Thank you for using our software products and services (“Software”). The Software is provided by FNBTech Inc. (“Foodager”) for both public use and private user registration. By using our Software, you are agreeing to the following terms. Please read them carefully.
Using our Software
You must follow any policies made available to you within the Software.
Do not misuse our Software. For example, do not interfere with our Software or try to access them in a method or manner other than the interface and instructions that we provide. You may use our Software as a tool, only as permitted by law, including applicable commerce, import, export and re-export control laws and regulations. We may suspend or stop providing our Software to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Software does not give you ownership of any intellectual property rights in our Software or any content you access. You may not use content from our Software unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos that are used in our Software. Do not remove, obscure, or alter any legal notices displayed in or along with our Software.
Our Software may display some content that is not Foodager’s. This content is the sole responsibility of the entity that makes it available on Foodager. We may review content to determine whether it is illegal or violates our policies, and may remove or refuse to display content that we believe violates our policies or the law. But that does not necessarily mean that we review all content, so please do not assume that we do.
In connection with your use of the Software, you will receive notification alerts, service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Software is available on mobile and tablet devices. Do not use such the Software in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Foodager Account
You will need a Foodager Account to access the Software. You may create your own Foodager Account, or a Foodager Account that may be authorized to you an administrator, such as your employer. If you are using a Foodager Account assigned to you, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Foodager Account, keep your password confidential. You are responsible for the activity that happens on or through your Foodager Account. Try not to reuse the password you use for your Foodager Account on other applications or websites. If you learn of any unauthorized use of your password or Foodager Account, immediately contact us at firstname.lastname@example.org.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Your Content in our Software
Foodager Software allows you to upload, input, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, input, submit, store, send or receive content to or from our Software, you give Foodager (along with our affiliates and partners) a worldwide license to use, host, store, reproduce, modify, analyze, communicate, publish, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Software, and to develop new features or offerings for both you and other Foodager Account holders. This license continues even if you stop or terminate your account with our Software (for example, an order that you placed to a Distributor). Some Software may offer you ways to access and remove or hide content that has been provided to that Software.
Our automated systems analyze your provided content (including orders, inventory and pricing) to provide you and your authorized Connections personally relevant product features, such as customized product recommendations and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Foodager Account, we may display your Profile name and actions you take on Foodager in our Software, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing to authorized Connections in your Foodager Account.
Modifying and Terminating our Services
We are constantly changing and improving our Software. We may add or remove functionalities or features, and we may suspend or stop a Software feature altogether.
You can stop using our Software at any time. We’ll be sorry to see you go. Foodager may also stop providing Services to you, or add or create new limits to our Software at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue Software, we will give you reasonable advance, when possible, notice and a chance to get information out of that Software.
Our Warranties and Disclaimers
We use a reasonable level of skill and care to provide Software to you. We use a variety of technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FOODAGER NOR ANY USERS OR PARTNERS MAKE ANY SPECIFIC PROMISES ABOUT THE SOFTWARE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS-IS”.
SPECIFICALLY, WE DO NOT VALIDATE FOODAGER ACCOUNT HOLDERS ON EITHER END OF CONNECTIONS OF COMMUNICATIONS. FOODAGER IS NOT RESPONSIBLE FOR VERIFYING WHETHER FOODAGER ACCOUNT HOLDERS HAVE LEGAL AND REGULATORY RIGHT IN EXCHANGE OF INFORMATION OR PRODUCT, AS INDICATED BY ORDERS PLACED ON THE SITE. IT IS THE RESPONSIBILITY OF THE ACCOUNT HOLDERS TO VERIFY THE ACCOUNTS WITH WHICH THEY WISH TO EXCHANGE INFORMATION OR ACCEPT (OR PLACE) ORDERS, INDICATED BY DIRECTLY CREATING A CONNECTION.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
FOODAGER WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FOODAGER FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SOFTWARE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SOFTWARE AGAIN).
IN ALL CASES, FOODAGER, AND ITS PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Software on behalf of a business, that business additionally accepts these terms. It will hold harmless and indemnify Foodager and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Foodager or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Software to, for example, reflect changes to the law or changes to our Software. We’ll post notice of modified additional terms in the applicable Software. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use.
These terms control the relationship between Foodager and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in California, USA, and you and Foodager consent to personal jurisdiction in those courts.
Foodager is made in the San Francisco Bay Area for leading chefs worldwide.