FOOD & DRINK RESOURCES, LLC
1. Acceptance of Terms
We can change these Terms from time to time with or without notice to you. It is your responsibility to periodically review the Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
In these Terms, “Affiliates” includes our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in creating, producing, and/or delivering this Site and/or contents and offerings available on the Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, DO NOT USE THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.
2. Site Conduct, Posting Policies & Third Party Websites
User-Created Content Guidelines: Your use of the Site, including the Blog, is subject to all applicable laws and regulations, and you are solely responsible for any content posts on the Site (including the Blog). By posting information on the Site, you agree that you will not post comments, messages, links, code, or other information that:
A.is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
B.victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
C. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
D.consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
E.contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
F.breaches the security of the Site, compromises or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to another network or server via your use of the Site;
G.impersonates any person or entity, including any of our employees or representatives.
No Endorsement. We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. Such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind.
3. Company Intellectual Property
Content. For purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by us or our Affiliates.
Ownership of Content. All Content presented on this Site is protected by any and all intellectual property and/or other proprietary rights available under law and is the sole property of Company or its Affiliates.
“Food & Drink Resources”, “FDR”, and the “fork logo” are trademarks and/or service marks of Food & Drink Resources, LLC. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or name of the Company or its Affiliates.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site in any form or by any means without prior written permission from us. Any unauthorized use of Site Content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
4. Content You Create.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content, we may remove or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your or someone else’s copyright has been infringed by Company Content or User Content on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine the Rights Holder’s rights and legal obligations. Nothing in these Terms or anywhere on the Site is intended as legal advice. To file a takedown notice, the Rights Holder must provide the following information:
A.Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, for example, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
B.Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s rights (for example, URL of the page(s) that contain(s) the material);
C.The Rights Holder’s contact information (including, for example, mailing address, telephone number, and email address);
D.A statement that the Rights Holder has a good faith belief that the use of the identified material is not authorized by the copyright owner, its agent, or the law;
E.A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
F.The Rights Holder’s electronic signature.
Notice may be sent:
BY MAIL TO:
Food & Drink Resources, LLC
6555 S. Kenton Street. #302
Centennial, CO 80111
BY EMAIL TO:
ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AT ANY TIME WITHOUT NOTICE. THE CONTENT MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
6. Limitation of Liability & Indemnification
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
7. Termination of Use
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site and reporting you to the proper authorities, if necessary.
8. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction.
Governing Law. This Site is controlled by us from our offices in the State of Colorado and the statutes and laws of the State of Colorado shall be controlling, without regard to conflicts of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Arapahoe County, Colorado and the U.S. District Court for the District of Colorado with respect to such matters controlled by that court.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to our address at Food & Drink Resources, LLC, 6555 S. Kenton Street #302, Centennial, Colorado 80111, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by regular U.S. mail; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These Terms constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings regarding said subject matter. These Terms may NOT be altered, supplemented, or amended by the use of any other document. Any use of “including” herein means without limitation. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.