Partner Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Foodini App Inc ("Company", "we", "us", "our", "Provider"), concerning your access to and use of the https://www.foodini.co website, the Foodini app, the Foodini webapp, APIs, and the related services we make available through such website and the allergy / dietary needs information management tool and customer facing tool available in connection with the services (collectively, the "Services"). You agree that by accessing and/or using the Services you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.

Supplemental terms and conditions or documents that may be posted in connection with the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use, from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and may send you an email to the email address we have on file alerting you to the revised Terms of Use. If a change materially and adversely affects your rights, the change will take effect at the start of your next renewal term, and you may terminate the Services without penalty by notifying us before the change takes effect. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.

Order of Precedence. If you and we have entered into a separately executed agreement or order form covering the Services (an "Order Form"), that Order Form governs and controls to the extent of any conflict with these Partner Terms of Use, and these Partner Terms of Use apply only to the extent not addressed in the Order Form.

The information provided via the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, APIs, functionality, software, websites designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Foodini Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Foodini Content and the Marks are provided in connection with the Services "AS IS" for your information and internal business use. Except as expressly provided in these Terms of Use, no part of the Services and no Foodini Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable license to access and use the Services and to download or print a copy of any portion of the Foodini Content to which you have properly gained access solely for your internal business purposes during your subscription term. We reserve all rights not expressly granted to you in and to the Services, the Foodini Content and the Marks.

The content, data, and information that you or your users submit to your account on the Services ("Customer Data") remains yours as between you and us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, use, copy, and process Customer Data solely to provide, maintain, secure, and improve the Services. You also grant us a perpetual, irrevocable license to create and use de-identified and aggregated data derived from Customer Data for any lawful business purpose, provided that such data does not identify you, your users, or any individual. You are solely responsible for the accuracy and legality of, and the means by which you acquire, Customer Data.

Suggestions and Feedback: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Use of Intellectual Property: By using the Services, you agree that Foodini, with your prior written consent (such consent not to be unreasonably withheld for a factual reference identifying you as a customer), may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, in presentations, marketing materials, customer lists, financial reports and web site listings for the purpose of advertising, promoting or publicizing Foodini and/or the Services.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information, menu information, ingredient and allergen information, you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration and menu information as necessary (or alternatively notify us promptly of any changes so that we can make them on your behalf); (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation; and (7) any content, data, or materials you or your users submit do not and will not infringe the intellectual property, privacy, or publicity rights of any third party.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

PAYMENT OF FEES AND USER REGISTRATION

You will be required to create an account in order to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Except as otherwise set out in your Order Form (which controls for invoiced or enterprise subscriptions): BY SIGNING UP, YOU ACKNOWLEDGE THAT YOUR PAYMENT METHOD WILL BE CHARGED THE PRICE SHOWN AND/OR MUTUALLY AGREED UPON FOR THE SUBSCRIPTION PLAN YOU HAVE SELECTED, INCLUDING ANY ADDITIONAL AGREED UPON FEES, AND ANY APPLICABLE TAXES, AND YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD THAT AMOUNT. THAT PAYMENT METHOD WILL BE CHARGED THE SAME AMOUNT (UNLESS WE NOTIFY YOU OF A PRICE INCREASE OR YOU MODIFY YOUR SUBSCRIPTIONS/SUBSCRIPTION LEVEL) AND YOU AUTHORIZE US TO CHARGE SUCH AMOUNT EACH MONTH/YEAR THEREAFTER UNTIL YOU CANCEL. THERE WILL BE NO REFUND UPON CANCELLATION; HOWEVER, YOU WILL RETAIN ACCESS TO THE SERVICE UNTIL THE END OF THE THEN CURRENTLY MONTHLY/YEARLY PERIOD.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

1. Use the Services in a manner inconsistent with any applicable laws or regulations.
2. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
3. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
4. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
5. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
6. Delete the copyright or other proprietary rights notice from any Content.
7. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
9. Use the Services as part of any effort to compete with us.
10. Sell or otherwise transfer your profile.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Engage in unauthorized framing of or linking to the Services.
13. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
14. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
15. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content or materials that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone's intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our agent for notice of claims of infringement:

Attn: Dylan McDonnell, DMCA Agent
CC: info@getfoodini.com
Email: dylan@getfoodini.com

To be sure the matter is handled immediately, your written notice must:

1. Contain your physical or electronic signature;
2. Identify the copyrighted work or other intellectual property alleged to have been infringed;
3. Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
4. Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
5. Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
6. Contain a statement that the information in the written notice is accurate; and
7. Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services which is incorporated into these Terms of Use. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

CONFIDENTIALITY

Each party (the "Receiving Party") may receive non-public information of the other party (the "Disclosing Party"), including Customer Data and business, technical, product, and pricing information ("Confidential Information"). The Receiving Party will use Confidential Information only to exercise its rights and perform its obligations under these Partner Terms of Use, will protect it using at least reasonable care, and will not disclose it except to its personnel, affiliates, and advisors who need to know and are bound by confidentiality obligations at least as protective as these. These obligations do not apply to information that is or becomes public through no fault of the Receiving Party, was rightfully known without obligation of confidence, is independently developed, or is rightfully received from a third party, and do not prevent disclosure required by law or legal process, provided the Receiving Party gives reasonable advance notice where legally permitted.

DATA PROCESSING AND SECURITY

Security. We will maintain administrative, technical, and organizational safeguards designed to protect the security, confidentiality, and integrity of Customer Data, including measures such as encryption of Customer Data in transit and at rest, access controls, and regular review and testing of those safeguards. These measures will be at least consistent with generally accepted industry standards and applicable law. On reasonable request, we will provide a summary of our then-current security practices and, where available, applicable third-party audit reports or certifications.

