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Terms of Use

THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PERFECT DAY, INC. PLEASE READ THEM CAREFULLY.

Effective Date: 9 July, 2021

These Terms of Use (the “Terms”) apply to the Perfect Day, Inc. (“Perfect Day,” “we,” “us” and “our”) websites, including www.perfectdayfoods.com , www.theurgentcompany.com, www.braverobot.co, Modern Kitchen (collectively, the “Site(s)”), as well as any purchase of Perfect Day’s products including but not limited to the Brave Robot Ice Cream (“Product(s)”) from the Site. The Site is the property of Perfect Day. By using this Site, you agree to these Terms and our Privacy Policy (the “Privacy Policy”); if you do not agree with these Terms or the Privacy Policy, then you may not use this Site. You acknowledge that you have reviewed these Terms and the Privacy Policy in their entirety, that you agree to these Terms and the Privacy Policy in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you.

EFFECTIVE DATE AND CHANGES TO THESE TERMS

The Effective Date of these Terms is set forth at the top of this webpage. Perfect Day reserves the right to modify or amend the Terms without notice at any time. Changes will become effective immediately. Therefore, it is your responsibility to check these Terms for changes. Your continued use of the Site following any modifications or amendments to the Terms will mean that you agree to the changes. The amended Terms supersede all previous versions.

WHO MAY USE THE SITE

You may use this Site only if, and for so long as, you agree to be bound by, and act in accordance with, these Terms, and you are at least 13 years old.

CONDITIONS OF USE

You may use this Site and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) provided on the Site only as expressly provided in these Terms or as stated on the Site. All right, title, and interest in and to the Content are the property of Perfect Day (or another party that has licensed their material to us). The Site and Content are protected by United States and international copyright and trademark laws. All rights not expressly granted herein are reserved to us and our licensors. The use of this Site does not confer upon you any rights to any intellectual property, including, but not limited to, patents, trademarks, copyrights, design, user interfaces, trade dress, or computer code.

We authorize you to view or download the Content on the Site solely for your personal, noncommercial use and, provided that you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content. Content and features are subject to change or termination without notice in our editorial discretion.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs, malware or other material which is potentially malicious or technologically harmful.

You may not use this Site in any manner that interferes with the services Perfect Day provides via this Site nor may you attempt to access the Site in any other manner than those that we purposely provide to you or are otherwise permitted by law. This includes, but is not limited to, attempts to gain unauthorized access, imposing an unreasonably large load on the Site’s infrastructure, or any other attempts to interfere with Perfect Day’s intended working of the website as well as the experience of other visitors. You may not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.

You may not use this Site in any way that violates any applicable federal, state, local or international law or regulation. If you use or attempt to use this Site or the Content in any way not expressly permitted by this Site, your right to use the Site will terminate automatically and you must immediately destroy any copies you have made of any portion of the Content.

Unless you have a signed agreement with us, or you have purchased our Products through our authorized supply chain granting you express permission to resell or Products, you are not permitted to resell or otherwise use any of the Products you purchase for commercial purposes.

LINKS TO OUTSIDE WEBSITES

This Site may contain links to independent third-party websites, for example, those of ice cream purveyors and retailers. Please understand that those third-party websites and Products may have different terms of use and privacy policies, and that these links are provided solely as a convenience to our visitors. Perfect Day has no control over, is not responsible for, and does not endorse or make any representations whatsoever about the content of these linked websites. The information collected by such third party websites is not covered under these Terms or our Privacy Policy. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, malware and other items of a destructive or harmful nature. Your use of third-party websites is at your own risk.

PRODUCT INFORMATION

Perfect Day attempts to be accurate in describing its Products on the Site. We do not warrant that the product and service descriptions, including the weight or volume of the Products or other content of this or any other website are complete, reliable, current, or error-free.

SHIPPING AND HANDLING; RISK OF LOSS

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from our Sites, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.

