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NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEBSITE
Permission to use Documents from this server ("Server") is granted,
provided that (1) the below copyright notice appears in all copies and
that both the copyright notice and this permission notice appear, (2) use
of such Documents from this Server is for informational and non-commercial
or personal use only and will not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications of any Documents are
made. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
TERMS OF SERVICE
When using Food Info Net, you agree to the following terms
and conditions (the "Terms of Service"). You can always check
out the most current version of these Terms of Service at this
page. In addition, when using particular Food Info Net
services, you shall be subject to any posted guidelines
applicable to such services, including the any applicable
sweepstakes rules and any terms or conditions applicable to
Food Info Net services provided in conjunction with any of
Food Info Net's content and service partners. All such rules
and guidelines are hereby incorporated by reference into the
Terms of Service. If you do not agree to these Terms of
Service please do not use the site and do not register to be a
member of Food Info Net. We reserve the right, at our
discretion, to change, modify, add, or remove portions of
these Terms of Service at any time. Please check these terms
periodically for changes. Your continued use of the Food Info
Net Service following the posting of changes to these terms
will mean you accept those changes.
Overview
Food Info Net is a multi-purpose service which allows you
to use or access a wealth of products and services, including
food industry directories, events calendar, career center,
market research reports, online bookstore, forums, news and
broad range of other content (collectively the "Food Info Net
Service"). These Terms of Service apply to the Food Info Net
Service as well as any new products or services that we may
add in the future (unless stated otherwise).
General Terms of Service and Restrictions on Use of
Materials
By using the Food Info Net Service, you agree to be legally
bound and to abide by the Terms of Service, just as if you had
signed this Agreement. If you do not comply with the Terms of
Service at any time, Food Info Net reserves the right to
terminate your access the Food Info Net Service. Food Info Net
may discontinue or alter any aspect of the Food Info Net
Service, including, but not limited to, (i) restricting the
time the Food Info Net Service is available, (ii) restricting
the amount of use permitted, and (iii) restricting or
terminating any user's right to use the Food Info Net Service,
at Food Info Net's sole discretion and without prior notice or
liability. You are responsible for all charges associated with
connecting to the Food Info Net Service through an available
access number. You are also responsible for obtaining or
providing all access lines, telephone and computer equipment
(including modem), or other device, necessary to access the
Food Info Net Service. You further certify that you are an
individual.
In order to permit Food Info Net to protect the quality of
its products and services, you hereby consent to Food Info Net
employees being able to access your account and records on a
case by case basis to investigate complaints or other
allegations or abuse.
You acknowledge that the Food Info Net Service contains
information, software, photos, video, text, graphics, music,
sounds or other material (collectively, "Content") that are
protected by copyrights, patents, trademarks, trade secrets or
other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
here after developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and Food Info
Net owns a copyright in the selection, coordination,
arrangement and enhancement of such Content. The Food Info Net
name and logo are exclusively licensed to the Food Info Net
Network, Inc. All other trademarks appearing on the Food Info
Net Service are trademarks of their respective owners. Food
Info Net's partners may also have additional proprietary
rights in the content which they make available through the
Food Info Net service. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works,
or in any way exploit, any of the Content, in whole or in
part, except that you may download one copy of the materials
on any single computer for your personal, non-commercial home
use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of
the materials for any other purpose, including use of any such
material on any other web site or networked computer
environment is strictly prohibited. In the event you download
software provided by Food Info Net, the software, including
any files, images incorporated in or generated by the
software, and data accompanying the software (collectively,
the "Software") are licensed to you by Food Info Net. Food
Info Net does not transfer title to the Software to you. You
may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a
human-readable form.
Registration
If you elect to register to use the Food Info Net Service
and/or participate in any sweepstakes, contest, or other
services offered by Food Info Net you agree to: (a) provide
true, accurate, current and complete information about
yourself as prompted by the Food Info Net Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it accurate. If you provide any information that
is untrue, inaccurate, or incomplete, or Food Info Net has
reasonable grounds to suspect that such is the case, Food Info
Net has the right to suspend or terminate your account and
refuse any and all current or future use of the Food Info Net
Service (or any portion thereof).