Roles and processing. As between the parties, you remain the controller (or business) with respect to any personal data contained in Customer Data, and we act as your processor (or service provider). We will process such personal data only to provide, secure, maintain, and improve the Services, in accordance with your reasonable documented instructions and this agreement, and we will not retain, use, sell, share, or disclose it for any purpose other than providing the Services or as permitted by applicable law. We may engage subprocessors to support the Services, provided we impose data-protection obligations on them at least as protective as those in this section and remain responsible for their performance. Nothing in this section limits our right to create and use de-identified and aggregated data as described in Section 1, which does not identify you, your users, or any individual and is not personal data.

Security incidents. We will notify you without undue delay after becoming aware of a confirmed breach of security leading to the unauthorized access to, or unlawful disclosure or loss of, Customer Data in our control, will provide information reasonably available to us, and will cooperate in good faith in your response.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Services. Either party may terminate these Terms of Use or any applicable Order Form for material breach by the other party that remains uncured 30 days after written notice describing the breach. Either party may terminate for convenience effective at the end of the then-current subscription term by giving notice before that term renews. We may suspend your access to the Services without advance notice only to the extent reasonably necessary to prevent material harm to the Services, to other customers, or to any person, or to address a security risk or violation of law, and we will restore access promptly once the cause is resolved. On termination, we will, on your written request made within 30 days, make Customer Data available to you for export, after which we may delete it in the ordinary course.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

GOVERNING LAW

This Agreement is governed by and will be construed under the laws of the State of Delaware, excluding its body of law controlling conflict of laws. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that any judicial proceeding will be brought in the courts located in the State of Delaware.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Services (a "Dispute") that the parties cannot resolve through good-faith negotiation will be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in English before a single arbitrator and seated in Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Before initiating arbitration, the party raising a Dispute will give the other party written notice describing the Dispute and the relief sought, and the parties will negotiate in good faith for at least 30 days. Each party will bear its own attorneys' and expert fees and an equal share of the arbitrator's and AAA administrative fees, except that the arbitrator may award the prevailing party its reasonable attorneys' fees and costs to the extent permitted by applicable law.

Class Action Waiver. Disputes will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, representative, or private attorney-general proceeding. The arbitrator may not consolidate the claims of more than one party. If this class action waiver is found unenforceable, the entirety of this arbitration provision will be null and void as to the affected Dispute.

Equitable Relief. Notwithstanding this provision, either party may bring an action in a court of competent jurisdiction seeking injunctive or other equitable relief to protect its intellectual property or Confidential Information pending resolution of the Dispute.

This provision survives termination of these Terms of Use.

DISCLAIMER

THE SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSERVICES, OR ANY WEBSERVICES OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NUTRITIONAL INFORMATION

Any nutrition or allergen data contained within the Software, labels or Services or otherwise made available by Provider, comes from the national analysis done by the U.S.D.A. National Nutrient Database for Standard Reference and various other sources. Values for individual ingredients may be higher or lower than those shown in the Software, labels or Services or otherwise made available by Provider due to natural variation, grade, how well the product is trimmed, cooking method and degree of doneness. All such nutritional and allergen information within the Software, labels or Services or otherwise made available by Provider contains approximate numbers only, and under no circumstances should it be considered reliable for making decisions about allergic reactions or dietary or medical needs. Information regarding nutrition and allergens may be incomplete, contain errors, or be sourced from unverified or unreliable sources. The nutritional and allergen information is obtained through a variety of calculations that make use of or contain, but are not limited to, the following: data from product information materials or packages, data contributed by Customer, data found online, data obtained from product manufacturers, known physical constants and unit conversions, assumptions about standard measurement sizes, rounding errors, truncation errors and data-type conversion errors. It is your responsibility to verify the accuracy of all nutrition and allergen information and to comply with the detailed requirements of the Food and Drugs Act and the regulations there under and with any other applicable laws and regulations relating to nutrition information or your use of the Software, labels or Services. Provider does not provide any representations regarding food preparation processes, cross contact risk or issues, food safety processes, or product ingredient changes made by manufacturers or suppliers, all of which can impact the accuracy of the information. ALTHOUGH PROVIDER STRIVES TO MAKE THE INFORMATION IT PROVIDES ACCURATE, PROVIDER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN THE SOFTWARE, LABELS OR SERVICES OR OTHERWISE PROVIDED BY PROVIDER, AND THERE CAN BE NO ASSURANCE THAT ANY OF THAT INFORMATION HAS NOT BEEN, OR WILL NOT BE, CHANGED OR ALTERED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS AND REGULATIONS REGARDING THE ADVERTISING AND DISCLOSURE OF NUTRITIONAL INFORMATION, INGREDIENTS AND ALLERGENS, AND FOR COMPLIANCE WITH LAWS AND REGULATIONS REGARDING FOOD SAFETY AND PRODUCT LIABILITY.

CUSTOMER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Our security and data-protection commitments for Customer Data are set out in Section 8 (Data Processing and Security).

Although we perform regular routine backups of data, you are responsible for maintaining your own copies of data you transmit to or generate through the Services. Except for our obligations under Section 8, and subject to the Limitation of Liability in Section 13, we will have no liability to you for loss or corruption of such data that is not caused by our breach of those obligations, and you waive any right of action against us for any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us via the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Neither party may assign these Terms of Use without the other party's prior written consent, except that either party may assign these Terms of Use without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Neither party will be responsible or liable for any loss, damage, delay, or failure to perform (other than payment obligations) caused by any cause beyond its reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please send us a message to info@getfoodini.com