Speedway LLC ("Speedway") owns and operates the Internet site located at MadeFreshNow.com and blog and discussion boards on MadeFreshNow.com (collectively, the "Site"), located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions ("Terms and Conditions"), you consent to receive required notices (if any) and you attest that you are at least 18 years of age. This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
In the event you browse, access or use another site hosted by Speedway, its affiliates or other third parties, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
While we make reasonable efforts to provide accurate and timely information about Speedway Corporation on this Site, you should not assume that the information is always up to date or that this Site contains all the relevant information available about SpeedyCafé.
This Site is for a general audience that is not designed nor intended to collect personal information from children under the age of 18. SpeedyCafé does not knowingly collect personal information from anyone under the age of 18. We ask that parents supervise their children while online.
The materials and information on this Site may include technical inaccuracies or typographical errors. The materials, information and services on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, SpeedyCafé provides this Site on the basis that SpeedyCafé excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these Terms and Conditions might have effect in relation to the Site. SpeedyCafé may make changes or improvements at any time without notice.
Acceptable Use Policy
You may only use this Site solely for its intended purpose and only in accordance with the Terms and Conditions set forth herein. Your use of the materials included on this Site is for personal, informational and shopping purposes only.
The materials published by SpeedyCafé on this Site, and any other website owned, operated, licensed or controlled by Speedway or any of its related, affiliated or subsidiary companies (collectively, the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by Speedway or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. All of the Materials available on this Site are proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend and hold harmless SpeedyCafé for any and all unauthorized uses you may make of the Materials or any other material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to SpeedyCafé and that in the event of an unauthorized use, SpeedyCafé shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Subject to these Terms and Conditions, SpeedyCafé hereby grants you a limited license to use the Materials, features and services provided by SpeedyCafé on this Site, solely in connection with the Site and solely for your personal, non-commercial use, to post any idea or comment or other material to Site, including without limitation, content in the form of photographs, graphics, videos and remarks, and to post community service program or volunteer information, any Idea (as defined below), comment or other material (collectively, "Submission") subject to these Terms and Conditions.
Restrictions on Use
Unless specifically requested by SpeedyCafé to create a SpeedyCafé account, register a SpeedyCafé Card or establish automatic reload of a SpeedyCafé Card, you are prohibited from transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters ("Sensitive Personal Information").
You are also prohibited: (i) from using the Site to send or post harassing, abusive or threatening messages; (ii) from transmitting through the Site any information, data, text, files, links, software or other materials that SpeedyCafé considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information or the origin of any content or services; (iv) from disrupting the normal flow of the Site, including, without limitation, any dialogue on the Site or otherwise act in a manner that negatively affects other participants or is deemed inappropriate by SpeedyCafé; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials or any other forms of solicitation or commercial content; (vi) from intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) from posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs or any other form of computer programming; (viii) from posting Submissions or using the Site in such a way that damages the image or rights of SpeedyCafé, other users or third parties; and (ix) from creating any frames at any other web sites pertaining to any portions of this Site.
If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions.
Conduct on the Site
License to User Submissions
Any Submission you make to SpeedyCafé and this Site is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to SpeedyCafé and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license, without any need for accounting, in and to your Submission and anything contained therein, and its use by SpeedyCafé in accordance with these Terms and Conditions without restrictions of any kind and without (i) any payment or other consideration of any kind, or (ii) permission or notification to you or any third party. This license shall include, without limitation, the right to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Submission (in whole or in part), and anything contained therein, including any and all rights therein, in the name of SpeedyCafé or its designees throughout the universe in perpetuity in any manner and in any or all media now or hereafter known. SpeedyCafé is also granted under said license the following rights, without limitation:
- the right to use or reproduce in any media for any purpose;
- the right to transfer, which includes the distribution via computer and networks;
- the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part for any purpose;
- the right to update/upgrade by adding or removing; and
Submission of Ideas
The submission of your Idea to SpeedyCafé is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to SpeedyCafé and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other materials you submit (collectively, "Idea") to SpeedyCafé without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of SpeedyCafé or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that SpeedyCafé may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for SpeedyCafé review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as SpeedyCafé otherwise agrees in writing:
- To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to SpeedyCafé and in doing so or SpeedyCafé review and/or use of the Idea, will not infringe upon any other individual’s or entity’s whose rights.
- You understand that disclosure of your Idea to SpeedyCafé does not establish a confidential relationship or obligate SpeedyCafé to treat the Idea (or any related materials) as secret or confidential.
- You understand that SpeedyCafé has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that SpeedyCafé assumes no obligation with respect to any Idea unless and until SpeedyCafé enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
- If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to SpeedyCafé. To the extent you hold a patent in the Idea, SpeedyCafé acknowledges that no license under any patent is herein granted to SpeedyCafé. Any license to use a patented Idea shall be in the form of a written contract, in which event SpeedyCafé obligations shall be only those expressed in such contract.
