Terms of Service
Welcome to ConnectFood, a software-as-a-service that is owned and operated by Connect Food, Ltd. and that enables you to generate your food safety plans online. ConnectFood is at times referred to in these Terms of Service as “the Service.”
Before setting up or using a ConnectFood account, you must read and agree to these ConnectFood Terms of Service. Your use of ConnectFood is governed by these Terms of Service. By using and/or establishing an account at ConnectFood, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.
These terms of service comprise a binding legal agreement between you and Connect Food, Ltd. Please review this agreement carefully.
By signing up for a ConnectFood account you are accepting to be bound by these terms of service, and you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the “terms”). Clicking on the “Register” button is the same as signing a hardcopy contractual agreement. If you do not agree to the terms of service, you should not click on this button.
1. The ConnectFood Service
ConnectFood is a software-as-a-service available at https://connectfood.com that allows you to use software developed and owned by Connect Food, Ltd. and offered as a software as a service in order to create, upload, store, transmit, disseminate, print and otherwise distribute food safety plans (herein, “Content”). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.
3. Modification of These Terms
When using ConnectFood, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines and rules are hereby incorporated by reference into these Terms of Service. Connect Food, Ltd. may, at its sole discretion, modify or revise these Terms of Service and policies at any time; by using The Service you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement and these Terms of Service, you may not use The Service.
4. A Commitment to High Availability
Aptible will use commercially reasonable efforts to make the ConnectFood Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Aptible SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
The Service Commitment does not apply to any unavailability, suspension or termination of the ConnectFood Services, or any other ConnectFood Service performance issues:
That result from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event such as: acts of God, terrorism, war, civil insurrection, strikes or other organized labor interruption, communications, mechanical, electronic, Internet or other utility interruptions or failures, including denial of service and other cyber-attacks or unauthorized or malicious data or system intrusions, including computer viruses or other malicious code, fire, explosions, floods or other natural disasters, or any similar cause;
- That result from any actions or inactions of you or any third party;
- That result from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That result from any Maintenance.
5. Use of the Service
You are responsible for your own communications and communications to and from your account with The Service, and for all Content sent to and from your account, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (A) use The Service (ConnectFood) to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Connect Food, Ltd.; (B) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (C) prevent others from using The Service; or (D) use The Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your account with ConnectFood, and may subject you to state and federal penalties and other legal consequences. Connect Food, Ltd. reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
6. Content of the Service, Ownership, Feedback, and Intellectual Property Rights
Connect Food, Ltd. takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Connect Food, Ltd. have any obligation to monitor such third-party content. Connect Food, Ltd. reserves the right at all times to remove or refuse to distribute any Content on The Service, such as content that violates the terms of this Agreement. Connect Food, Ltd. also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to (A) satisfy any applicable law, regulation, legal process, or governmental request, (B) enforce this Agreement, including investigation of potential violations hereof, (C) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (D) respond to user support requests, or (E) protect the rights, property, or safety of Connect Food, Ltd., its users and the public. Connect Food, Ltd. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of ConnectFood provided and owned by Connect Food, Ltd. are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of Connect Food, Ltd. or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to Connect Food, Ltd. or its affiliates and/or third-party licensors.
During the course of this Agreement or otherwise, You may provide, or Connect Food, Ltd. may solicit, input regarding ConnectFood, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of ConnectFood or any of Connect Food, Ltd. or Connect Food, Ltd.’s Affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”). Any information Connect Food, Ltd. discloses to You related to or in response to Feedback shall be protected as Confidential Information of Connect Food, Ltd.. For the consideration provided to You in the form of the right to use the ConnectFood, You agree that Connect Food, Ltd. shall own all rights, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential. Connect Food, Ltd. and its Affiliates will be entitled to use the Feedback without restriction. You hereby irrevocably assign to Connect Food, Ltd. all rights, title, and interest in and to the Feedback and agree to provide Connect Food, Ltd. any reasonable assistance Connect Food, Ltd. may require to document, perfect, and maintain its rights in the Feedback.
Connect Food, Ltd. does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your ConnectFood account.
7. User Representations and Warranties.
You are solely responsible for your Content and the consequences of uploading, storing, transmitting or otherwise distributing Content to and/or from your account. Except as set forth herein, Connect Food, Ltd. will not use any of Content for any purpose except to provide you with The Service.
By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that:
- A) the Content and any use of it does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) violate any securities law or regulation in any jurisdiction, or (iii) slander, defame, or libel any other person; and
- B) the Content does not contain any viruses, adware, spyware, worms, or other malicious code.
- C) the Content does not prevent others from using The Service.
