Terms and Conditions
DESCRIPTION OF SERVICE
We are delighted to welcome you to this web site which offers access to high-value business and marketing information and complementary products and services (collectively, the “Site”). We wish for you to enjoy all the features and benefits that this site has to offer.
2. ACCEPTANCE OF TERMS OF SERVICE
The term ‘FoodProfitsMembership‘, ‘FoodProfitsmembership.com’, ‘Food Profits, ‘Food-Profits.com’, ’MarketingRestaurant.co.uk’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
3. CUSTOMER REGISTRATION REQUIREMENTS
To open an account, you will be asked to select a user-name and a password. You may also be asked to complete a profile (which will contain certain personally identifiable information and billing information) by providing FoodProfitsMembership.com with true, accurate, current and complete information as prompted by the site’s online registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or FooodProfitsMembership.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FoodProfitsMembership.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All information that you provide to us will be subject to the terms of our Privacy Statement.
You may not share your user-name or password with others. FoodProfitsMembership.com may refuse to permit you to use any user-name or password that FoodProfitsMembership.com in its sole discretion, deems offensive.
You will be solely responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of FoodProfitsMembership.com. You agree to (a) immediately notify email@example.com of any known or suspected unauthorised use(s) of your account or password or of any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information and (b) ensure that you exit from your account at the end of each session. FoodProfitsMembership.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. RESPONSIBILITY FOR ACCOUNT ACTIVITY
You are solely responsible for all usage or activity on your account or password, including use of your account or password by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at FoodProfitsMembership.com sole discretion.
6. FEES AND PAYMENTS
You will be charged a subscription fee. You will be charged additional fees if and when you licence, purchase or access certain products and services from or through the Site. Such subscription and other fees will be clearly posted, and no fee will be charged to your account unless you have agreed in advance to pay the fee for your specific purchase.
Memberships are billed in advance on a monthly basis or yearly basis. Each membership comes with a 30 day money-back guarantee. This means that if you are unsatisfied with the product, contact us within 30 days of the purchase date at firstname.lastname@example.org and we will honour your refund request. No fine print. No Hard Feelings. Failure to request a refund prior to the 30 day deadline will result in no refund being granted for the purchase of that month subscription.
After the 30 days are over, 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.
You can cancel your account at any time by emailing your request to email@example.com and you will not be billed thereafter. Please allow 24 hours from us receiving your request to auctioning your request.
FooodProfitsMembership.com reserves the right to change its fee structure at any time, including to increase or decrease fees or add any new fees or charges at any time. However, FoodProfitsMembership.com will not change the subscription fee applicable to any period for which you have already elected to subscribe.
7. CHANGES TO TERMS OF SERVICE (“TOS”)
FoodProfitsMembership.com may change, add or delete any one or more of the “TOS” by providing notice to you or by posting such changes on the Site. If any future changes are unacceptable to you, you may cancel your account by sending an e-mail to: firstname.lastname@example.org Such cancellation will become effective upon the expiration of the period for which you have paid your membership subscription. Your failure to cancel your account following the posting of notice of any changes will indicate your acceptance of the “TOS” as changed.
8. CHANGES TO SERVICE
FoodProfitsMembership.com may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Site at any time, including the availability of any feature, database, or content, with or without notice to you. FoodProfitsMembership.com may also impose limits on certain features and services or restrict your access to part or all of the Site without notice to you. You agree that FoodProfitsMembership.com shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation or restriction.
9. PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT
Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site.
Content available through the Site originates from FoodProfitsMembership.com and a variety of third party providers (each, a “TPP”). FoodProfitsMembership.com and each TPP is either the owner or an authorized licensee of such Content and each TPP has licensed FoodProfitsMembership.com to make its Content available to you through the Site. In order to protect and preserve FoodProfitsMembership.com’s and the TPP’s copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you use, licence or purchase through the Site:
1. You will abide by all copyright notices and copyright directives relating to or provided with the Content.
2. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content except where expressly authorised, in any form or medium, (ii) sell, loan or license any Content.
3. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein.
4. You will not remove any copyright notice from the Content.
10. DISCLAIMER OF WARRANTIES.
a. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FoodProfitsMembership.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FoodProfitsMembership.com MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FoodProfitsMembership.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE “TOS”.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FoodprofitsMembership.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FoodProfitsMembership.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF FoodProfitsMembership.com’s LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO FoodProfitsMembership.com UNDER THIS AGREEMENT OR THROUGH THE SITE.
The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that FoodProfitsMembership.com has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.
13. COMMUNICATIONS BETWEEN FoodProfitsMembership.com AND CUSTOMERS
FoodProfitsMembership.com reserves the right to provide you with information about products and services from FoodProfitsMembership.com and third party vendors. FoodProfitsMembership.com also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.
