Effective Date: 9/9/2024
Welcome to WARCODES™. Our innovative mobile game (the "App") allows registered users to scan barcodes to unlock an entire universe of creatures and to assemble their own, each with its own characteristics, abilities, and appearance based on the products the user scans. Once created, users can use their creature to battle the creatures created by other registered users. The App also allows you to make in-App purchases of creature-related merchandise from third party vendors.
In order to download the App and use it, a user (or, if a minor, a parent or legal guardian on behalf of the minor) needs to register and establish his, her or their own account with Warcodes™, the d/b/a of Cozy Orchards, LLC ("we," "us" or "our") and, in doing so, confirm their express and continuing agreement with and acceptance of these Terms of Use (at least until such agreement and acceptance is expressly revoked in writing).
PLEASE NOTE THAT THESE TERMS OF USE, ONCE ACCEPTED BY YOU AS EVIDENCED BY YOUR ACCESS TO AND USE OF THE APP, AND/OR THE ESTABLISHMENT OF AN ACCOUNT WITH US, CONSTITUTES A LEGALLY BINDING AGREEMENT GOVERNING YOUR AND OUR OBLIGATIONS TO EACH OTHER OR TO OTHERS.
As more fully described in "Updates and Modifications" below, from time to time, we may update or revise these Terms of Use. Each time that you access or use the App, you are agreeing to be bound (and will be bound) by the then-current version of these Terms of Use. Accordingly, we encourage you to visit these Terms of Use from time to time to ensure that you are familiar with the most current version.
Set forth in these Terms of Use is a more detailed description of what we do, our obligations and the limitations on our obligations, and your rights and obligations if you choose to access and use the App for your personal enjoyment.
If you fail to abide by these Terms of Use for appropriate interaction with the App and other users of the App, we will terminate your account with us and hold you accountable for any damages that we or other members of the Warcodes™ community may incur as a result of your actions.
PLEASE READ THESE TERMS OF USE CAREFULLY, AND MAKE CERTAIN THAT YOU UNDERSTAND THEM, BEFORE FURTHER ACCESSING OR USING THE APP. YOU MAY ACCESS AND USE THE APP ONLY IF, AND ONLY FOR SO LONG AS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
This Agreement shall be effective as of the earliest date when you accept these Terms of Use, or first access or use the App, or when you establish an account with us. This Agreement shall remain then in effect for so long as you use or access the App. Upon termination or your repudiation of this Agreement, you shall no longer be permitted to use or access the App. Certain of the terms provided in these Terms of Use contemplate and provide for obligations that arise or continue after this Agreement may have terminated including, but not limited to, Indemnification, Disclaimers, Limitation of Liability, Controlling Law and Severability, and Confidentiality, all of which shall survive any such termination, regardless of whether our Agreement is terminated by you or by us.
If you do not agree to be bound by the Agreement formed by your accessing and/or using the App subjecting you to these Terms of Use, or do not intend and commit to abide by them, you may not continue to access the App or use or attempt to use the App. If you establish a Warcodes™ account and access and use the App, that will constitute and evidence your agreement to be legally bound by these Terms of Use as in effect from time to time.
All of the information provided to us by you and other users will be held and used by us in accordance with these Terms of Use and the terms of the Warcodes™ Privacy Policy, accessible here: warcodes.app/privacy
If at any time you are no longer willing to continue to be bound by these Terms of Use (including as subsequently modified), these Terms of Use nevertheless will continue to govern your access to and/or your use of the App up until that time, and once you are no longer willing to be bound by these Terms of Use you should notify us in writing and immediately terminate your account with us. Please note that under those circumstances, even if you or we fail to close your Warcodes™ account at that time, you may no longer use or otherwise access the App. Nevertheless, for so long as you continue accessing or using the App even after you have notified us that you are no longer willing to be bound by these Terms of Use, any such use by you will continue to be governed by these Terms of Use as then in effect.