Violators of any third-party rights may be subject to criminal and civil liability. Connect Food, Ltd. reserves all rights and remedies against any Users who violate these Terms of Service.
8. Content Disclaimer
You understand that when using ConnectFood you may be exposed to Content from a variety of sources, and that Connect Food, Ltd. is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Connect Food, Ltd. with respect thereto. Connect Food, Ltd. does not endorse any Content or any opinion, recommendation or advice expressed therein, and Connect Food, Ltd. expressly disclaims any and all liability in connection with Content.
9. Statement of Policies
Connect Food, Ltd. disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by User. In the event Connect Food, Ltd. receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by User violate these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Connect Food, Ltd. reserves the right to immediately remove the Content without notice to the User and without any obligation to investigate an allegation of infringement. Connect Food, Ltd. further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a User, without prior notice to User.
Connect Food, Ltd. further reserves the right to terminate User access to the ConnectFood website in the event User violates these Terms of Service.
10. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms of Service you agree not to:
- A) except as expressly permitted herein, use The Service for any purposes other than to access and use ConnectFood as such services are offered by Connect Food, Ltd.;
- B) share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;
- C) block ads if you are a free account user;
- D) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access ConnectFood accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via ConnectFood, or perform any other similar fraudulent activity;
- E) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of ConnectFood. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- F) use ConnectFood for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- G) defame, harass, abuse, threaten or defraud Users of ConnectFood, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- H) use ConnectFood if you are not legally competent to do so;
- I) remove, circumvent, disable, damage or otherwise interfere with security-related features of ConnectFood or User Content, features that prevent or restrict use or copying of any content accessible through ConnectFood, or features that enforce limitations on the use of ConnectFood or User Content;
- J) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of ConnectFood or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- K) modify, adapt, translate or create derivative works based upon ConnectFood or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- L) intentionally interfere with or damage operation of ConnectFood or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- M) use any robot, spider, scraper, or other automated means to access ConnectFood for any purpose or bypass any measures Connect Food, Ltd. may use to prevent or restrict access to ConnectFood;
- N) interfere with or disrupt ConnectFood or servers or networks connected to ConnectFood, or disobey any requirements, procedures, policies or regulations of networks connected to ConnectFood.
ConnectFood Software reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event ConnectFood Software determines, in its sole discretion, that your use of ConnectFood is in violation of these Terms of Service, ConnectFood Software shall have the right without recourse by the User to immediately terminate your account.
11. Account, Payment, Refund, Upgrading, and Downgrading
When you use ConnectFood, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to Connect Food, Ltd. on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Connect Food, Ltd. You may be liable for the losses incurred by Connect Food, Ltd. or others due to any unauthorized use of your ConnectFood account.
- A) A valid credit card is required for all accounts;
- B) If you initially sign up for a premium (non-free) account that includes a free trial, and you don’t cancel that account within the specified free trial period, you will be billed monthly at the date and time that your free trial period ends. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you cancel prior to the processing of your first invoice, during your free trial period, you will not be charged;
- C) An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading;
- D) The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
- E) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;
- F) For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
- G) You may increase the number of Named Users permitted use of ConnectFood at any time by purchasing additional Subscriptions if the additional Named User exceeds your current Subscription Level capacity.
- H) Connect Food, Ltd. reserves the right to suspend Your use of ConnectFood at any time until all past due fees are paid in full.
- I) Connect Food, Ltd. reserves the right to adjust its pricing at any time upon written notice.
- J) Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ConnectFood Software does not accept any liability for such loss.
12. User Indemnifications and Hold Harmless
User agrees to defend, indemnify and hold harmless Connect Food, Ltd., its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Connect Food, Ltd. may sustain or incur by reason of (a) use of ConnectFood website, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from User Content submitted by User, (d) any claim that any User Content submitted by User caused damage to a third party, (e) any allegation or claim that Use of ConnectFood by Users constitutes a securities violation in an jurisdiction, or (f) any other violation of these Terms of Service. User’s obligation to defend, indemnify and hold harmless Connect Food, Ltd. shall survive these Terms of Service and CONNECTFOOD.
13. Disclaimer of Warranties
Use of ConnectFood shall be at user’s sole risk. To the fullest extent permitted by law, Connect Food, Ltd., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with ConnectFood and use thereof. Connect Food, Ltd. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of website content, (ii) personal injury or damage, of any nature whatsoever, resulting from access to and use of ConnectFood, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through ConnectFood website by any third party, and/or (iv) 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, transmitted, or otherwise made available via ConnectFood.
