Terms of Use and Sale

Terms of Use and Sale

LAST UPDATED: July 15, 2023

For purposes of these Terms of Use and Sale ("Terms"), "Rapid Refreshment℠", "we", "our", or "us" refers to Cardinal Vending and Markets, LLC, a Delaware limited liability company.

Please read the below terms and conditions (“Terms”) carefully.

Your use of the website from which you are accessing this Terms (“Site”) is subject to these Terms.

1. Acceptance of Terms. By accessing or using the Site, you agree to these Terms and to any additional terms or rules that we may post on the Site. Your use of the Site and/or Content (as defined below) must at all times comply with all applicable laws, rules and regulations.

We may modify or discontinue the Site at any time, in our sole discretion.

We may make changes to these Terms (and to any such additional terms and rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the Site. You can determine when we last changed these Terms by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to these Terms will constitute your acceptance of those changes.

2. Content we make available on the Site. We may make available via the Site content, including (but not limited to) information, documents, forms, data, comments, reviews and other texts, photos, pictures and other images, films, movies, videos, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our and their licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written approval.

In addition, you acknowledge that the Site itself is protected by copyright law. All trademarks used on the Site are the property of their respective owners. Trademarks and logos owned by or licensed to us may only be used in conjunction with goods and/or services produced and/or distributed and/or provided by us or with the express prior approval of us.

Sometimes, we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific Terms are for that Content. Those specific Terms may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Site, you may be asked to affirmatively agree with the specific Terms applicable to the Content.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES. INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

3. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing Content through the Site, your Content may become publicly accessible. You grant to us and any affiliated entities and our and their service providers and agents a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for us and/or our affiliated entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive any termination of your use of the Site, as further described below. For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.

4. Rules of Conduct. In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. We will fully cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and we reserve the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.

a. You are prohibited from posting or transmitting, through or in connection with the Site:

i. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

ii. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

iii. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and

iv. Any material non-public information about a company without the proper authorization to do so.

b. In addition, you will not:

i. Use the Site for any fraudulent or unlawful purpose;

ii. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;

iii. Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;

iv. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;

v. Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);

vi. Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);

vii. Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;

viii. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

ix. Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;

x. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;

xi. Frame or mirror any part of the Site without our express prior written consent;

xii. Create a database by systematically downloading and storing all or any Site content; or

xiii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.

5. Order Placement.

General Requirements. By placing an order, you represent and warrant that:

 You are at least 18 years of age;

 If you are a business, the product is being ordered on the Site solely for you to sell or provide the product directly to consumers in the territory set forth on the FAQ page of this Site (“the Territory”) and not to other businesses or locations.

 You will not distribute any beverages, directly or indirectly, outside the Territory (“Transshipment” or Transshipping”). We may limit quantities and/or and refuse to sell for Transshipment and/or deduct or charge for Transshipping charges, which you agree to pay.

Product Descriptions. We use our reasonable endeavors to make sure that every product on the Site is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.

Placing Your Order. When you place an order (by choosing your product and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) Where we cannot obtain authorization for your payment; or (b) If you do not meet any eligibility criteria set out in these Terms. We reserve the right to cancel your order at any time and issue a full refund.

Ordering multiple products. Orders containing multiple items may be shipped separately.

Payment. You can pay for your goods using major credit or debit cards.

Prices and Sales Tax. Product prices shown on the Site do not include sales tax. All applicable sales tax will be calculated and displayed during checkout, based on the shipping destination.
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case, it will be clearly stated.

Shipping. Shipping charges will be added to your order during the checkout process. From time to time, we may offer free shipping promotions, the terms of which will be advertised on the Site and are subject to change without prior notice. If you want to check the postage and packaging cost of your order, simply place the items in the online shopping basket with the correct quantity and address. We will then calculate the charge for you. Generally, orders are shipped within 24-48 hours, but please allow at least a week from the date of placing your order for your items to arrive via parcel carrier. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Circumstances Beyond Our Control. Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as flood, extreme winds, hurricanes, tropical storms, or earthquakes, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, supply chain disruptions, war, civil unrest, infrastructure failures (transportation, energy, and the like) or from any industrial or labor dispute or strike.

