Last Updated on October 26 2023

1. FlavorSum and its affiliates (collectively, “FlavorSum,” “we,” “us,” or “our”) are pleased to provide you with websites, mobile applications, and other online or digital services (the “Online Services”).  These Terms of Use, together with any terms expressly incorporated by reference, including the FlavorSum Online Privacy Policy, govern your access to and use of the Online Services.  By using or accessing FlavorSum’s Online Services, clicking “I Accept,” or creating an account, you agree to these Terms of Use.  If you do not agree to these Terms of Use, you may not access the Online Services.

Please note that these Terms of Use contain a dispute resolution provision that requires arbitration, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail below. 

2. Relationship to Other Terms and Policies. Our Online Privacy Policy describes in detail our online information practices and how we gather, use, share, and protect your information when you use, access, or visit the Online Services.  By accessing or using the Online Services, you agree to our information collection and use practices as disclosed in our Online Privacy Policy.  You may review the Online Privacy Policy by clicking on the above link.

If there are additional terms associated with a specific Online Service, you will be presented with those additional terms at the time you access the Online Service (the “Additional Terms”).  Those Additional Terms supplement these Terms of Use for that particular Online Service and are incorporated herein.  To the extent there is any conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control with respect to the specific Online Services provided subject to those Additional Terms.

3. Restrictions on Use. FlavorSum owns, licenses, or has other rights to the information on our Online Services.  FlavorSum grants site visitors a nonexclusive right to access and use the Online Services solely for personal, informational, and noncommercial use.  We prohibit access to or use of FlavorSum’s Online Services, for example, for the purpose of obtaining materials, data, or information to gain a competitive advantage or for commercial purposes.  We also prohibit the sharing of your login credentials, such as usernames and/or passwords, if any, with third parties.  You agree to use the Online Services in accordance with all applicable laws and to be solely responsible for your conduct while accessing or using our Online Services.  FlavorSum reserves any rights not expressly granted by these Terms of Use.
4. 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.

5. 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.

6. 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.
7. 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FlavorSum OR ITS AFFILIATES OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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.

8. 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.

9. Governing Law. You and FlavorSum agree that your access to FlavorSum’s Online Services and these Terms of Use, and any dispute between you and FlavorSum relating to your use of the Online Services and these Terms of Use, will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law rules, except for the Dispute Resolution provision in paragraph 17 below.  FlavorSum makes no representation that the information and materials on our Online Services are appropriate or available for use in locations outside of
10. Severability and No Waiver. No waiver by FlavorSum of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by FlavorSum to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any part of these Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms of Use, and except as set forth in paragraph 17 (Dispute Resolution), all other parts of these Terms of Use are still valid and enforceable.  The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

11. FlavorSum can modify these Terms of Use at any time, in its sole discretion, without notice to you, and such modifications will be posted here and become effective upon posting online.  You agree to review these Terms of Use regularly because you will be bound by any changes made, and your continued use of the Online Services constitutes agreement to any modified terms. 
12. Term and Termination. FlavorSum can decide to suspend, restrict, limit, or terminate your access to its Online Services with or without a warning at any time for any reason in FlavorSum’s sole discretion.  You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Online Services.  FlavorSum can also assign its rights under the Terms of Use to any other party at any time without notice to you.  The provisions of paragraphs 1 (Introduction), 10 (Disclaimer of Warranties), 11 (Waiver, Release, and Limitation of Liability), 12 (Governing Law), and 17 (Dispute Resolution) will survive any suspension, restriction, limitation, or termination of access to the Online Services.
13. Entire Agreement. These Terms of Use constitute the entire agreement between you and FlavorSum pertaining to the subject matter hereof.  They supersede all other agreements, communications, or representations, oral or written, between us, past or present.
14. 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.
    1. Agreement to Arbitrate and Jury Waiver. You and FlavorSum mutually agree to resolve Disputes (as defined below) with FlavorSum in arbitration, as set forth in more detail below.  Both you and FlavorSum waive the right to a jury trial on any Disputes, to the fullest extent of the law.  The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Online Services, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Terms of Use, including any past, currently pending, existing, or future Disputes of any kind.  “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against FlavorSum employees related to the terms or conditions of their employment, claims by FlavorSum customers in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
    2. 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.
    3. 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.
    4. Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service provider or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims.  The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above.  The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above.  The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge.  The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the U.S. District Court for the Western District of Michigan or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree.  The arbitration will be conducted in Kalamazoo County, your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.  Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law.  Unless otherwise prohibited by law, all arbitration proceedings will be confidential to FlavorSum and you and closed to the public and anyone not a party to the proceeding.  The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Use.  Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or FlavorSum and only to the extent necessary to provide the relief warranted by your or FlavorSum’ individual claim.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
    5. 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.
    6. Federal Arbitration Act. These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
    7. Forum Selection. For any dispute not subject to arbitration, you and FlavorSum agree to proceed in state and federal courts covering western Michigan and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.  If FlavorSum does not enforce any rights under these Terms of Use at any point, it will not be deemed a waiver of any provision or right under these Terms of Use. 
15. 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.

16. Contact Information. For all questions about these Terms of Use, please contact Customer Care by filling out the form at contact@flavorsum.com.