The Site allows users to learn more about Forward Foods’ products, including the Detour Bar, and to order Detour Bars and other products directly from Forward Foods. From time to time, the Site will also offer promotions, special offers and contests. To access these services, you will have to complete an online registration form. You agree that all information submit by you (“Registration Information”) will be valid, lawful and complete, and that you will update your Registration Information to keep this information true and complete.
2. PRODUCT PURCHASES
4. SITE USE
All users of the Site are subject to basic rules of good conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to: (i) refrain from violating applicable federal, state and international laws; (ii) refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to other users of the Site or any other individual; (iii) refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site; (iv) refrain from using the services provided on the Site to harm minors; (v) refrain from interfering with others’ use of the Site; (vi) refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site; (vii) refrain from using the services to create a false identity or to impersonate another person; and (viii) refrain from using the services to advertise Internet sites or services which are competitive to the Site. The foregoing rules set the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, in our sole discretion, to suspend or terminate your right to use the Site or the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive
5. POSTED CONTENT
As part of your use of the Site, you may be permitted to upload, post, distribute or disseminate (collectively, “post”) images, videos, files, data, information and other content and material (the “Posted Content”) on the Site. You hereby grant Forward Foods an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content (i) on the Site and to (ii) to promote and advertise the Site and Forward Foods’ products and services. In connection with these activities, you agree that Forward Foods has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Forward Foods does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content posted by other users will be at your own risk. Forward Foods does not confirm that each user is who he or she claims to be. While we exercise a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse does occur, you agree to hold Forward Foods (and its affiliates, directors, officers, employees, representatives, agents and partners (collectively “Related Parties”)) harmless from any claim arising out of or in any way connected with such misuse. Because Forward Foods is not involved in user-to-user dealings and does not control the behavior of users on the Site, in the event that you have a dispute with one or more users, you agree to hold Forward Foods and its Related Parties harmless from and against any claim arising out of or in any way connected with such dispute.
6. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All material and content contained on the Site, including, but not limited to graphics, images, logos, articles, videos, audio and digital clips, photographs and illustrations are the property of Forward Foods, its Site users or third parties and is protected by United States and international laws. No such material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices on such materials, (ii) make no modifications to such materials, and (iii) not download quantities of such materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights by downloading such material from the Site. When you download material from the Site, Forward Foods and our third party licensors grant you a license to use the Content for your personal, noncommercial use only.
If you believe any material on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:
(a) a description of the copyrighted work that you claim has been infringed;
(b) a description of where the alleged infringing material is located on the Site;
(c) your address, telephone number, and email address;
(d) 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;
(e) 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; and
(f) your physical or electronic signature.
The Forward Foods Designated Agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org.
7. THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links. Third party sites are not within the supervision or control of Forward Foods. Forward Foods makes no representations or warranties whatsoever about any third party site that is linked to the Site. A link to a third-party site from the Site does not constitute an endorsement of the products or services offered on such site. Forward Foods disclaims all responsibility and liability for content on third party websites. Forward Foods has not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites. We do not make any 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, and you hereby irrevocably waive any claim against Forward Foods and its Related Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
8. MODIFICATION OF TERMS
10. APPLICABLE LAW
11. ENTIRE AGREEMENT
14. DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. FORWARD FOODS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT PROVIDED OR THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED HEREIN, FORWARD FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THE SITE. USE OF THE SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, FORWARD FOODS DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE SITE OR SERVICES PROVIDED ON THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT FORWARD FOODS IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (i) USE OF THE SITE; (ii) DOWNLOADING MATERIAL FROM THE SITE; OR (iii) E-MAILS SENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT FORWARD FOODS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
15. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER FORWARD FOODS NOR ITS RELATED PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS.
THE AGGREGATE LIABILITY OF FORWARD FOODS AND ITS RELATED PARTIES SHALL BE LIMITED TO US $100.00 IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
Forward Foods LLC