DELIVERIES AND STORAGE

You are responsible for inspecting Products for any issues upon delivery. In addition, you are solely responsible for proper storage and handling of the Products you receive. The Products may be delivered in a frozen state. Each

If you ordered a perishable Product for delivery, and you are not home when the delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated by or to you. Our perishable Products will be packaged in insulated liners and with dry ice or (or another similar frozen pack) to remain cold and fresh potentially for several hours after delivery; however, depending on the season and temperature in your geographic area at time of delivery, advanced planning by you should be made for immediate and proper storage of your perishable Products, as there is no guarantee how long packages will remain cold under any given condition.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your purchased order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your Products to ensure freshness is not feasible, we may cancel your order and issue you a credit or refund of the purchase price for that order.

WARRANTIES AND DISCLAIMERS OF WARRANTIES

PERFECT DAY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR SPECIFIC PROMISES ABOUT THE SITE, PRODUCTS, OR SERVICES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS OR THE PRIVACY POLICY, AND PERFECT DAY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, WHICH MAY VARY BY JURISDICTION, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. PERFECT DAY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. PERFECT DAY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS (INCLUDING MAJOR ALLERGENS DISCLOSED ON THE PRODUCTS’ LABELS) BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS MAY HAVE BEEN STORED NEAR PRODUCTS CONTAINING INGREDIENTS IDENTIFIED AS MAJOR U.S. ALLERGENS, INCLUDING BUT NOT LIMITED TO WHEAT, SOY, PEANUTS AND TREE-NUTS, AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFECT DAY AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “PERFECT DAY REPRESENTATIVES”) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR INJURIES FOR ANY CAUSE OF ACTION UNDER ANY LEGAL THEORY THAT RELATES IN ANY WAY TO YOUR ACCESS, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE,  INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION). PERFECT DAY SHALL NOT BE LIABLE EVEN IF PERFECT DAY OR AN PERFECT DAY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, PERFECT DAY’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, NOT TO EXCCED THE LESSER OF THE AMOUNT YOU PAID PERFECT DAY WITHIN THE PAST THIRTY (30) DAYS TO USE THE SITE OR A SERVICE THEREIN, OR ONE HUNDRED DOLLARS ($100). IN ANY EVENT, PERFECT DAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE  OR ANY PRODUCTS PURCHASED THROUGH THE SITE MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

The limitations of liability provided in these Terms inure to our benefit to all of the Perfect Day Representatives.

Some jurisdictions do not allow the disclaimer of warranties or limitation of certain damages so certain of the foregoing disclaimers and limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless Perfect Day and Perfect Day Representatives from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising out of your use or misuse of the Site, your breach of these Terms or your violation of applicable law, rule or regulation.

WAIVER OF CLASS ACTION

YOU AND PERFECT DAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

GOVERNING LAW

This Agreement will be governed in all respects by the laws of the State of California as such laws are applied to agreements between California residents entered into and to be performed entirely within California, without giving effect to conflict of laws principles. The sole venue to bring any action under this Agreement shall be the state and federal courts located in Alameda County in California, USA. The parties submit to the jurisdiction of such courts.

COPYRIGHT POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Perfect Day a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Perfect Day to locate the material on the Site;

4. Your name, address, telephone number, and email address (if available);

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Perfect Day a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to Legalcontact@perfectdayfoods.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice, as there are penalties for false claims under the DMCA.

MISCELLANEOUS

No waiver by Perfect Day of any term or condition set forth in these Terms shall be effective, unless in a writing signed by an authorized representative of Perfect Day, or be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.

Should any provision of these Terms be held to be invalid, unenforceable, or illegal by a court of competent jurisdiction, such ruling will not affect or impair the validity, enforceability, or legality of any remaining portions of this Agreement, and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. All remaining portions will remain in full force and effect as if the original Terms had been executed without the invalidated, unenforceable, or illegal part.

These Terms constitute the entire agreement between you and us with respect to the use of the Site and Content. Your use of the Site is also subject to the Privacy Policy <link>.

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

CONSUMER INFORMATION AND RIGHTS

California users of this Site are entitled to the following consumer rights notice under California Civil Code Section 1789.3: If you have questions about these Terms, please contact us here <link>.

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