We expressly reserve the right, at any time and from time to time, to modify, revise, eliminate, replace and/or supplement these Terms of Use, or portions thereof, in our discretion or as may be required by applicable law. Once so changed, these Terms of Use as revised will then apply to all further interactions between you and us, your access to and/or use of the App. We will provide notice of any such updates, changes or revisions to these Terms of Use by posting them separately, or by posting an updated version of these Terms of Use on this website, with an updated date indicating the latest revision of these Terms of Use. Each time that we make such revisions, your continued use thereafter of the App will constitute your express acknowledgment and your consent to continue to be bound by these Terms of Use as changed or updated. You should review these Terms of Use from time to time to ensure that you are familiar with the most current version as you use this website, the App and/or any of the features that we offer. If we make material changes to these Terms of Use, we will notify you by an in-App alert or by email before the changes become effective, unless the implementation is in response to a change in applicable law of regulation or a security vulnerability where an immediate change is required or otherwise warranted.
In order to establish your Warcodes™ account and have access to use the App, you will need to log-in using one of Google Login, Apple Login or a combination of an email address and password. Accounts are intended only for persons above the age of 13. Once your login is achieved, your account is private to you and your responsibility to secure from others. By establishing an account with us, you agree that we are entitled to monitor your password (if applicable) and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require you to change your password and, if you fail or refuse to do so, we may terminate your account.
Using your account for the purpose of accessing the App or certain other functionalities of the App will require that you login to the App through Google, Apple or by using your username and password. You are required to secure and control access to your username and password, and you alone are responsible for any theft, misappropriation or misuse of your login information used to access your account and through your account, to access the App. Whether or not a violation of these Terms of Use is committed by you or by someone else who may have accessed the App using your account or login credentials, your account may be terminated, and you will be responsible for any other claims or damages occasioned by such actions, even if you were not the person directly responsible.
In the event that you violate these Terms of Use, your Warcodes™ account will be suspended or terminated in our sole discretion. In any such event, we shall not be liable to the you or anyone else on account of any such suspension or termination.
Subject to these Terms of Use, we grant to individuals over the age of 13 who establish and maintain an account with us, and to parents or legal guardians of minors on whose behalf the parent or legal guardian establishes and maintains an account with us, a limited, nonexclusive, nontransferable, non-sublicensable, terminable license to use the App for their own purposes and not for the purpose of competing with Warcodes™, for any anticompetitive purposes, or for any other purpose or activity that violates applicable law or these Terms of Use. Without limiting such prohibitions, users of the App may not use the App to advertise any products or services, or to disseminate any discriminatory, obscene, religious, political or other communications espousing or promoting any particular political, religious or social agenda, and all use of the App must always be in strict accordance with these Terms of Use. Any and all rights not expressly granted to users of the App by these Terms of Use are expressly reserved by us.
If we suspect or determine that a user of the App is using or has made one or more attempts to use the App in violation of these Terms of Use (as the same may be modified from time to time), we may immediately and without prior notice to you suspend or terminate your account. Under such circumstances, we also may seek to obtain against you equitable relief, such as an injunction, to prevent threatened or actual violations, as well as monetary damages to compensate Warcodes™ for any direct or indirect damages that your actions may have caused. In the event that we prevail in any such action against you, you also shall be responsible for reimbursing us for the reasonable legal fees and related costs incurred by us in securing such judicial relief, if and to the extent permitted by applicable law.
In our sole discretion, we may elect to modify, alter, suspend or discontinue offering any of the features currently available through the App, in whole or in part, at any time and with or without prior notice. In the event that we make any such changes or modifications, or suspend or discontinue all or certain features of the App and/or the modify its availability, you acknowledge and agree that we shall not be liable to you, any other account holder or to any third party on account thereof.
At any time and for any reason or for no reason, we may close your Warcodes™ account and terminate your access to the App. If your account is closed, whether by you or by us, you will no longer be permitted to use the App, but certain provisions of these Terms of Use including, but not limited to, our right to continue using any Content (as defined below) that you may have submitted to or posted on the App, and the disclaimers and limitations of liability and indemnification, will nevertheless continue in full force and effect.
