Terms of Services

This is the user agreement (the “Agreement” or “User Agreement”) for FoodScription LLC.

FoodScription LLC provides access to this website to you, subject to the following Terms of Service (“TOS”), which may be updated by FoodScription LLC, from time to time without notice to you.

This Agreement describes the terms and conditions applicable to your use of our website, products and services. If you do not agree to be bound by the terms and conditions of this Agreement, you are not permitted to access our website, resources, or services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may access our site, FoodScription.com.

By viewing, visiting, using or interacting with this website or with any banner, advertising or popup that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of this website.

Copyrighted Materials:

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are FoodScription LLC., its affiliates or other third party licensors.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on the site, including texts, graphics, code, content and software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You agree to grant to FoodScription LLC. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments, bulletin boards, forums and newsgroups) or by e-mail to FoodScription LLC. by all means and in any media now known or hereafter developed.

You also grant to FoodScription LLC. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against FoodScription LLC. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to FoodScription LLC..

Trademarks:

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of FoodScription LLC. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Google and Google AdSense are trademarks of Google, Inc. and neither are associated nor affiliated with FoodScription LLC. in any way.

Website Ownership:

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

Licensing Restrictions:

Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the FoodScription.com website.

Minimum Age:

Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be AT LEAST 18 years old to access the website, resources, and services without parental consent and guidance.

All persons under the age of 18 are denied access to this website without parental consent and guidance. If you are under 18 years of age, it is unlawful for you to visit, read or interact with this website its services and contents in any manner without parental consent and guidance.

This website specifically denies access to any individual that is covered by The Children’s Online Privacy Protection Act (COPA) of 1998. We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

Liability:

In no event shall FoodScription LLC. be liable for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service.

We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. FoodScription LLC. does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements.

In no event will FoodScription LLC. be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the website. All products and resources are provided “as is” and without warranties.

These include (but are not limited to) damages or injury caused by any:

use of (or inability to use) the site
use of (or inability to use) any site to which you hyperlink from our site
failure of our site to perform in the manner you expected or desired
error on our site
omission on our site
interruption of availability of our site
defect on our site
delay in operation or transmission of our site
computer virus or line failure

Please note that we are not liable for any damages, including:

Damages intended to compensate someone directly for a loss or injury damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)

Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages.”) We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.

Exception: Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. if you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.

Indemnification:

You agree to indemnify, defend and hold harmless FoodScription LLC., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Use of Site and/or Service:

You understand that, except for information, products or services clearly identified as being supplied by FoodScription LLC., FoodScription LLC. does not operate, control or endorse any information, products or services on the Internet in any way. Except for FoodScription LLC. – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with FoodScription LLC.

You also understand that FoodScription LLC. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the internet. FoodScription LLC. provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and FoodScription LLC. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. FoodScription LLC. does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. FoodScription LLC. has no control over and accepts no responsibility whatsoever for such materials.

Contents of Site:

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

Use of Information:

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

Submitting Your Online Material to Us:

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All remarks, suggestions, ideas, graphics, comments, or other information that you send to FoodScription LLC. through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated. That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our FoodScription LLC. mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. Submissions is also a provision of the Privacy Policy.

Disputes:

As part of the consideration that the Website requires for viewing, using or interacting with this website, visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.

Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605 or at http://www.adr.org. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a ‘consumer’ and will not invoke arbitration rules applicable to consumers.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Nevada.

Notice:

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

Third Party Rights:

The provisions of paragraphs “Use of the Service,” and “Indemnification” are for the benefit of FoodScription LLC. and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination of This Agreement:

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use by destroying all copies and installations of products and services obtained from us. The agreement will automatically and immediately terminate without notice should you violate any terms of this agreement. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses, without notice or refund.

Communications from us:

By joining our site, you give us permission to contact you periodically via email.  If you wish to no longer receive communications from us, please open any email you’ve received from Foodscription and use the Unsubscribe link for immediate removal from any or all mailing lists.

If you would like us to remove you, please send use the form here. Please be aware that using the contact form may result in up to a 72 hour delay in removal from our mailing list.

Jurisdiction and Other Points to Consider:

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate FoodScription LLC. and/or its affiliates’ intellectual property rights, FoodScription LLC. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of FoodScription LLC., and you consent to exclusive jurisdiction and venue in such courts. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified.

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the website.

Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within this website. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of account, and forfeiture of all reseller licenses, without notice or refund. Furthermore, Use of this website constitutes acceptance of the Legal Agreement and Terms Of Use.

This Agreement in all respects shall be governed by and construed according to the laws of the State of Georgia, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement. This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented.

You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.