TERMS OF USE AND NOTICE OF COPYRIGHT INFRINGEMENT

These Terms of Use (“ToU”) apply to United In Food’s website including the mobile versions of the website (individually and collectively, the “Sites”) that expressly adopt and display or link to these ToU and that are owned, operated and controlled by United In Food. The Sites are subject to these ToU. By visiting, registering with or shopping with the Sites, you agree to accept and be bound by these ToU which can be updated from time to time, and United In Food’s privacy policy. United In Food reserves the right to make changes to the Sites and these ToU at any time in our sole an absolute discretion. The most current version of the ToU will supersede all previous versions and can be reviewed by clicking on the “Terms of Use” link located in the bottom navigation bar. Your use of the Sites after changes are made to the ToU signifies your agreement to such changes. If any provision of these ToU shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section.

TRADEMARKS:  United In Food retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “the Marks”). The Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S.A. federal, state and international laws and treaties.  No license to the use of the Marks is granted to you under these ToU or by your use of the Sites. Your misuse of the Marks displayed on the Sites is strictly prohibited.

COPYRIGHT:  All content included on the Sites including but not limited to HTML code, scripts, text, graphics, logos, icons, images, video, licensed fonts, software created to provide mobile applications and audio, etc. (individually and collectively, “Materials”) is United In Food’s property or the property of United In Food’s content suppliers and protected by United States and international copyright laws. All software used on the Sites is United In Food’s property or the property of United In Food’s service providers or suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS:  United In Food grants you a limited license to access and make personal use of the Sites. No right, title or interest in the Materials is conveyed to you.  You may not download (other than page caching) or modify the Sites or any portion except with United In Food’s express written consent. This license does not include any resale or commercial use of the Sites or the Materials; any collection and use of any content, product listings, descriptions or information; any derivative use of the Sites or the Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.  The Sites or any portion of may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed or otherwise exploited for any commercial purpose without United In Food’s express written consent. All rights not expressly granted are reserved by United In Food.

Special Notice:  United In Food has a zero-tolerance policy regarding use of the Marks and names in metatags and/or hidden text. The use of the Marks and names in metatag keywords is trademark infringement and the use of the Marks and names in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.  You may not, without United In Food’s express written consent, do any of the following: (a) link to any web page on the Sites; (b) use any meta tags or any other “hidden text” utilizing the Marks and/or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of the Marks or other Materials with advertisements and/or other information not originating from the Sites.

Any unauthorized use terminates your limited license and United In Food may revoke this limited license at any time for any or no reason. In the event of a violation of these ToU, United In Food reserves the right to seek all remedies available by law and in equity. United In Food retains the right at its sole discretion to deny access to anyone to the Sites, at any time and for any or no reason, including, but not limited to, for violation of these ToU. You are also advised that United In Food will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

COMMENTS, COMMUNICATIONS AND OTHER CONTENT:  The Sites may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos or other information (individually and collectively, “User Submissions”). You understand that User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, United In Food does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their being published on the Sites. United In Food has the right, but not the obligation, to monitor or remove any User Submission. United In Food takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.

By posting or submitting User Submissions, and unless United In Food indicates otherwise, you grant United In Food an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant United In Food and our sub licensees the right to use the name that you submit in connection with such content, if they choose.

In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to United In Food as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on the Sites or otherwise by United In Food, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow United In Food to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify United In Food for all claims resulting from your User Submission(s).

PROHIBITED USES OF THE SITES:  You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that:  (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of “spam”; (e) use a false email address, impersonates another person or entity, including of United In Food and its employees, representatives or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of United In Food, restricts, impairs, interferes or inhibits any other user from using or enjoying the Sites and/or United In Food’s services and products.

NOTICE OF COPYRIGHT INFRINGEMENT:  United In Food does not permit copyright infringing activities on the Sites and may remove any content of any kind, for example, if properly informed that the content infringes upon another’s copyright rights. United In Food may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to the Sites is determined to be a repeat infringer.  If you are a copyright owner or an agent thereof and believe that any content on the Sites infringes upon your copyrights, you may notify United In Food by providing the following information in writing (via email):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
  3. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit United In Food to locate the same;
  4. Information reasonably sufficient to permit United In Food to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

United In Food’s agent for notice of claims of copyright infringement can be reached at info@UnitedInFood.com. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

INFORMATION ON THE SITES:  United In Food attempts to be as accurate as possible regarding the information and content on the Sites, including but not limited to, names, addresses, contact information, hours of operation, product descriptions, pricing and availability (individually and collectively, the “Content”). However, unless specifically stated otherwise in writing on the Sites, United In Food does not warrant that the Content on the Sites is accurate, complete, reliable, current, or error-free.  From time to time, there may be Content on the Sites that contains typographical errors, inaccuracies or omissions. United In Food reserve the right to make changes of the Content without notice. The inclusion of any Content on the Sites does not imply or warrant that such Content will be available over the internet at any particular time.

 LINKING:  Links may be established from the Sites to one or more external websites or resources operated by third parties (individually and collectively, the “Third-Party Sites”). In addition, select Third Party Sites also may provide links to the Sites.  None of such links should be deemed to imply that United In Food endorses the Third-Party Sites or any content therein. United In Food does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites.  Access to any Third-Party Sites is at your own risk and United In Food will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.

 OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY:  United In Food may offer giveaways, contests, surveys and other promotions through the Sites. In addition to these ToU, such giveaways, contests, surveys and other promotions will be governed by terms and conditions specific to those promotions.  If there is a conflict between these ToU and the terms and conditions for the giveaways, contests, surveys and other promotions, the terms and conditions for such giveaways, contests, surveys and other promotions will control.

APPLICABLE LAW:  By visiting the Sites, you agree that the laws of the State of New Mexico, United States of America, without regard to principles of conflict of laws, will govern these ToU and any dispute of any sort that might arise between you and United In Food.

DISPUTES: Any dispute between you and United In Food concerning the Sites or any Materials located on the Sites shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that United In Food may commence action against you in a court of law for infringement of United In Food’s intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in such place agreed to by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these ToU or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:  THE SITES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UNITED IN FOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.  UNITED IN FOOD DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, SERVERS OR EMAIL SENT FROM UNITED IN FOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN NO EVENT WILL UNITED IN FOOD BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF UNITED IN FOOOD IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS:  Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law.  In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey.  Therefore, the following provisions of these ToU shall not be applicable to New Jersey residents: (1) in the Disclaimer of Warranties and Limitation of Liability section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent United In Food was negligent or have breached our obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (2) in the Comments, Communications and Other Content section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these ToU; and (3) in the Disputes section, (a) the provisions which limit the time within which claims against United In Food must be brought, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.

Effective:  December 31, 2017