The App may include in-App advertisements and links to other sites on the internet that are owned or operated by third parties. If you choose to access or visit such third-party site(s), you should carefully review and agree to their separate terms of use and privacy policy before using them or accessing any information or services that may be offered on, by or through them. Warcodes™ makes no representations or warranties about the content, usefulness, accuracy or reliability of any content or services offered by or through any such third party sites(s), and we are not and will not be responsible for the availability of, the material created or published by, or your experience with, any such site(s). If you elect to access or use any of such third party sites, you do so at your own risk. Any link provided on or through the App to a third party site or another app is offered as a convenience to users of the App, but does not mean that we have evaluated or endorsed the site, the other app or the products or services offered, described or referenced in such third party site(s) or app(s), nor any opinions or recommendations made by others. You should be aware that linked websites and apps, if any, may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the App. We are not responsible for any such provisions, and expressly disclaims any and all liability related to such provisions or their application to anyone who accesses any website or other app via a link or advertisement provided on the App.
Because the availability of the App is entirely dependent upon the continuing and uninterrupted availability of the internet and cellular networks, network services and telecommunications not under our control, from time to time there could be interruptions or delays in your access to the App for reasons completely or primarily outside of our control. Accordingly, we are not and will not be responsible for any such interruptions, delays or failures for those reasons or for any other reasons, whether similar or dissimilar, outside of our control.
All users of the App, whether or not they have established an account with us, are prohibited from using or attempting to use the App:
For purposes of these Terms of Use, any statement, review, opinion, rating, question, answer, explanation, or comment, and/or any photographic or other imagery submitted to us by you or any other user of the App in connection with the App (including on message boards and in chat rooms or on any Warcodes™ website) is referred to as "Content." While we encourage App users to engage with other App users by posting relevant Content, but only if such Content fully complies with these Terms of Use.
Only registered account holders (above the age of majority) are permitted to post Content and an account holder needs to be logged into his, her or their Warcodes™ account in order to submit any Content. The following terms and conditions govern what constitutes permitted Content and our rights to use, not to use, to edit, modify or take down any such Content submitted by account holders.
From time to time we may make or revise further rules pertaining to submitted Content which, once included in an updated version of these Terms of Use and/or posted on the App, will modify these Terms of Use and be binding thereafter upon anyone accessing or using the App including, without limitation, all account holders.
THE APP IS PROVIDED FOR USE BY REGISTERED ACCOUNT HOLDERS SOLELY ON AN "AS-IS" AND "WHEN AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO WARANTIES OF TITLE AND NON-INFRINGEMENT AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.
WE ARE NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CRIMINAL, TORTIOUS OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE APP. IN NO EVENT WILL WE OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF ANY ACCOUNT HOLDERS.
From time to time we also may, in our sole discretion, and without any obligation and without any advance notice requirement, change, improve, supplement or correct any information, features or functions of the App, and may suspend and/or deny access to the App for scheduled or unscheduled maintenance, upgrades, improvements, debugging, corrections or security enhancements. Any dated information is published as of its date only, and we hereby disclaim any obligation or responsibility to update or amend any such information.
By using the App, you agree and acknowledges that you are doing so entirely at your own risk.