14. FORUMS, CLOSED GROUPS, OPEN GROUPS AND DISCUSSIONS
From time to time, the Site may conduct or facilitate electronic chat rooms, bulletin boards, news groups, forums and discussions on subjects of interest to its customers (collectively, “Groups and Forums”). In addition to any terms or conditions of participation that may be posted with respect to any specific Group or Forum, the following terms and conditions shall apply with respect to any Group or Forum in which you choose to participate and with respect to any content of whatever nature (”Materials”) that you upload to, publish or otherwise distribute or transmit (collectively “transmit”) in, on or through a Group, Forum or otherwise through the Site.
With respect to any Material that you transmit in, on or through a Group or Forum or otherwise through the Site, you hereby grant to FoodProfitsMembership.com a perpetual, royalty-free, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, publish translate, create derivative works from, distribute, perform and display such Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree not to use Groups and Forums or the Site to:
a. upload, post, email, transmit or otherwise make available any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an official of FoodProfitsMembership.com, group or forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
f. upload, post, email, transmit or otherwise make available any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
k. intentionally or unintentionally violate any applicable local, national or international law.
l. “stalk” or otherwise harass another; or
m. collect or store personal data about other users.
You are solely responsible for the content of any Material that you transmit in, on or through the Groups or Forums or otherwise through the Site. FoodProfitsMembership.com does not and cannot review every item of Material transmitted by you. However, while FoodProfitsMembership.com is not responsible for the content of your Material, FoodProfitsMembership.com reserves the right to delete, move, or edit Material that FoodProfitsMembership.com, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. FoodProfitsMembership.com also reserves the right to delete, move or edit Material as FoodProfitsMembership.com, in its sole discretion, deems necessary or appropriate, including for the formatting purposes of the particular Group or Forum. You hereby waive any so-called “moral rights” that you may have with respect to any deletions or edits that FoodProfitsMembership.com may make to your Materials. FoodProfitsMembership.com may terminate your ability to access and make use of any Group or Forum or the Site generally at any time upon determining that your Material is abusive, defamatory, absence, in violation of copyright or trademark laws or is otherwise unacceptable. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material.
15. COMPLIANCE WITH LAW/U.K AND INTERNATIONAL
In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of data and software exported from the United Kingdom or the country in which you reside.
16. REPRESENTATIONS AND WARRANTIES/INDEMNITY
You represent, warrant and covenant that you are at least 18 years old and that no Materials of any kind submitted through your account will (a) violate or infringe upon the rights of any third party (including copyright, trademark, privacy or other personal or proprietary rights) or (b) contain libellous, defamatory or otherwise unlawful material. You hereby agree to indemnify, defend and hold harmless FoodProfitsMembership.com, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of or relating to (i) the Material you submit, post, transmit or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) any violation of the TOS by you or any user of your account or (v) a breach of the representations and warranties made by you in this Section 16 or elsewhere in this Agreement. You agree to fully cooperate in the defence of any such claim.
17. TERMINATION BY YOU
You may terminate your account, effective at the end of the period for which you have subscribed to the Site, by sending an e-mail to: email@example.com Upon termination, you will receive a confirmation e-mail that the request has been processed. You are responsible for all membership and other fees and charges incurred by you or by any user of your account up to the time the account is deactivated.
18. TERMINATION BY FoodProfitsMembership.com
You agree that FoodProfitsMembership.com, in its sole discretion, may terminate your password, your account and/or your use of the Site, and remove and discard any Material within the Site, at any time and for any reason, including, without limitation, for lack of use of the Site or if FoodProfitsMembership.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FoodProfitsMembership.com may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and acknowledge and agree that FoodProfitsMembership.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that FoodProfitsMembership.com shall not be liable to you or any third-party for any termination of your access to the Site; provided that FoodProfitsMembership.com refunds to you a pro rata portion of the membership fees paid by you for periods after the effective date of the termination.
19. NOTICES TO YOU
Notices may be sent to you by e-Mail, SMS Text, Postal mail, or Air mail. FoodProfitsMembership.com may also provide notices of changes to the TOS or other matters by displaying such notices, or providing links to such notices, on the Site.
20. NO WAIVER/SEVERABILITY
FoodProfitsMembership.com’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision or remedy. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
21. ENTIRE AGREEMENT
This Agreement and the TOS stated herein constitute the entire agreement between you and FoodProfitsMembership.com with respect to your use of the Site and of the products and services that you obtain through the Site. This Agreement merges and/or supersedes any other agreements and understandings between you and FoodProfitsMembership.com, including any prior versions of the TOS.
22. CHOICE OF LAW/STATUTE OF LIMITATIONS
This Customer Agreement has been made in and shall be construed and enforced in accordance with the laws of England and Wales (United Kingdom) You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.