Updated October 2nd, 2017
Thank you for visiting forkintheroad.com. This Terms of Use agreement (“Agreement”) governs your access to and use of the services, websites, and applications (collectively the “Service”) offered by Fork in the Road Foods, LLC (the “Company,” “we,” or “us”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Service you agree to be bound by this Agreement.
Use of the Service, License Grant and Restrictions
You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or to users generally.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as it is provided to you. The Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Services, you must enter into a separate written agreement with us in advance.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, the Company’s computer systems, or the technical delivery systems of the Company’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by the Company (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Company; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content (as defined below) in such a manner as to interfere with or create an undue burden on the Service; (vi) use the Service for any unlawful purpose or for promotion of illegal activities; (vii) post any Content or use the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation (including any laws of a non-U.S. jurisdiction applicable to you); (viii) post Content that is hateful, abusive, threatening, profane, misleading, or otherwise objectionable; (ix) market, rent or lease the Service for a fee or charge, or use the Service to advertise or perform any commercial solicitation; (x) publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; (xi) use the Service for the purpose of spamming anyone; (xii) publish or link to malicious Content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; (xiii) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Service, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Service or any portion thereof; (xiv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (xv) represent that you are the owner of any part of the Service, including any of its individual files, drawings or documentation; (xvi) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Service; (xvii) incorporate the Service or any portion thereof into any other program or product; or (xviii) use the Service for any purpose other than in accordance with the terms and conditions of this Agreement.
Proprietary Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You may not copy any portion of the Service except as expressly permitted by the Service (e.g., “share” features). Nothing in this Agreement gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Company or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
User Content
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. Some areas of the Service may allow you to post Content, such as comments. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed).
We may not monitor or control the Content posted via the Service. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 the Service.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, and that the Company’s use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.
We reserve the right at all times (but will not have an obligation) to remove any Content on the Service and to terminate users. We also reserve the right to access, read, preserve, and disclose any Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.
Copyright Policy
The Company will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the DMCA: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
If we remove or disable access to any Content on the Service in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or Content. If you feel that your Content does not constitute infringement, you may provide us with a counternotification by written communication to our designated copyright agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
Our designated copyright agent to receive notifications and counternotifications of alleged copyright infringement appearing on the Service is:
Fork in the Road Foods
Attn: Copyright Agent
365 Ambar Way
Menlo Park, CA 94025
Email: copyright@ForkintheRoad.com
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. The Company will terminate a user’s account if the user is determined to be a repeat infringer. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Privacy
The Company values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service, you consent to the transfer of your information to the United States for storage, processing and use by the Company.
Third-Party Links
The Service may contain hyperlinks to web services operated by persons or entities other than the Company (“Third-Party Services”). We provide such links for your reference and convenience only. A link from the Service to a Third-Party Service does not imply or mean that we endorse the Content on that Third-Party Service or the operator or operations of that Third-Party Service. You are solely responsible for determining the extent to which you use any Content at any Third-Party Services to which you might link from our Service. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY SERVICE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY SERVICE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Disclaimers; Indemnification
Your access to and use of the Service and Content available on the Service is at your own risk. You understand and agree that the Service and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the fullest extent permitted by law, THE COMPANY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content available thereon. The Company will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify and hold harmless the Company and its affiliates, licensees and licensors, and their employees, contractors, agents, officers, members, managers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; or (ii) your violation of any provision of this Agreement.
Disputes
Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including, without limitation, injunctive and declaratory relief or statutory damages), and must follow this Agreement as a court would. Arbitration is more informal than a lawsuit in court, and allows for more limited discovery than in court.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Fork in the Road Foods, LLC, 365 Ambar Way, Menlo Park, CA 94025, Attention: Fork In The Road Marketing. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator will decide all issues, including, without limitation, issues relating to the scope and enforceability of this arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
International Access
The Service may be accessed from countries other than the United States. We control and operate the Service from offices located in the United States and all servers that make it available reside in the United States. We make no representations or warranties that the Service is appropriate for use or access in other locations. If you access and use the Service outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
General Terms
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. If you are accepting this Agreement on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead this Agreement and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
This Agreement is the entire and exclusive agreement between the Company and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between the Company and you regarding the Service. The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
The Company may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notice to our Users, provided that you may opt out of certain means of notice as described in this Agreement.
We may revise this Agreement from time to time. The most current version will always be on this page. If in our sole discretion the revision is material, we will notify you as provided in this Agreement at least seven days before the revisions become effective. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Agreement. Prior to each usage of the Service, you should review this page to determine the current Agreement to which you are bound. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Service.
The Service is operated and provided by Fork in the Road Foods, LLC, P.O. Box 411527, San Francisco, CA 94141. If you have questions about this Agreement, please contact us.