BY USING THE APP, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COZY ORCHARDS, LLC, AND ITS MEMBERS, MANAGERS, OFFICERS, AFFILIATES AND AGENTS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THE APP, AND FOR THE CONSEQUENCES OF ANY DISPUTE BETWEEN YOU AND ANY OTHER ACCOUNT HOLDER OR THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES TO YOUR OR ANYONE ELSE'S PERSON, REPUTATION OR STANDING, THEFT OF OR DAMAGE TO ANY PROPERTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, QUASI-CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE). COZY ORCHARDS, LLC, HEREBY DISCLAIMS ALL AND ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES AGAINST INFRINGEMENT AND ALL IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ANY EVENT AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF COZY ORCHARDS, LLC AND ITS AFFILIATES AND AGENTS FOR ALL DAMAGES OF EVERY KIND AND NATURE SUFFERED OR INCURRED BY A USER OF THE APP SHALL BE LIMITED TO FIVE HUNDRED UNITED STATES DOLLARS (US$500.00). THE FOREGOING LIMITATION OF LIABILITY SETS A MAXIMUM AMOUNT OF DAMAGES THAT YOU MAY BE ENTITLED TO RECOVER IF YOU PREVAIL IN AN ARBITRATION AGAINST US AND/OR ANY OF OUR AFFILIATES, AND IS NEITHER INTENDED NOR SHOULD IT BE CONSTRUED SO AS TO ESTABLISH AN AMOUNT OF LIQUIDATED DAMAGES TO WHICH YOU MIGHT BE ENTITLED. BY ESTABLISHING AN ACCOUNT WITH US FOR USE OF THE APP, YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT WITHOUT WHICH WE WOULD NOT PROVIDE THE APP TO YOU AND OTHERS, AND IS INTENDED TO APPLY EVEN IF IT IS DETERMINED THAT SUCH REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR DAMAGES ARISING FROM OR RELATING TO THE TRANSMISSION OF ANY VIRUSES THAT MIGHT INFECT YOUR DEVICE, ANY FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, OR OTHER INTERCONNECTION PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER OR CELLULAR DATA PROVIDER), UNAUTHORIZED ACCESS, THEFT OR OPERATOR ERRORS.
PLEASE NOTE:
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN CONTRACTS OR AGREEMENTS SUCH AS THESE TERMS OF USE, SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU IN THE JURISDICTION IN WHICH YOU RESIDE.
By accessing and/or using the App, you acknowledge and agree that the text, images, graphics and other materials contained on the App, the features made available on the App, and the "look and feel" of the App, are owned by or licensed to us and are, in either event, protected by copyright, trademark, trade dress and other proprietary rights and legal protections governing intellectual property rights. You agree that you will not use such proprietary materials or any of such rights in any way whatsoever except for permitted use of the App in strict accordance with these Terms of Use. Without limiting the notice and prohibitions in the preceding sentences, you agree not to collect data or other content from the App for the purpose of creating a collection, compilation, database, or directory without our prior written consent in each instance. All rights not expressly granted to account holders herein are expressly reserved by Cozy Orchard, LLC.
If you access or copy of any of the information, content or images from the App, it will not create any license rights nor transfer any right of ownership to you with respect to such information, content or images, and your access or copying of such materials is permitted solely for the limited purpose contemplated by, and otherwise in accordance with, these Terms of Use. You may not mirror or archive any part of the App (nor any material contained on the App) on any server, mobile device, tablet or computer without our prior written consent in each instance. Except as expressly stated herein, none of the content of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, whether currently in existence or hereafter created.
The trademarks, logos and service marks of Cozy Orchards, LLC including, without limitation, "Warcodes™" ("Marks"), displayed on the App are the property of Cozy Orchards, LLC, its trademark licensors (if any), and other parties, whether or not registered. Your access to the App does not constitute and should not be construed as granting, by implication or otherwise, any license or right to use any of the Marks appearing on the App without our prior written consent in each instance, or the prior written consent of any third party owner thereof. We and any other party that provides Marks for use on the App retain all rights with respect to any of our or their respective Marks and any use thereof.
We respect the copyrights of others, and we expect and require account holders to respect our copyrights and the copyrights of any third party content providers (not Content submitted to us by users of the App, which becomes the property of Cozy Orchards, LLC, upon such submission).
If, at any time, you believe that your copyrighted work is being infringed by the App or by any user-posted Content, please notify our copyright agent specified below.
