York if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE MOBILE APP, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

MISCELLANEOUS.

These Terms make up the entire agreement between the parties regarding Propel and supersedes any prior or contemporaneous agreements. You agree that these Terms of Use are concluded between you and Propel and not any other party.

Under no circumstances will Propel or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Propel’s reasonable control.

The Service is controlled and offered by Propel from the United States of America. Propel makes no representation that the Service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.

If you provide us with your email address, you agree that we may send you emails related to the Service or your Account. If you do not want to receive general emails related to the Service, you can opt-out by following the instructions in our messages. You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the Mobile App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Propel Inc, 397 Bridge St, 8th Floor, Brooklyn, NY 11201.

You may not transfer your rights or obligations under these Terms without the prior written consent of Propel. Propel may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Propel. These Terms will be interpreted as if equally drafted by Propel and you. A party’s failure or delay in exercising (in whole or in part) any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these Terms will remain in full force and effect.

You acknowledge that neither Propel nor any other party is required to provide maintenance and support with respect to the Service.

For iOS users only, Apple and Apple’s subsidiaries are third party beneficiaries of Propel’s rights and Your obligations under these Terms. Both Apple and Apple’s subsidiaries, upon Your acceptance of these Terms, may enforce these Terms against you.