Please read these Terms carefully. If You do not accept the Terms stated here, do not use FOODFORCE.COM and its services. By using FOODFORCE.COM, You agree to be bound by these Terms, including the FoodForce Privacy Statement.
FoodForce, Inc. ("FoodForce") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing FoodFORCE.COM for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any FoodForce Site (as defined below).
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use FOODFORCE.COM in any manner. By visiting FOODFORCE.COM or accepting these Terms, You represent and warrant to FoodForce that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to FoodForce that You will use FOODFORCE.COM in a manner consistent with any and all applicable laws and regulations.
A. In order to access some features of Foodforce, you will have to create a Foodforce account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Foodforce immediately of any breach of security or unauthorized use of your account.
B. Although Foodforce will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Foodforce or others due to such unauthorized use.
C. Foodforce permits You, which includes all Visitors, Employers, Prospective Employees, and Advertisers, to participate in, use and/or obtain access to the Foodforce Products and Services in a variety of ways, explained in more detail below.
D. Visitors: If you visit any of the Foodforce sites, but fail to register, your access and rights to use the Foodforce services will be significantly limited. As a Visitor you are restricted from certain aspects of the Foodforce sites.
2. Use of FoodForce Content.
FoodForce authorizes You to view and access a single copy of the content available on or from FOODFORCE.COM solely for your personal use. The contents of FOODFORCE.COM, and of all other Web sites under FoodForce's control, whether partial or otherwise (FOODFORCE.COM and such other Web sites are sometimes collectively referred to as "FoodForce Sites") such as text, graphics, images, logos, button icons, software and other FoodForce content (collectively, "Force Content"), are protected under both United States and foreign copyright, trademark and other laws. All FoodForce Content is the property of FoodForce or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the FoodForce Sites is the exclusive property of FoodForce and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the FoodForce Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original FoodForce Content on any authorized copy You make of the FoodForce Content.
You agree not to sell or modify the FoodForce Content or reproduce, display, publicly perform, distribute, or otherwise use the FoodForce Content in any way for any public or commercial purpose, in connection with products or services that are not those of FOODFORCE.COM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FoodForce or its licensors, that dilutes the strength of FoodForce's or its licensor's property, or that otherwise infringes FoodForce's or its licensor's intellectual property rights. You further agree to in no other way misuse FoodForce Content that appears on this Site, other than those specifically permitted herein or by written agreement with Foodforce. Unless specifically permitted herein or in writing by FoodForce, the use of the FoodForce Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that FoodForce creates to generate or display any FoodForce Content or the pages making up any FoodForce Site is also protected by FoodForce's copyright and you may not copy or adapt such code.
(2)(i) Foodforce's Ownership Rights. Foodforce and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the Foodforce Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the Foodforce Products and Services. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in the Foodforce Products or Services other than a limited right to use the Products or Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Foodforce Products, the Foodforce Partner Program or related products and services; or (ii) use Foodforce's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without Foodforce's prior written consent.
(ii) Your Ownership Rights. Subject to the licenses granted in this Agreement, You do not retain any right, title and interest, including without limitation all worldwide intellectual property rights, in and to the Content of any information that are placed, submitted, posted or displayed by You on or through the Foodforce Products and Services. By posting or providing commentary, You grant Foodforce an unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. Your request to remove your content or any Foodforce content which you have properly made a claim to, does not alter or effect Foodforce's unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works. You acknowledge that You are aware that Foodforce has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that Foodforce assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, Foodforce is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Content or intellectual property upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. Foodforce may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that Foodforce has an obligation to do so in any other instance and this does not mean that Foodforce has an obligation to effectively protect or enforce Your intellectual property rights.
(iii) Foodforce's Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the Foodforce marks solely for purposes of identifying Foodforce and solely in connection with Your permitted activities under this Agreement. You agree that the Foodforce marks and all associated goodwill are and will remain the sole property of Foodforce, that any goodwill generated as a result of Your licensed use of Foodforce marks belongs exclusively to Foodforce and inures solely to the benefit of Foodforce, and that Your use of Foodforce marks is subject to Foodforce's control of the quality of any products or services with respect to which You may be authorized to use Foodforce marks.
3. FoodForce Site Restrictions.
You may not use any FoodForce Site in order to transmit, post, distribute, store or destroy material, including without limitation, FoodForce Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the FoodForce site and the various services and features offered on or through the FoodForce site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the FoodForce site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the FoodForce site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the FoodForce site or the services offered on or through the FoodForce site, including without limitation any information residing on any server or database connected to the FoodForce site or the services offered on or through the FoodForce site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the FoodForce site or the services made available on or through the FoodForce site in any manner with the intent to interrupt, damage, disable, overburden, or impair the FoodForce site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the FoodForce site or the FoodForce site's services or features in violation of FoodForce or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids FoodForce site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the FoodForce site, or any transaction via the FoodForce site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the FoodForce site or the FoodForce site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the FoodForce site or the FoodForce site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the FoodForce site in any manner that could damage, disable, overburden, or impair the FoodForce site or interfere with any other party's use and enjoyment of the FoodForce site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the FoodForce site.
