Terms of Use

Thank you for visiting the FoodFacts web site. These Terms of Use describe the agreement between FoodFacts.com and each subscriber governing the use of this web site.

Our web site is designed to provide unbiased nutritional information to its subscribers and visitors.

Please read these terms and conditions carefully before using our web site. By using FoodFacts.com's web site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions detailed here, you may not access or otherwise use this web site.

Our site and our Terms of Use may change over time. Please review this page often.

FoodFacts.com DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on the FoodFacts web site is provided for informational purposes only and is not intended as a substitute for any medical advice provided by a physician or other healthcare professional or any information contained on or in any product label or packaging.

COPYRIGHT

All logos and custom graphics are trademarks and/or service marks owned by FoodFacts.com. All other trademarks, product and company names, logos and images appearing on our web site are the property of their respective owners.

All content is copyrighted as a collective work under the United States copyright laws, and may not be copied, duplicated, redistributed or re-published in any form whatsoever.

You may not modify, remove, delete, add to, publish, republish, transmit, create derivative works from, or in any way exploit any of the content, in whole or in part. All rights to such content are reserved to their respective copyright owners.

Except as provided by the fair use privilege under the United States copyright laws you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right.

Any other use of the content on this web site and/or in our e-mail alerts, including, modification, distribution, replication, commercial or other use is strictly prohibited.

If you violate any of these terms, your permission to use the website and its content will automatically terminate.

OBLIGATIONS

In order to use our web site, you agree to provide true, current and complete information about yourself on the subscription application form and to maintain and update such account information promptly. If you provide any untrue or inaccurate information or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may terminate your account and refuse you any current or future use our web site.

You agree to maintain the confidentiality and security of your account on our web site, including your password and other account information and you are fully responsible for all activities that occur under your password or account.

You will notify us immediately of any unauthorized use of your password or account or any other breach of security.

You agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable.

Membership fees are non-refundable.

We reserve the right to terminate any account at any time for any reason.

Your right to use our website is conditional on our receipt of payment. If payment cannot be charged to your credit card for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations hereunder.

CONDUCT

Any conduct by you on our web site that we believe, in our sole discretion, contravenes any of the terms of this agreement or jeopardizes the security of our site will not be permitted.

You agree to use our web site only for lawful purposes and not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our web site, use of our web site, or access to our web site. You agree not to access our web site by any means other than through the interface provided by us for use in accessing our web site.

You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.

DISCLAIMERS

This web site is provided for your use on an "as is" and "as available" basis. We, along with our officers, directors, employees, third-party providers, etc., (collectively known as associates), do not make any representations or warranties of any kind, expressed or implied, with respect to our web site or its content, including, without limitation, the products or information offered on our web site or any other web site to which our web site links and the uninterrupted or error-free use of our web site.

We expressly disclaim all such representations and warranties, including, without limitation, all warranties of accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.

We do not warrant that our web site or files available on our web site will be free from computer viruses, corrupted data or similar destructive or contaminating code. Your use of this web site is expressly at your own risk.

All information contained on our web site, including information relating to medical and health conditions, products, etc., is for informational purposes only and not provided as medical advice.

Any information offered is not meant as a substitute for the advice provided by a physician or other medical or healthcare professional or for any information contained on or in any product packaging or labels.

You should always consult your physician or other medical advisor before making any dietary or nutritional changes.

Additionally, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels.

LIMITATION OF LIABILITY

Under no circumstances shall we or any other party involved in creating, producing, or distributing our web site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from:

1. Any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site;
2. Personal injury or death caused by your use or misuse of our web site;
3. Unauthorized access to or alteration of your transmissions or data, or;
4. Any other matter relating to our web site.

You hereby acknowledge that this paragraph shall apply to all content and services available through our web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Additionally, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the subscription amount paid by you for access to our web site.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, third party providers and any and all other associates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, from your use of our web site, your connection to our web site or your violation of these Terms of Use.

PRIVACY

Your information will not be shared with any third party or entity except as noted below.

We reserve the right to monitor our web site and to disclose any information recorded or posted on, submitted to, or transmitted through our web site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our web site, or to protect our rights or property or the rights or property of our users.

EXPORT

United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from our web site to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS

We may electronically monitor any area of our web site. We may terminate your access, or suspend your access to all or part of our web site, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider or service provider.

APPLICABLE LAWS AND JURISDICTION

We control our web site from our offices within the United States. We make no representation that the content on our web site is appropriate, legal or available for use in other locations. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of United States export laws and regulations. Any claim relating to our web site, the services provided through our web site or the content shall be governed by the laws of the state of New Jersey.

If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Sussex County, New Jersey.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our web site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our web site with or without notice. You agree that any termination of your access to our web site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our web site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our web site.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern the use of our web site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our web site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

COPYRIGHT NOTICE

Copyright © 2005 Foodfacts, LLC.
All rights reserved.