Use of Services
You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Site for any unlawful or abusive purpose or in any way which interferes with our ability to make the Site available to our customers, or damages our property. You agree that your use of the Site is subject to all applicable local, state, national and international laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable content;
- not to host, submit content to or use the Site without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”);
- not to use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without Foodboro’s express written permission;
- not to take any action that imposes or may impose (in Foodboro’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, servers or networks connected to or accessible through the Site.
THE MATERIALS AND CONTENT CONTAINED IN THE SITE ARE PROVIDED “AS IS.” Foodboro, through and together with its directors, managers, officers, stockholders, members, agents, representatives, employees and affiliated entities (collectively, the “COMPANY Affiliates” and each, a “COMPANY Affiliate”) MAKE NO WARRANTIES REGARDING THE MATERIALS OR CONTENT WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
DISCLAIMER AND LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THE SITE BY FOODBORO.
YOU AND FOODBORO AGREE THAT THIS SECTION, “DISCLAIMER AND LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FOODBORO. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, FOODBORO WOULD NOT MAKE THE SITE AVAILABE TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SITE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Ownership of the Site and its Content
The Site, and all information, materials and content available on the Site, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively, “Content”), is the property of Foodboro and/or certain third-parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of the party that owns the Content, whether it be Foodboro or a third party.
Links to Other Materials
The sites linked to the Site, if any, are not necessarily under the control of Foodboro and Foodboro is not responsible for the content of any linked site, including any social media site. Any links included in the Site have been selected by Foodboro for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Foodboro will not be responsible for any interactions between you and the operators or other users of such websites, or any damages incurred by you as a result of the your use of such websites
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a state or federal court sitting in Suffolk County, Massachusetts. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
We may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time at the Site. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Foodboro (including the Site and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between Foodboro and you with respect to your use of the Site, materials, and Content, and it supersedes all prior or contemporaneous communications and proposals between Foodboro and you with respect thereto. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.