4. Specific Prohibited Uses or Restrictions.
The job posting, resume database (“FoodForce Resume Database”) and other features of FOODFORCE.COM may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. FoodForce Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
FoodForce specifically prohibits any other use of FOODFORCE.COM, and You agree not to do any of the following: (a) post or submit to any FoodForce Site any incomplete, false or inaccurate information including but not limited to biographical information, information which is not your own, information about food industry related news, information submitted for publication in any Foodforce forum, information submitted for publication in any Foodforce newsletter or communication ; (b) post on any FoodForce Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any FoodForce Site; (d) delete or revise any material posted by any other person or entity; (e) post an email address in a job posting for contact purposes; and (f) take any action that imposes an unreasonable or disproportionately large load on any FoodForce Site's infrastructure;
The following is a partial list of User Content that is prohibited on the FoodForce Sites. The list below is for illustration and is not a complete list of all prohibited User Content: Content that: (1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (2) harasses, incites harassment or advocates harassment of any group or individual; (3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (5) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (6) contains restricted or password only access pages, or hidden pages or images; (7) displays or links to pornographic, indecent or sexually explicit material of any kind; (8) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and (10) solicits passwords or personal identifying information from other Users.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FoodForce may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FoodForce has no liability or responsibility to Users for performance or nonperformance of such activities.
FoodForce does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FoodForce may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FoodForce has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information and Password.
When You register with any FoodForce Site, including but not limited to as a Employer, Employee or Sponsor, You will be asked to create a FoodForce Account or other account and provide FoodForce with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with FoodForce's Privacy Statement. You are responsible for providing accurate information in order to create an account, including those obligations noted in Section 6. This responsibility extends to account created automatically through any third party site authentication module provided.
You understand and acknowledge that you have no ownership rights in your FoodForce Account, and that if you cancel your FoodForce Account, all your account information from FoodForce, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in FoodForce's databases and will be removed from any public area of the FoodForce Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through FoodForce's web servers. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your employer account, FoodForce Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your FOODFORCE.COM registrations and passwords, whether or not authorized by You. You agree to immediately notify FoodForce of any unauthorized use of your employer account, FoodForce Account, Profile, or passwords, as the case may be.
6. User Content and Submissions.
You are solely responsible for your FoodForce Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any FoodForce Site or transmit to other Users. You agree that in submitting User Content or otherwise using any FoodForce Site that you will not impersonate any person, or submit any materials to FoodForce that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. In some circumstances Foodforce may assist you with suggestions for content submissions, however, the responsibility remains with you to review and/or specifically reject such content suggestions.
By posting User Content to any public area of any FoodForce Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to FoodForce and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any FoodForce Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any FoodForce Site retains any and all rights that may exist in such User Content.
FoodForce acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, FoodForce may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any FoodForce Site.
FoodForce reserves the right to expel Users and prevent their further access to the FoodForce Sites and/or use of FoodForce services for violating the Terms or applicable laws, rules or regulations. FoodForce may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FoodForce, damage FoodForce's brand or public image, or cause FoodForce to lose (in whole or in part) the services of its ISPs or other suppliers.
FoodForce does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Foodforce’s policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of FoodForce. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. FoodForce shall have an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Submission (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Submission, and to grant and authorize sublicenses thereof (through multiple tiers).
(a) You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Foodforce Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Foodforce of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on Foodforce Sites. Foodforce is not to be considered to be an employer with respect to Your use of any Foodforce Site and Foodforce shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Foodforce Site. Employers are responsible for all final posting decisions regarding a specific job posting. Any assistance or input provided by Foodforce, is for your convenience only and Foodforce is not responsible for any of the content contained in the job posting.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Foodforce, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Foodforce's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Foodforce’s web servers.
In order to protect our Foodforce Community Users from commercial advertising or solicitation, Foodforce reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Foodforce deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Foodforce does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
7(b) Job postings:
A Job posting may not contain: (a) any hyperlinks, other than those specifically authorized by Foodforce; (b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Foodforce’s reasonable and sole discretion; (c) the names, logos or trademarks of unaffiliated companies other than those of your company or where expressly agreed by Foodforce; (d) irrelevant information which is unrelated to the posting and position; (e) inaccurate, false, or misleading information; and (f) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
7(c) You may not use Your Foodforce job posting to:(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract; (c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; (d) post jobs or other advertisements for competitors of Foodforce or post jobs or other content that contains links to any site competitive with Foodforce; (e) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents; (f) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling; (g) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099; (h) advertise sexual services or seek employees for jobs of a sexual nature; (i) endorse a particular political party, political agenda, political position or issue; (j) promote a particular religion; (k) post jobs located in countries subject to economic sanctions of the United States Government; and (l) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union, physical or mental health, sexual life, the commission of criminal offences or proceedings or, age.
Foodforce reserves the right to remove any job posting or content from any Foodforce Site, which in Foodforce’s sole discretion, does not comply with the above Terms, or if any content is posted that Foodforce believes is not in the best interest of Foodforce.