- SpeedyCafé will give your Idea such consideration as is warranted by its sole judgment. SpeedyCafé review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. SpeedyCafé is not obligated to give reasons for rejecting your Idea or to reveal SpeedyCafé activities that are related to the subject matter of the submitted Idea.
- Neither the discussion or negotiations between SpeedyCafé and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice SpeedyCafé in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, SpeedyCafé consideration or its discussions or negotiations with you will not in any way impair SpeedyCafé right to contest the validity or infringement of your rights.
- You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to SpeedyCafé is entirely voluntary, and (c) SpeedyCafé, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
- You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and SpeedyCafé, you hereby irrevocably release and forever discharge SpeedyCafé and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against SpeedyCafé and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how SpeedyCafé and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
Due to the volume of responses, it may not be possible for SpeedyCafé to respond to or publish every Submission made to the Site. By making a Submission to the Site, you hereby represent and warrant that: (i) you either own or control all of the rights to the Submission or anything contained therein; (ii) you have obtained permission from the owner or appropriate rights holder of all content in the Submission to use such content and submit it as part of Submission, including without limitation the Submission’s use in accordance with these Terms and Conditions; (iii) you have received all necessary permissions from any person mentioned, identified or depicted in the Submission to submit such information to the Site in accordance with these Terms and Conditions; and (iv) your Submission and anything contained therein will not otherwise infringe any intellectual property or other right(s) of a third party.
You are responsible for the content of the Submission and agree (at SpeedyCafé option and at your sole expense) to defend, indemnify and hold SpeedyCafé harmless from any and all actions, causes of actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including attorneys’ fees, which SpeedyCafé may incur as a result of, use of or are related to your Submission and anything contained therein in accordance with these Terms and Conditions.
You agree that, except to the extent that these Terms and Conditions are superseded by a separate agreement in writing by you and SpeedyCafé, you hereby irrevocably release and forever discharge SpeedyCafé and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against SpeedyCafé and its affiliates and subsidiaries or their respecting successors and assigns with respect to your Submission and anything contained therein, including without limitation in respect of how SpeedyCafé and its affiliates and subsidiaries, directly or indirectly, use the Submission and anything contained therein.
Some links on the Site will allow you to connect with sites that are not under our control. SpeedyCafé is providing these links only as a convenience. The appearance of a link does not imply SpeedyCafé endorsement, nor is SpeedyCafé responsible for the contents of any linked site. You access them at your own risk.
Limitation on Liability
To the maximum extent permitted by applicable law, SpeedyCafé, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of SpeedyCafé exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort [including without limitation negligence], contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from use of resources presented on this Site, any websites linked to the Site, or the material on such websites, or use of any submission, including but not limited to loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, browsing the site or downloading any material from the Site or any website linked to the Site.
Nothing in these Terms and Conditions shall exclude or limit SpeedyCafé liability for (i) fraud, willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.
Copyright and Trademark Information
Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by SpeedyCafé and/or its subsidiaries and affiliates or by other parties that have licensed their material to SpeedyCafé.
SpeedyCafé and the SpeedyCafé logo are registered trademarks of SpeedyCafé. All other SpeedyCafé trademarks, service marks, domain names, logos, company names and indicia of origin referred to on this Site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of SpeedyCafé or its affiliates or licensors. In countries where any of the SpeedyCafé trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, SpeedyCafé claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of SpeedyCafé or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact SpeedyCafé by sending an e-mail to Customer Care, or writing to SpeedyCafé at 2401 Utah Ave. S, Seattle, WA 98134 USA, to request written permission to use trademarks, indicia of origin and materials on this Site for purposes other than stated in these Terms and Conditions or for all other questions relating to this Site.
All rights not expressly granted are reserved.
Digital Millennium Copyright Act ("DMCA") Notice
In operating the Site, SpeedyCafé may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that SpeedyCafé does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. SpeedyCafé has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. SpeedyCafé has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of SpeedyCafé or of a third party, or that has otherwise violated any intellectual property laws or regulations or these Terms and Conditions. If you believe any material available via the Site infringes a copyright, you should notify SpeedyCafé using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). SpeedyCafé will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. SpeedyCafé designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Site that you claim is infringing, with enough detail so that SpeedyCafé may locate it on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number and email address; and
- Your physical or electronic signature.
SpeedyCafé may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Modifications to Terms and Conditions
SpeedyCafé can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated except where other notices or consent is required by law. These Terms and Conditions were last revised on August 30, 2010.
Jurisdiction and Compliance with Laws
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of. Any legal action or proceeding relating to your access to, or use of, the site or these terms and conditions shall be instituted only in a state or federal court located in the state of Washington. You and SpeedyCafé agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
- Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities.
- Save as provided in these Terms and Conditions, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms and Conditions (a "Misrepresentation") and SpeedyCafé shall have no liability to you other than pursuant to these express Terms and Conditions.
- Any amendment and waiver of these Terms and Conditions must be made in writing and signed by SpeedyCafé.
- You may not transfer, in any way, any of your rights or obligations under these Terms and Conditions without our prior written consent.
- All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in this Site.