Food Info Net's Privacy Policy
Pursuant to Food Info Net's privacy policy, we may disclose
to third parties certain information contained in your
Registration Data or related data unless you choose to opt out
from such disclosures or in the good faith belief that such
action is reasonably necessary to comply with the law, legal
process, or to enforce the Terms of Service. For more
information, please see our full
Privacy Policy.
Community Standards and Conduct in Food Info Net Forums
You acknowledge that all Content, whether publicly posted
or privately transmitted, is the sole responsibility of the
person from which such Content originated. This means that you
are entirely responsible for all Content that you post, email
or otherwise transmit via the Food Info Net Service. Food Info
Net does not control all of the Content posted via the Food
Info Net Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using the Food Info Net Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will Food Info Net be liable in any way for any
Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Food Info Net
Service.
You agree to not use the Food Info Net Service to:
- upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not
limited to, a Food Info Net official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Food Info Net
Service or an Food Info Net Forum are able to type, or
otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- interfere with or disrupt the Food Info Net Service or
servers or networks connected to the Food Info Net Service,
or disobey any requirements, procedures, policies or
regulations of networks connected to the Food Info Net
Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law;
- "stalk" or otherwise harass another member or user of
the Food Info Net Service; or
- collect or store personal data about other users, or
members.
A "Forum" refers to a chat area, bulletin board, "instant
messaging" or virtual community offered as part of the Food
Info Net Service. Food Info Net also provides its users with
access to e-mail. The Forums and e-mail shall be used only in
a noncommercial manner. You shall not, without Food Info Net's
express written approval, distribute or otherwise publish any
material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services.
It is our policy to respect the privacy of all users.
Therefore, in addition to our Privacy Policy, we will not
monitor, edit, or disclose the contents of a user or member
e-mail unless required in the course of normal maintenance of
Food Info Net Service and its systems or unless required to do
so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal
process served on Food Info Net; (2) protect and defend the
rights or property of Food Info Net; or (3) act in an
emergency to protect the personal safety of our users or the
public. You shall remain solely responsible for the content of
your messages.
All Food Info Net Forum communications are public and not
private communications. Although Food Info Net reserves the
right to remove without notice any Forum posting for any
reason, we have no obligation to delete content that you may
find objectionable or offensive. By uploading materials to any
Forum or submitting any materials to us, you automatically
grant (or warrant that the owner of such materials has
expressly granted) us a perpetual, royalty-free, irrevocable,
non- exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from and
distribute such materials or incorporate such materials into
any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
Your privilege to use the Food Info Net Forums and
contribute to discussions on the Food Info Net Forums depends
on your compliance with the member conduct guidelines set
forth above. Food Info Net may revoke your registration
privileges and/or take any other appropriate measures to
enforce these guidelines if violations are brought to our
attention. Further, Food Info Net, in its sole discretion, may
terminate your membership or participation in any community,
chat room or other Forum for any reason.
Parental permission is required for children 12 years of
age or under to use any Food Info Net Forums. Please remember,
when using any Food Info Net services or Forums, you agree to
abide by the member conduct guidelines set forth above. Food
Info Net does not permit registered users under the age of 13
to participate in chat.
Food Info Net reserves the right to monitor some, all, or
no areas of Food Info Net Forums for adherence to these or
other rules that may be published from time to time. You
acknowledge that by providing you with the ability to
distribute your content, Food Info Net is acting as a passive
conduit for such distribution and Food Info Net is not
undertaking any obligation or liability relating to any
content or activities in any Forum or Forum area.
Submissions
By posting or submitting content to this site, you grant
Food Info Net and its affiliates and licensees the right to
use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote the content in any form,
anywhere and for any purpose; and warrant and represent that
you own or otherwise control all of the rights to the content
and that public posting and use of your content by Food Info
Net will not infringe or violate the rights of any third
party.
If you send us creative suggestions, ideas, notes,
drawings, or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall
remain, the property of Food Info Net. None of the Submissions
shall be subject to any obligation of confidence on the part
of Food Info Net, and Food Info Net shall not be liable for
any use or disclosure of any Submissions. Without limitation
of the foregoing, Food Info Net shall exclusively own all now
known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions.
Links
The Food Info Net Service may provide, or third parties may
provide, links to other World Wide Web sites or resources.
