Last Updated on October 26 2023
- Intellectual Property. The entire contents and design of our Online Services are protected under U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. FlavorSum’s Online Services also display multiple trademarks and service marks that are owned by FlavorSum and subject to the trademark rights of FlavorSum. You may look at our Online Services online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you may not copy the Online Services or any portion of them for commercial use or distribution, nor may you modify or repost them. You also agree not to display, reproduce, duplicate, copy, sell, resell, exploit, or use in any manner any trademark, service mark, or logo from the Online Services without the express written permission of the owner of the mark or logo.
Consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512), FlavorSum is a registered Service Provider with the United States Copyright Office. FlavorSum also reviews claims of trademark or other intellectual property infringement. Notifications of alleged copyright or other infringement must be sent to 3680 Stadium Parkway, Kalamazoo, MI 49009.
- User Supplied Material. Our Online Services may allow you to upload, store, and share content, including messages, texts, photos and other materials (“User Content”). Except as otherwise specifically noted in Additional Terms, your User Content is considered and will be treated as non-confidential, and you hereby grant FlavorSum a nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. If you supply or transmit any User Content via the Online Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity.
You understand that all information, data, or other materials that you and other users of the Online Services upload, post, transmit, publish, display, or otherwise make available through the Online Services, including information you share or make available to other users of the Online Services, are the sole responsibility of you or the person from whom such User Content originated. This means that you, and not us, are responsible for User Content that you upload, post, transmit, publish, display, or otherwise make available through the Online Services. Under no circumstances will we be liable in any way for or related to any User Content, including but not limited to any errors or omissions in User Content and any loss or damage resulting from use or reliance on User Content on the Online Services.
- Links to Other Sites. In an effort to provide you with additional information, FlavorSum’s Online Services may include links to third-party websites. We make no representations about any third-party websites. A hyperlink to another party’s website does not mean that FlavorSum endorses or accepts the content or use of the site or its privacy practices. The privacy practices of linked sites could be different from those of FlavorSum. If you access third-party linked sites from FlavorSum’s Online Services, you are solely responsible for the access and use of the third-party linked sites.
- Disclaimer on Communicating with FlavorSum by Text Messaging. If you choose to communicate with FlavorSum through text messages (SMS/MMS), FlavorSum cannot guarantee that communication via texts will be confidential. Data transmission over cellular airwaves cannot be guaranteed to be 100 percent secure. Additionally, FlavorSum will not be liable in the event that you or anyone else inappropriately uses your device or accesses your text data. You acknowledge and agree that FlavorSum will not be liable for improper disclosure of your information that is not caused by FlavorSum’s intentional misconduct.
Disclaimer of Warranties. You understand and agree that we do not provide any warranty with respect to the Online Services. Instead, you agree that your use of FlavorSum’s Online Services is at your own risk and that the Online Services are provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.
TO THE FULLEST EXTENT PERMITTED BY LAW, FlavorSum EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, FlavorSum DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE ONLINE SERVICES WILL BE CORRECTED.
FlavorSum IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, FlavorSum CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.
You understand that FlavorSum cannot guarantee that use of our Online Services will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data.
- Waiver, Release, and Limitation of Liability. YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, FlavorSum, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE ONLINE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES THAT RESULT FROM ANY ACT OR OMISSION OF FlavorSum, ITS AFFILIATES, ANY FlavorSum’S LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF FlavorSum, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE ONLINE SERVICES IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
- Dispute Resolution. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND FlavorSum CAN SEEK RELIEF.
- Class Action Waiver. To the maximum extent allowed by applicable law, you and FlavorSum agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and FlavorSum each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
- Pre-Arbitration Notice and Good Faith Negotiations. You and FlavorSum also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by FlavorSum will be sent to you at your last known street and email addresses on file and notice by you to FlavorSum will be sent by mail to FlavorSum’s Legal Department, 3680 Stadium Parkway, Kalamazoo, MI 49009, Attn: Legal. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Online Services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a FlavorSum employee, as applicable, depending on which party is initiating the Dispute. You and FlavorSum then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
- Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for Western District of Michigan (currently, $402.00). For individual damages claims with less than $25,000 at issue, FlavorSum will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse FlavorSum the other party for any amounts that other party paid for the arbitration.
- Interactive Areas and Security. FlavorSum provides email and interactive functions for you to communicate with us or otherwise post, submit, publish, display, or transmit content to other users or persons. FlavorSum reserves the right to monitor, review, or remove the content of these communications and materials but disclaims any responsibility to monitor these communications. Any content or opinions expressed on interactive features of the Online Services, including, without limitation, message boards, articles, and responses to questions, are solely the opinions and responsibility of the person or entity named as the author and do not necessarily reflect the opinions of FlavorSum.
Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the Online Services and your devices or applications in a secure and responsible manner. You, not FlavorSum, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.