If at any time during Your use of the Foodforce Site or Services, You made a misrepresentation of fact to Foodforce or otherwise misled Foodforce in regards to the nature of Your business activities, Foodforce will have grounds to terminate Your use of the Foodforce Site or Services.
If You Participate as a Sponsor, You are solely responsible for all advertising content You transmit or submit to Foodforce or through the Foodforce Partner Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Sponsor, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to Foodforce (the "Advertiser Agreement"). Foodforce disclaims all liability relating to Your Ads and You agree to indemnify Foodforce for all loses Foodforce incurs associated with the Ads. You may not submit Ads that contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. Foodforce, in its sole discretion, has the right to determine whether any Ads contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. In connection with Foodforce's marketing, distribution and the provisions of Foodforce's Partner Program, and in addition to the terms set forth in the Advertiser Agreement, You permit Foodforce to: (a) tag Your Ad with information that will be used by Foodforce to identity it as Your Ad and assist Foodforce in properly tracking the Ad; (b) associate Your Ad with Content, and (c) distribute, or have distributed, Your Ad in the Foodforce Distribution Network via Online Distribution. Foodforce may, in its discretion, reject, suspend access to or remove any of Your Ads from the Foodforce Network at any time. You agree and accept that distribution of Your Ads on any part of the Foodforce Distribution Network may be subject to acceptance by any applicable Third Party Service Providers.
9. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to FoodForce, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
Kain & Associates
Attn: Darren – FoodForce Admin
900 Southeast Third Avenue, Suite 205
Ft Lauderdale, Florida 33316
Fax 954 - 768 - 0158
dspielman @ complexip.com
10. FoodForce's Liability.
FOODFORCE.COM acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles. FoodForce is not involved in the actual transaction between employers and candidates. As a result, FoodForce has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and FoodForce makes no representations about any jobs, resumes or User Content on FOODFORCE.COM.
FoodForce may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FoodForce, damage FoodForce's brand or public image, or cause FoodForce to lose (in whole or in part) the services of its ISPs or other suppliers. While FoodForce reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from FOODFORCE.COM from time to time, FoodForce does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through FOODFORCE.COM and/or the other FoodForce Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using FOODFORCE.COM and/or the other FoodForce Sites.
Because User authentication on the Internet is difficult, FoodForce cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any FoodForce Site, in the event that You have a dispute with one or more Users, You release FoodForce (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The FoodForce Sites and the FoodForce Content may contain inaccuracies or typographical errors. FoodForce makes no representations about the accuracy, reliability, completeness, or timeliness of any FoodForce Site or the FoodForce Content. The use of all FoodForce Sites and the FoodForce Content is at your own risk. Changes are periodically made to FoodForce Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the FoodForce Sites. Employers are solely responsible for their postings on FoodForce Sites. FoodForce is not to be considered to be an employer with respect to your use of any FoodForce Site and FoodForce shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any FoodForce Site.
FoodForce cannot guarantee and does not promise any specific results from use of FOODFORCE.COM or any FoodForce Site. No advice or information, whether oral or written, obtained by a User from FoodForce or through or from FOODFORCE.COM or any other FoodForce Site shall create any warranty not expressly stated herein.
11. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FOODFORCE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FOODFORCE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY FOODFORCE "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FOODFORCE OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FoodForce, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE (NOT INCLUDING AUCTION ITEM PURCHASES).
13. Local Standards.
We do not represent that materials on the FoodForce site are appropriate for use in all locations. Persons who choose to access the Foodforce site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Links to Content and Other Sites.
FOODFORCE.COM and certain other FoodForce Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by FoodForce of the contents on such third-party Web sites. FoodForce is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
FOODFORCE.COM and certain other FoodForce Sites contain links to social media sites, including but not limited to authentication modules and job re-posting/sharing modules. These links are provided solely as a convenience to You and not as an endorsement by FoodForce of the content on such social media sites. FoodForce is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with Foodforce is at your own risk.
You agree to defend, indemnify, and hold harmless FoodForce, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any FoodForce Site, (ii) your use of any FoodForce Content, or (iii) your breach of the terms of these Terms. FoodForce shall provide notice to You promptly of any such claim, suit, or proceeding.
The Terms of Service and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of New York, New York County. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by FoodForce must be made in writing and signed by an authorized representative of FoodForce specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, FoodForce's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
17. Legal Disputes
If any dispute arises between You, a Visitor, an Employer, a Prospective Employee, an Advertiser and/or FoodForce or any combination thereof, as it relates to FoodForce and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in New York, New York and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event FoodForce becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You, a Visitor, an Employer, a Prospective Employee, an Advertiser, where FoodForce is not a party to the suit, you agree to pay $1,000.00 in damages and costs for FoodForce having to respond to any subpoena regarding the dispute.
18. Confidential Information:
During the term of this Agreement, You may receive confidential information from Foodforce related to Your Participation. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of Foodforce. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of Foodforce: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to Foodforce to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of Foodforce confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the Foodforce Products and services and (ii) Trial Features or any other information designated in writing by Foodforce as "Confidential" or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of Foodforce's confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.
These Terms constitute a binding agreement between You and FoodForce, and is accepted by You upon your use of the FoodForce Site.