E-mail may be sent to: support@warcodes.app
Regular mail may be sent to:
Cozy Orchards, LLC
Attn: Copyright Officer
759 Louise Drive
Springfield, PA 19064-1525
When notifying us of any alleged copyright infringement, please send us written notice clearly providing or setting forth all of the matters spelled out in 17 U.S.C. §512(c), as follows:
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
These Terms of Use have been devised to ensure the orderly and continued operation of the App for account holders, while simultaneously protecting the rights of Cozy Orchards, LLC, its members, managers, officers, agents, affiliates, and any third party service or content providers.
In the event that you breach these Terms of Use by interfering with the orderly operation of the App, by attempting (whether through the use of a "jail broke" or "rooted" device or through other means) to access for any purpose any non-public portion of the App or the software running the App, by undermining the integrity or reliability of any Content posted on the App, or by causing harm, disruption or annoyance to others in breach of the prohibitions governing your use of the App and/or the posting of Content, Cozy Orchards, LLC will be damaged and we will hold you fully liable for the consequences of your conduct.
In the event of any actual or threatened breach of these Terms of Use by you, you agree that we may seek to secure injunctive or other equitable relief against you, in addition to such compensatory damages as may be available under the circumstances in a court of competent jurisdiction. You agree and acknowledge that your breach of these Terms of Use might cause us or the App irreparable harm for which monetary damages alone could be an inadequate remedy. Accordingly, you also agree that in any such event, we shall be entitled to seek injunctive and other equitable relief against you, in addition to monetary damages if available, without the need to post bond or other security in our application or applications therefor, and without the need to plead specific damages. In the event that we prevail in any effort to secure injunctive or other relief against you, in addition to such monetary damages as may be awarded to us, you will be responsible for our reasonable attorneys' fees and related costs and disbursements incurred in securing such relief. Except for claims made by us against you seeking injunctive relief and/or damages, you agree that all other claims, controversies and disputes arising under or in connection with these Terms of Use or your use or attempted use of the App will be resolved exclusively through arbitration as set forth below.
Except to the limited extent set forth above concerning breaches of these Terms of Use by you resulting in our filing litigation against you seeking an injunction, other equitable relief and/or monetary damages, all disputes, controversies or claims arising out of or relating to these Terms of Use, the App or any other matter relating to the relationship between you and us (except for those, if any, constituting a compulsory counterclaim under applicable civil procedure or court rules in any action initiated by or on behalf of us where the failure to assert such a compulsory counterclaim would deprive you as the defendant in such action the right to assert such claim in a separate proceeding), including the question of the arbitrability of any such dispute, shall be referred to and finally determined by arbitration in accordance with the Streamlined Arbitration Rules of Judicial Arbitration and Mediation Services ("JAMS"). Any such arbitration shall be administered by JAMS and shall take place before a single arbitrator appointed for such purpose by JAMS. Such arbitration shall be conducted in Philadelphia, Pennsylvania, and the arbitrator shall issue a decision and award in writing setting forth his or her reasons therefor. Judgment upon the arbitral award may be entered in any court having jurisdiction.
Our mutual agreement to select arbitration as the exclusive means of resolving claims against one another shall apply to and require arbitration of all disputes, controversies and claims (other than as set forth above governing claims by Cozy Orchards, LLC, against you for damages and/or equitable relief), regardless of whether such disputes, controversies, or claims involve a single person or entity, more than one person or entity, or a class or classes of individuals or entities, or mixed classes. By using the App and thus agreeing to be bound by these Terms of Use, you are waiving any right to assert or seek to assert claims in a court of law and waiving the right to a trial before a jury, as well as the right to seek to form or participate in any so-called "class actions" or class arbitrations against us, any of our employees, managers, members, affiliates, third party providers and/or any of their respective successors or assigns.
Please note that any claim or cause of action you may have with respect to your use of the App, or arising under these Terms of Use or our Privacy Policy (unless applicable law prohibits a shortening of the statute of limitations in this instance) must be commenced within one (1) year after the claim or cause of action arises by the initiation of arbitration proceedings before the JAMS arbitrator as described above, or such claim will be time-barred.
