Welcome to the foodXchange Co., owned and produced by foodXchange,
Inc. (foodXchange Co. web site and foodXchange Co., are collectively
referred to as "foodXchange"). foodXchange makes available a variety
of products and services through foodXchange Co. (collectively, the
"Products and Services") subject to these General Terms and Conditions
("Terms and Conditions").
Because the Terms and Conditions contain legal obligations, please
read them carefully.
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation
or qualification, to be bound by, and to comply with, these Terms
and Conditions and any other posted guidelines or rules applicable
to any individual foodXchange Co. web site, Product or Service.
2. CONDITIONS
AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these
Terms and Conditions. You acknowledge and agree that foodXchange Co.
may terminate your access to foodXchange Co. or to any of the Products
and Services should you fail to comply with the Terms and Conditions.
Any such termination shall be in foodXchange Co.'s sole discretion
and may occur without prior notice, or any notice. foodXchange Co.
further reserves the right to terminate any user's access to foodXchange
Co. or to any of the Products and Services for any conduct that foodXchange
Co., in its sole discretion, believes is or may be directly or indirectly
harmful to other users, to foodXchange Co. or its subsidiaries, affiliates,
or business contractors, or to other third parties, or for any conduct
that violates any local, or foreign laws or regulations.
3. REGISTRATION
AND PRIVACY
Certain of the Products and Services will require the user to
register and provide certain data. In consideration of use of such
Products and Services, in registering and providing such data, you
represent and warrant that: (a) the information about yourself is
true, accurate, current, and complete (apart from optional items)
as required by foodXchange registration forms ("Registration Data")
and (b) you will maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or foodXchange has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, foodXchange has
the right to suspend or terminate your account and refuse any and
all current or future use of the Products and Services.
All foodXchange registrations become the exclusive property of foodXchange,
its subsidiaries. foodXchange reserves the right to use and reuse
all registration and other personally identifiable user information.
Users may edit, update, alter or obscure their personally identifiable
information at any time by following the instructions located in foodXchange
sites.
4. MEMBER AND
USER CONDUCT
Upon registering, you will receive a password and foodXchange
ID. You are responsible for maintaining the confidentiality of the
password and ID, and are fully responsible for all activities that
occur under your password or ID. You agree to (a) immediately notify
foodXchange of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your
account at the end of each session. foodXchange cannot and will not
be liable for any loss or damage arising from your failure to comply
with this requirement.
You acknowledge and agree that all information, code, data, text,
software, music, sound, photographs, pictures, graphics, video, chat,
messages, files, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and
not foodXchange, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Services. foodXchange
does not control the user or third party Content posted via the Products
and Services, and, as such, does not guarantee the accuracy, integrity
or quality of such user or third party Content. You acknowledge and
Agree that by using the Products and Services, you may be exposed
to Content that is offensive, indecent or objectionable. Under no
circumstances will foodXchange be liable in any way for any user or
third party Content, including, but not limited to, for any errors
or omissions in any such Content, or for any loss or damage of any
kind incurred as a result of the use of any such Content posted, emailed
or otherwise transmitted via the Products and Services. As a general
matter, foodXchange does not pre-screen user or third party Content
posted on foodXchange, except for certain areas where foodXchange
employs certain automated screening software, although foodXchange
reserves the right to do so. foodXchange does not guarantee that any
screening will be done to your satisfaction or that any screening
will be done at all. foodXchange reserves the right to monitor some,
all, or no areas of the Products and Services for adherence to these
Terms and Conditions or any other rules or guidelines posted by foodXchange.
Prohibited Conduct
You agree that you will not use foodXchange Products and Services
to:
- Upload, post, email, otherwise transmit, or post links to any Content,
or select any member or user name or email address, that is unlawful,
harmful, pornographic or otherwise objectionable. - Collect or store
personally identifying information about other users for unlawful
purposes.
You acknowledge and agree that foodXchange and its designees shall
have the right (but not the obligation), in their sole discretion,
to refuse to publish, remove, or block access to any Content that
is available via the Products and Services at any time, for any reason,
or for no reason at all, with or without notice. foodXchange may also
terminate access to, or membership in foodXchange, or any portion
thereof, for violating these Terms and Conditions. You acknowledge
and agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by or obtained through the
use of foodXchange Products and Services.
You expressly acknowledge and agree that foodXchange may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms and Conditions; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property,
or personal safety of foodXchange, its users and the public. You acknowledge
and agree that the technical processing and transmission of the Products
and Services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
foodXchange also may suspend or terminate any user account for any
Product or Service because of user inactivity. For example, a foodXchange
account may be terminated or suspended if a user fails to sign-in
to foodXchange Service for an extended period of time; please seefoodXchange Rules and Regulation section for more information
regarding foodXchange's policies concerning account termination.
5. LICENSE TO
MEMBER WEB PAGES AND OTHER USER CONTENT
By submitting a web page to foodXchange, or any other web page
hosting service on foodXchange, you grant foodXchange a world-wide,
royalty-free, nonexclusive, worldwide, unrestricted license to use,
copy, transmit, publicly display, publicly perform, create compilations
including, and distribute such web page, and any associated Content,
for the limited purposes of publishing and promoting the user's web
page in connection with the particular service with which the user
has chosen to have the web page hosted and for publishing and promoting
such web page elsewhere within foodXchange. Such license shall apply
with respect to any form, media, or technology now known or later
developed. The term of the license will extend only for the duration
of the user's membership with the particular foodXchange service.
You acknowledge and agree that foodXchange runs advertisements on
the web pages of its users and grant foodXchange the right to do so.
These advertisements may include, without limitation, "banner" advertisements
and "pop-up text" advertisements. The manner, mode, and extent of
such advertising is subject to change.
6. Disclaimer
Information on this web site may contain inaccuracies or typographical
errors. Information may be changed or updated without notice.
foodXchange makes no representations whatsoever about other web sites
which you may access through this one. When you access a non-foodXchange
web site, please understand that it is independent from foodXchange,
and that foodXchange has no control over the content on that web site.
In addition, a link to a non-foodXchange web site does not mean that
foodXchange endorses or accepts any responsibility for the content,
use, or products and services made available through such web site.
IN NO EVENT WILL foodXchange BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS
WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER
DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