All sales are final. Once an order is submitted all sales are final. However if there is an error, please reach out to HelpDesk@rapidrefreshment.com and we will be happy to investigate the issue.

Reporting a Problem.If for any reason you are not happy with your order, please contact our Customer Service Team by emailing HelpDesk@rapidfreshment.com . You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 28 days.

6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

7. Data Protection. We take data protection seriously. Please see our Privacy Policy for information on how we process your personal data.

8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE ACCURATELY AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR AFFILIATED ENTITIES AND OUR AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND AGENTS DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT, MATERIALS, GOODS OR SERVICES MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATED ENTITIES AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9. Indemnity. Except to the extent prohibited under applicable law, you agree to indemnify and hold harmless us, our affiliated entities, and any other party involved in creating, producing or delivering the Site, and our and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms by you or through any account you create in connection with the Site and (c) any allegation that any Content that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

10. Termination. These Terms are effective until terminated. You agree that we may terminate your access to or use of the Site or any portion thereof, at any time, if you breach these Terms, or we reasonably believe that you have breached these Terms, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the Site. Sections 2-4, Transshipment and Transshipping provisions in Section 5, Section 6, Sections 8-12, and Sections 15-17 shall survive any expiration or termination of these Terms.

11. Claims of Copyright Infringement. 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 made available on or accessible through the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Notices and counter-notices should be sent to:

Cardinal Vending and Markets, LLC

10117 Princess Palm Ave., Suite 340

Tampa, FL 33610

Email: HelpDesk@rapidrefreshment.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.

13. Contact. This Site is operated by:

Cardinal Vending and Markets, LLC

10117 Princess Palm Ave., Suite 340

Tampa, FL 33610

14. Information or Complaint. If you have a question or complaint regarding the Site or these Terms, please contact us by writing to Cardinal Vending and Markets, LLC, 10117 Princess Palm Ave., Suite 340, Tampa, Florida 33610, USA, or by emailing us at HelpDesk@rapidrefreshment.com . Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

15. Governing Law. Except to the extent expressly provided otherwise in this Section 15, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its choice of law provisions. You agree to the exclusive jurisdiction by the federal and state courts located in Hillsborough County, Florida, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

16.Dispute Resolution Terms (please read carefully).

The Terms and any dispute arising out of or relating to it or the parties’ relationship will be governed by and construed in accordance with the laws of the state of Florida without reference to its conflict of law rules. The prevailing party in any dispute arising out of or relating to the Terms or the parties’ relationship will be entitled to recover its reasonable attorneys’ fees and other costs and expenses.

The parties, in good faith, will first attempt to settle any controversy or claim arising out of or relating to the Terms, or any other aspect of the parties’ relationship, including the breach, termination or validity of the Terms, by confidential non-binding mediation. Either party may institute a mediation proceeding by written request to the other party. Any such mediation proceeding will be conducted in the Tampa, Florida metropolitan area in accordance with the then-current Arbitration and Mediation Rules and Procedures of the American Arbitration Association. Notwithstanding anything to the contrary in the Terms, either party may seek from any court, in accordance with the governing law subsection above, any provisional remedy, including, without limitation, injunctive relief, that may be necessary to protect trademarks, copyrights, patents, confidentiality, non-competition or other rights or property pending the establishment or completion of the mediation proceeding. Any controversy or claim that cannot be resolved through mediation shall be finally resolved by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect as of the date the matter is referred to arbitration. FOR THE AVOIDANCE OF DOUBT, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT.

JURY TRIAL WAIVER: EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE TRANSACTIONS IT CONTEMPLATES OR WITH THE PARTIES’ RELATIONSHIP. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER ARISING IN CONTRACT,

TORT OR OTHERWISE.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON ITS BEHALF AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, INCLUDING IN MEDIATION AND ARBITRATION.

17. Miscellaneous. If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to the Site, by email, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. You agree that our licensors that make their Content available to us in connection with the Site are third-party beneficiaries under these Terms with the right to enforce the provisions of this Agreement that directly concern their content. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

You may print, download or otherwise retain a copy of these Terms (and of any revised version) for your records.