The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, the Connect Food, Ltd. gives no warranty or representation that the ConnectFood will be wholly free from defects, errors and bugs. The Customer also acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, Connect Food, Ltd. gives no warranty or representation that ConnectFood will be entirely secure.
Connect Food, Ltd. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through ConnectFood or any hyperlinked website or featured in any banner or other advertising. Connect Food, Ltd. will not be a party to or in any way be responsible for monitoring any transaction between a user and third-party providers of products or services.
14. Limitations of Liability
User agrees not to hold Connect Food, Ltd., its officers, directors, employees or agents liable for any loss or damage, whether direct, indirect, incidental, special, punitive, or consequential, incurred as a result of user’s use of ConnectFood, (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or damage of any nature whatsoever, resulting from user’s access to and use of ConnectFood, (iii) any interruption or cessation of transmission to or from ConnectFood, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through ConnectFood by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of user’s use of any content posted, emailed, transmitted, or otherwise made available via ConnectFood, whether based on warranty, contract, tort, or any other legal theory, and whether or not Connect Food, Ltd. is advised of the possibility of such damages.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
A) You may cancel your use of The Services and/or terminate your account and this Agreement with or without cause at any time by providing notice to Connect Food, Ltd.; provided, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for Connect Food, Ltd. to process the termination. You may terminate your account ONLY in the manner set forth in this section 15. In addition to the right to terminate your account for using ConnectFood in a manner that violates these Terms of Service as provided in section 10, Connect Food, Ltd. may at any time and for any reason terminate The Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the ConnectFood system for a period of thirty (30) days after the date of termination or expiration of this Agreement. Thereafter, Connect Food, Ltd. shall have no obligation to preserve, maintain, store or make Your Data available and may delete or destroy Your Data and all copies on its systems or otherwise in its possession or control, except to the extent prohibited by law..
B) In order to terminate your account, you may contact Connect Food, Ltd. via email or telephone. You may also terminate your account from the Account page in the Service.
16. Protecting Trade Secrets.
ConnectFood is provided with RESTRICTED RIGHTS and constitute “Restricted Computer Application.” “Restricted Computer Application,” as used in this clause, means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is unpublished copyrighted computer software, including minor modifications of any such computer software. Use, duplication or disclosure by the U.S. Government, its agencies and/or instrumentalities, is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer software clause at 48 C.F.R. 252.227-7013 or subparagraphs (i) (1) and (2) of the Commercial Computer Application Restricted Rights of 48 C.F.R. 52.227-b19, as applicable, or their respective successor provisions. In addition, or alternatively, at Connect Food, Ltd.’s’ option, all software and software-related items licensed herein are “Commercial Computer Application” or “Commercial Computer Software Documentation” as defined in FAR 12.212 for civilian agencies and DFARS 227.7202 for military agencies, as applicable, or their respective successor provisions. The intent of the parties is that no intellectual property rights or confidentiality of the Application is lost, diminished or transferred as a result of the execution of this Agreement. For purposes of this Agreement, the Application is unpublished – all rights reserved under the Copyright Laws of the United States.
Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), Recipient is on notice and acknowledges that, notwithstanding the foregoing or any other provision of this Agreement:
- Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that- (A) is made- (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
- Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual- (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.
All Food Safety Plan, HACCP, and Standard Operating Procedure templates are intended for initial guidance and not intended for final, production use “as is”. The User / Owner operators are responsible for their implementation and modifications to ensure they accurately reflect their operations.
18. Miscellaneous Terms
- A) These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, except for its conflicts of laws principles. User consents to the exclusive jurisdiction and venue in the state and federal courts in Cook County, Illinois.
- B) Connect Food, Ltd. may transfer and assign these Terms of Service without restriction. User may not transfer or assign any of these Terms of Service.
- C) User affirms and warrants that User is legally competent to enter into these Terms of Service, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
- D) If any provision of these Terms of Service is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.
- E) No waiver of any term of these Terms of Service shall be deemed to constitute a continuing waiver of such term.
- F) Connect Food, Ltd. may publish Your name and logo on Verse Solutions’ web site and refer to You as a customer in Verse Solutions’ online, print and other advertising and materials, but only in a factually accurate manner.
- G) Connect Food, Ltd. may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on ConnectFood. Notice will be deemed given twenty-four hours after email is sent, unless Connect Food, Ltd. is notified that the email address is invalid. Alternatively, Connect Food, Ltd. may give you legal notice by mail to a postal address, if provided by you through ConnectFood. In such case, notice will be deemed given three days after the date of mailing. Notice posted on ConnectFood is deemed given five (5) days following the initial posting.
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