Because Food Info Net has no control over such sites and
resources, you acknowledge and agree that Food Info Net is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Food Info Net shall not be
responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
DISCLAIMER
Food Info Net uses diligent efforts to maintain the Food
Info Net Service, but Food Info Net is not responsible for any
defects or failures associated with the Food Info Net Service
or any damages (such as lost profits or other consequential
damages) that may result from any such defects or failures. In
addition, Food Info Net makes no guarantees as to the sites
and information located worldwide throughout the Internet to
which you may access as a result of the use of the Food Info
Net Service, including as to: (i) the accuracy, currency,
content, or quality of any such sites and information, or (ii)
whether any search using the Food Info Net Service may locate
unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE FOOD INFO NET SERVICE IS PROVIDED 'AS IS' AND YOU USE
IT AT YOUR SOLE RISK FOOD INFO NET EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, FOOD INFO NET MAKES NO WARRANTY THAT
THE FOOD INFO NET SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE FOOD INFO NET SERVICE
WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED
THROUGH THE FOOD INFO NET SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE FOOD INFO NET SERVICE IS DONE AT YOUR SOLE RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU FROM FOOD INFO NET PERSONNEL OR THROUGH THE
FOOD INFO NET SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVICED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Financial Information
The Food Info Net Service allows you to obtain information
on companies, stock prices, bonds, and other investments or
financial matters. The Food Info Net Service, including all
such financial information, is provided for informational
purposes only, and no information you may obtain is intended
by Food Info Net to be used for trading or investing purposes.
Food Info Net shall not be responsible for the accuracy,
usefulness or availability of any information transmitted via
the Food Info Net Service, and shall not be liable for any
trading or investment decisions made based on such
information.
Disclaimer Regarding Shopping Retailers
The Food Info Net Service provides shopping services to
help you locate and potentially purchase products from online
and offline retailers. Food Info Net does not, however,
control these independent retailers and Food Info Net does not
provide any assurance, warranty or guarantee of any kind that
you will be satisfied with their products or services. When
shopping by means of services provided by Food Info Net you
acknowledge and agree that: Food Info Net does not endorse any
of the products or services ("Merchandise") linked to from or
through the Food Info Net Service, nor has Food Info Net taken
any steps to confirm the accuracy or reliability of any of the
information provided by third parties through Food Info Net or
their own web sites. Food Info Net expressly disclaims any and
all representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party. We advise you to exercise your own judgment and
investigate as you deem necessary before proceeding with any
online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOD INFO NET SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FOOD INFO NET HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE FOOD INFO NET SERVICE AND/OR
PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE FOOD INFO NET SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE FOOD INFO NET SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE FOOD INFO NET SERVICE OR
OPERATION OF THE FOOD INFO NET SWEEPSTAKES. IN NO EVENT SHALL
FOOD INFO NETS TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU
ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH
OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD HARMLESS FOOD INFO NET INC., CBS CORPORATION, THEIR
PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL
THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM
YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF
SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER
USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY
FOOD INFO NET OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY
OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Food Info Net, in its sole discretion, may
terminate your password, account (or any part thereof) or use
of the Food Info Net Service, and remove and discard any
Content within the Food Info Net Service, for any reason,
including, without limitation, for lack of use or if Food Info
Net believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. Food Info
Net may also in its sole discretion and at any time
discontinue providing the Food Info Net Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Food Info Net Service under
any provision of this Terms of Service may be effected without
prior notice, and acknowledge and agree that Food Info Net may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Food Info Net Service. Further,
you agree that Food Info Net shall not be liable to you or any
third-party for any termination of your access to the Food
Info Net Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in
accordance with the laws of the State of New York, without
giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal
courts located in New York County in the State of New York and
you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the
entire agreement between you and Food Info Net relating to the
subject matter herein and shall not be modified by you except
in writing, signed by both parties. The Terms of Service will
inure to the benefit of Food Info Net's successors, assigns
and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
Food Info Net respects the intellectual property of others,
and we ask our users to do the same. Food Info Net may, in
appropriate circumstances and at its discretion, terminate the
accounts of users who infringe the intellectual property
rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please contact Food Info Net and provide us the following
information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
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