Notices intended for the attention of all (or certain groups of) our account holders generally will be provided by our posting such notices on the App. In addition, if any notice is specific to one or more account holders, we may send notices to such account holder(s) by email to the e-mail addresses that they have provided to us or by informational text (SMS) messages to the cellular phone numbers that they may have provided to us.
If you want to send any notice to us, you must do so in writing and send it by prepaid first class mail or overnight courier to the following address:
Cozy Orchards, LLC
Attn: Customer Service
759 Louise Drive
Springfield, PA 19064-1525
Notices delivered to you via e-mail or text messages shall be deemed received when WTG has confirmation that the e-mail or text was sent and delivered. Notices sent by you to WTG shall be deemed received when actual delivery is made via courier (as evidenced by such courier's receipt) or three (3) days after having been deposited in the U.S. mails, properly addressed and postage prepaid. The failure or refusal of a party to accept or acknowledge any notice otherwise properly given hereunder shall not affect the validity thereof.
These Terms of Use, and your access to and use of the App, are governed by the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania's conflict of laws principles or any other doctrine that could result in the application of another jurisdiction's law to interpret these Terms of Use or the parties' respective rights and obligations hereunder. By accessing or using the App, you agree and acknowledge that the substantive laws of the Commonwealth of Pennsylvania shall apply regardless of the choice of law provisions of the State in which you reside or, if different, the laws of the State in which you may have been located when the events giving rise to a dispute occurred.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, fees, commissions, complaints, or other inquiries about the App should be addressed to us, via certified mail, to:
Cozy Orchards, LLC
Attn: Customer Service/California
759 Louise Drive
Springfield, PA 19064-1525
In addition, California users are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:
Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
or by telephone at (800) 952-5210.
Hearing impaired persons may call TDD (800) 326-2297.
If any court (in an action brought by us) or an arbitrator (in any action initiated by you) determines that any provision of these Terms of Use is unlawful, unenforceable or invalid as written, that provision shall be deleted or, if such court or arbitrator deems such provision susceptible of reformation to make it valid and enforceable, such provision shall be so modified and then enforced as modified. Whether a provision found to be unlawful, unenforceable or invalid as written is deleted or is reformed through modification, all of the remaining terms and conditions of these Terms of Use shall remain in full force and effect and be fully enforceable as written.
Subject to: (a) future revisions or updates that we make to these Terms of Use, (b) the specific terms of any account registration forms, and/or (c) our Privacy Policy, these Terms of Use set forth and represent the entire agreement between Cozy Orchards, LL, on the one hand, and its account holders and others who may download the App on the other, with respect to the App and use of the App, and all of the other matters addressed herein. By accessing and using the App, and whether or not you register an account with us, you are acknowledging and agreeing that no other terms have been negotiated between you and us, and no other terms exist with respect to the matters addressed herein. Furthermore, you acknowledge and agree that you are not relying on any other or further commitment, obligation or undertaking of Cozy Orchards, LLC, or any other party not expressly set forth in these Terms of Use, our Privacy Policy, or your account registration. This Agreement shall remain in full force and effect until revised by us and posted on the App as an updated version of these Terms of Use.
No delay or failure on our part to enforce any of these Terms of Use shall constitute a waiver thereof by Cozy Orchards, LLC, unless the same has been put into writing making reference to these Terms of Use, setting forth the terms of provisions as to which the waiver applies, and being duly signed on behalf of Cozy Orchards, LLC, by a Manager or Officer thereof. Any waiver granted applies only to the specific instance for which it has been granted, and is not intended to apply as a continuing waiver or a waiver of any other breach by you of these Terms of Use, whether preceding or subsequent to the breach for which the waiver was granted.
If you have any comments or questions regarding these Terms of Use, or wish to report any violation or suspected violation of these Terms of Use, please contact us at support@warcodes.app. We will try to respond promptly and address any issue to the best of our abilities.
Cozy Orchards, LLC
All rights reserved.