TERMS OF USE AGREEMENT
TERMS OF USE AGREEMENT
Latest Version: [Date]
This Terms of Use Agreement (the “Agreement”) is made by and between you and MFSC LLC (the “Company”). By accessing and using the Company’s website (the “Website”), you agree that you have read, understand, and agree to comply with and be bound by the following terms and conditions.
-
Agreement. This Agreement specifies the terms and conditions for access to and use of the Website and describes the terms and conditions applicable to your access of and use of the Website. This Agreement may be amended, modified, revised, or updated at any time by the Company upon posting of the latest version of this Agreement on the Website. Any such amendments, modifications, revisions, or updates shall be effective immediately. You can view the latest version of this Agreement at any time at [www.myfoodsc.com]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
-
Privacy. Your access to and use of the Website is also governed by our Privacy Policy. Please review our Privacy Policy at [www.myfoodsc.com].
-
Ownership. All content included on the Website is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.
-
Trademarks. Trademarks, service marks, logos, copyrighted works, and other intellectual property appearing on the Website are the property of the Company or the party that provided such intellectual property on the Website. The Company and any party that provides intellectual property on the Website shall retain all rights with respect to any of their respective intellectual property appearing on the Website, and no rights in such materials are transferred or assigned to you.
-
Website Use. The Company grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal use. You agree not to assign, collect, copy, distribute, display, license, modify, publish, reproduce, scrape, sell, send, transfer, reverse engineer, or create derivative works from any content, data, information, materials, software, intellectual property, products or services contained on or otherwise connected to the Website. You agree not to use any content, data, information, materials, software, intellectual property, products or services contained on or otherwise connected to the Website in violation of any law. Your access and use of the Website is at the discretion of the Company. The Company may terminate your access and use of the Website at any time.
-
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
-
Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.
-
Disclaimer. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY PRODUCT, SERVICE OR INFORMATION IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
-
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE USING THE WEBSITE.
-
Use of Information. The Company reserves the right, and you authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy.
-
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
-
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property 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 Website;
-
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; and
-
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.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Valmir Rodrigues, who can be reached as follows:
By Mail: [753 Santolina Court, Waxhaw, NC, Zip Code 28173]
By Phone: [+ 980 229 3577]
By E-mail: [contact@myfoodsc.com]
-
Applicable Law. You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and the Company or its affiliates.
-
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
-
Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
-
Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
-
Relationship of the Parties. Nothing contained in this Agreement or your access to and use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
-
Age Restriction. You must be at least 18 years of age to access and use the Website. By accessing and using the Website, you are certifying that you are at least 18 years of age.
-
Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and governs the terms and conditions of your access to and use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. The Company may amend, modify, revise, or update this Agreement at any time by posting the latest version on the Website. Accordingly, you should periodically review this Agreement on the Website to determine if any changes have been made. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes to this Agreement.
-
Contact Information. Please contact us by mail, email or telephone if you have any questions about this Agreement.
MFSC LLC
753 Santolina Court,
Waxhaw, NC, Zip Code 28173
+ 980 229 3577