FOODIFY TERMS AND CONDITIONS


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using the pages in this site, you agree to these terms and conditions.

Foodify may modify these Terms and Conditions from time to time. Your continued usage of this website (the "Site") will mean you accept any such changes.


RESTRICTIONS ON USE

Material from the Site and any other website owned, operated, licensed, or controlled by Foodify or any of its related, affiliated, or subsidiary companies (together, "Foodify") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Foodify. The content is protected by copyright under both United States and foreign laws. Modification or use of the materials for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and Foodify's intellectual property rights. The material in this site is provided for lawful purposes only. All rights not expressly granted herein are reserved to Foodify. If you violate any of these Terms and Conditions, your limited license to use the Site and related content automatically terminates.


RESTRICTION OF LIABILITY

The use of the Site and the related content is at your sole risk. Foodify will not be liable to you or any third party for any damages or injury, including, but not limited to, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Foodify will not be liable for any damages or injury that result from the use of, or the inability to use, the Site, materials, user content, or any other content on Foodify, even if there is negligence or Foodify or an authorized Foodify representative has been advised of the possibility of such damages, or both.


SUBMISSIONS

All comments, reviews, suggestions, graphics, or other information communicated to Foodify through this site (together, the "Submission") will permanently be the property of Foodify. Foodify will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Foodify operations. Without limitation, Foodify will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Foodify will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at the Site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Foodify or to other entities who are not involved in the operation of this site. You acknowledge that you are responsible for whatever material you submit, and you, not Foodify, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.


JURISDICTION

Except as described otherwise, all materials in the Site are made available only to provide information about Foodify. Foodify controls and operates this site from its headquarters in Charlottesville, Virginia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.


DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Foodify may make changes or improvements at any time. THE MATERIALS AND ANY CONTENT IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. OWNER DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.


TERMINATION

Foodify may terminate or suspend your right to use the Site at any time. Your right to use the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions shall constitute a breach of these Terms and Conditions:

  • 1. Using the Site for any purpose in violation of local, state, national, or international laws;
  • 2. Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • 3. Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foodify in its sole discretion;
  • 4. Distributing viruses or other harmful computer code;
  • 5. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Foodify, exposes Foodify or any of its customers or suppliers to any liability or detriment of any type.

In addition, Foodify shall have the right, but not the obligation, to suspend or terminate your account at any time in the event Foodify has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised.


REWARDS

Foodify has the right to change, modify and / or cancel the Foodify Rewards Program at any time and without notice. Foodify points have no tangible monetary value, and the company will not be liable for any outstanding points following a termination of, modification of, or any other change to the program. Customer must have placed one or more Foodify orders within the last twelve months to be eligible for Foodify rewards.


PRIVACY POLICY

The terms and conditions of Foodify’s Privacy Policy are incorporated into the Terms and Conditions by reference.


INDEMNITY

You agree to defend, indemnify, and hold Foodify, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from, your intentional or unintentional violation of these Terms and Conditions, your violation of applicable law, your use of the Site, materials or content, and/or all uses by Foodify or any Foodify-authorized third party.


JURISDICTION AND VENUE

You expressly agree that exclusive jurisdiction for any dispute with Foodify, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any such dispute including any claim involving Foodify. These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles.


MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Foodify can revise these Terms and Conditions at any time by updating this posting. This site may be linked to other sites which are not maintained by Foodify. Foodify is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Foodify of the sites.


TRADEMARK INFORMATION

Foodify™ is a trademark of Foodify. All other trademarks are the property of the respective trademark owners.

Questions or comments regarding the Site should be directed by electronic mail to help@foodify.com or via U.S. mail to:

Foodify 103 W. Main Street
Charlottesville, Virginia 22902