FOODMatch

Terms and Conditions

Effective Date
This Privacy Policy is effective as of June, 2015.

Any user that accesses all or any part of the FOODMatch, Inc. (“FOODMatch,” "we," "us" or "our") web site located at www.FOODMatch.com (the “Site”) agrees that use of the Site constitutes acceptance of these Terms and Conditions and the Privacy Policy for the Site. Each time a user accesses the Site, the Terms and Conditions and the Privacy Policy should be reviewed because FOODMatch reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

Binding Agreement
Use Prohibited by Users Under 18

By accessing all or any part of our Site, you agree to be bound by these Terms and Conditions and the Privacy Policy posted on this Site. If you do not agree to be bound by these Terms and Conditions and the Privacy Policy you should not access or view this Site. In addition, this Site is intended only for users that are at least 18 years old and by accessing this Site, you represent and warrant that you are at least 18 years old.

Information Collection of EU Residents
Upon submitting your personal information to sign up for our email list, you are required to verify that you are a resident of the United States. Due to privacy laws, we cannot currently accept residents of these countries onto our email list. As such, EU users should not be submitting such information to our website. When you submit information to us and subscribe to our email list, you are verifying that you are a resident of the United States.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY PLEASE DO NOT USE THIS SITE.

Use of the Site
You agree that you shall not impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, disabling code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site.

Ownership of Site Content
All information, content, and data (including, without limitation, designs, logos, photographs, recipes, videos, text, graphics and pictures, and their format, arrangement and selection) (the “Site Content”), on the Site is owned by FOODMatch, Inc. and its third party providers, with all rights reserved. FOODMatch and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with FOODMatch or obtaining FOODMatch’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database. The name of the Site and the designs, trademarks and icons of the Site are trademarks of FOODMatch and its third party providers, and may not be copied, used or imitated, without the prior written permission of FOODMatch.

Advertising
FOODMatch may have content, promotions, logos and advertisements of third parties which may link to their web sites. Any dealings, correspondence or contact that you may have in connection with such third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or contact that you may have are solely between you and such third parties. You agree that FOODMatch shall not be responsible for any losses or damages of any kind associated with or arising from any dealings, correspondence or contact that you may have with such third parties.

Disclaimers and Limitation of Liability
THE SITE AND THE SITE CONTENT ARE PROVIDED “as is”. FOODMATCH makes no representations or warranties as to the accuracy, completeness or timeliness of the SITE and the site CONTENT or the results to be obtained from using the site and the site content. FOODMATCH AND its officers, DIRECTORS, EmPloyees AND affiliates shall Have no liability with respect to any user's use of the SITE and the Site CONTENT or any inaccuracies, errors or omissions in the SITE or the site content. FOODMATCH DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT ALLOWED BY LAW, FOODMATCH AND its officers, DIRECTORS, EmPloyees AND affiliates HEREBY DISCLAIM ALL WARRANTIES with respect to the site and the site content, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In no event shall FOODMATCH OR ANY OF its officers, DIRECTORS, EmPloyees AND/OR affiliates be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of profits, DAta, Content, reputation OR GOODWILL), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with thE site or the site content or any SITES OR ANY content accessed by use of THE site. IN THE EVENT THAT FOODMATCH AND/OR ANY OF its officers, DIRECTORS, EmPloyees, AND affiliates are DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO thE site or the site content or any SITES OR ANY content accessed by use of THE site, IN NO EVENT SHALL FOODMATCH’s (its officers’, DIRECTORS’, EmPloyees’ AND affiliates’) AGGREGATE LIABILITY TO ANY USER EXCEED TEn DollarS ($10.00).

To the extent that the site contains content provided by third parties, such information is provided for informational purposes only and FOODMATCH does not investigate the legitimacy, validity, accuracy and legality of such information and expressly disclaims any responsibility or liability arising out of or related to any third party content.

Indemnity
As a condition of use of the Site and Site Content, you agree to indemnify and hold harmless FOODMatch and its officers, directors, employees and affiliates against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site and/or the Site Content, the services offered and provided by FOODMatch on the Site, and any breach by you of these Terms and Conditions.

Links
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. FOODMatch is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any web sites that link to the Site and has no responsibility for the use and privacy of user’s information on any web sites that are also linked to or from the Site. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions of those sites.

Governing Law and Venue
By accessing the Site, you agree that all disputes and claims arising out of or relating to the Site, the Site Content, these Terms and Conditions and the Privacy Policy, including, without limitation tort claims, shall be governed by the laws of the State of New York, U.S.A., without giving effect to its conflict of laws provisions, except that all claims with respect to copyrights and patents shall be governed by United States federal laws. You acknowledge and agree that FOODMatch has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond or proof of any actual damages. You agree that the sole jurisdiction and venue for resolving all claims and disputes is the Borough of Manhattan in the City of New York in the State of New York, U.S.A, and you hereby waive any defenses of inconvenient forum or lack of personal jurisdiction.

General
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and FOODMatch regarding the use of the Site and the Site Content. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. FOODMatch’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Notices
The Site is operated by FOODMatch, Inc. at 575 8th Avenue, 23rd Floor, New York, NY 10018. All questions regarding the Site or these Terms and Conditions shall be directed to Rada Charussilapa, Compliance/Food Safety Coordinator by email at: [email protected], by calling her at: 212-239-6923 or by writing to her at: FOODMatch, Inc., 575 8th Avenue, 23rd Floor, New York, NY 10018.