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Terms of Use Agreement

Last Updated 2021/12/16

NOTE THAT THESE TERMS OF USE CONTAIN A LIMITATION OF OUR LIABILITY.

This website (accessible through the domain thefoodworks.com) (the “Website”), is owned and operated by The Food Works, LLC (“TFW”). This Agreement is a legal contract between you and TFW and applies to your use of the Website, including any information and materials therein. By accessing all or any part of the Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use the Website except as expressly provided in this Agreement. If you do not agree to this Terms of Use Agreement, you should not access or use the Website.

Copyright

This Website is the property of TFW and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All TFW product or service names or logos appearing on the Website are either trademarks or registered trademarks of TFW and/or its affiliates. TFW does not, and will not, waive any of its trademark or other intellectual property rights concerning any such name or logo unless such waiver is in writing signed by TFW. All other product or service names or logos are trademarks or registered trademarks of their respective owners, are used by TFW with permission, and may not be used by anyone else without consent from such owners. TFW does not grant you permission to use such other parties’ product or service names or logos.

No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that TFW authorizes you to view, copy, download, and print TFW documents and materials that are available on the Website, subject to the following conditions:

  • The documents and materials may be used solely for noncommercial, informational and/or personal purposes only.
  • The documents and materials may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

You may also provide a link to the Website without limitation, but you may not provide any of the Website’s content or materials on another website (by copying, framing, embedding or otherwise) without TFW’s prior written approval.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any materials displayed or accessible on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of TFW or such third party that may own the copyright of or other rights to the material displayed on the Website.

No Warranty

Your use of the Website is at your own risk. TFW does not warrant the accuracy or timeliness of the information and materials contained on the Website. TFW has no liability for any loss of, or errors or omissions, whether provided by TFW, our affiliates, our licensors or suppliers, or other users.

The information and materials contained on the Website, including text, graphics, links or other items, are provided “as is” and “as available.” TFW does not warrant the accuracy, adequacy, timeliness, or completeness of this information, materials, or the Website’s safety and security, and expressly disclaim liability for errors, omissions or other defects, or delays or interruptions in this information and materials, and the Website’s interoperability, unavailability, or security vulnerabilities. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

The Website may contain links to third-party websites (“Linked Sites”). Such Linked Sites are not under TFW’s control, and TFW is not responsible for their content, security, functionality or any other information, product or service offered on any Linked Site. Inclusion of a link to a Linked Site is not an indication of any partnership, affiliation, endorsement or any other relationship between TFW and the Linked Site or its owner. For the terms of use and other policies pertaining to the Linked Sites you should review the terms of use and policies posted on the Linked Sites.

TFW assumes no responsibility for, and does not insure, guarantee, or otherwise protect you with regard to purchases you make from vendors linked to or otherwise mentioned on the Site.

Disclaimers

TFW may alter, suspend, or discontinue the Website at any time for any reason, without notice or cost. The Website may become unavailable due to maintenance or malfunction of computer equipment or other reasons and TFW shall not be liable for any damage caused by such unavailability.

The Website is not intended to, and does not, provide medical advice. For medical advice, you should consult a trained physician. Additionally, the Website does not guarantee that foods or recipes on the Website do not contain allergens to which you are allergic. To determine if you are allergic to any foods or recipes listed on the Website you should research the foods and ingredients, contact the chef, and/or consult a medical professional.

Indemnity

By using the Website, you agree to indemnify, hold harmless and defend TFW and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based, either directly or indirectly, on your use of the Website or the information herein, or your violation of this Agreement or the rights of others, or your termination of access to the Website. The information on the Website is provided with the understanding that TFW providing such information does not constitute the rendering of professional advice or services.

LIMITATION ON TFW’S LIABILITY

BECAUSE THE AMOUNT OF DAMAGES FOR YOUR USE OF THE WEBSITE IS UNCERTAIN AND NOT EASILY QUANTIFIABLE, TFW’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER AS A RESULT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE OR PASSIVE) OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN FIFTY (US $50) DOLLARS.

IN ADDITION, TFW WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.

Acceptable Use

You may not use the Website to:

  1. Violate or attempt to violate the security of the Website in any way, including, but not limited to, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  2. Transmit via or through the Website any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which TFW considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
  3. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
  4. Display material that exploits children under 18 years of age;
  5. Impersonate any other person;
  6. Intentionally or unintentionally violate any applicable local, state, national international or foreign law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
  7. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of content or barring access to the Website. The final decision of whether any information, code or other material is in violation of any of these policies is at the sole discretion of TFW. You agree that violations by you, or any person or entity acting on your behalf, of the terms of this Agreement will entitle TFW, in addition to any other remedies including referral for criminal prosecution, to remove any content, code or other material, and take any other actions that TFW believes is necessary to protect itself, its users, and the Website.

User Provided Content

Except as may be provided in another written agreement between you and TFW, any information, ideas, concepts, know-how, or techniques (“Ideas”) contained in any communication to TFW through the Website or email shall become the exclusive property of TFW and TFW may make use of the Ideas anywhere, in any medium, for any purpose, including developing and offering products and services using such Ideas, without compensation to you.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Massachusetts without giving effect to conflict of law principles. You and TFW agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in or covering Middlesex County, Massachusetts for the purpose of litigating all disputes relating to the Website.

Policies

You shall use the Website only in compliance with TFW’s published policies then in effect and all applicable laws and regulations.

You can view TFW’s privacy policy for the Website here [LINK].

Revisions to the Terms of Use

We may revise this Agreement from time to time. If we do, those revisions will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of this Agreement. All revisions will result in an update to the effective date of this Agreement at the top of the page. We encourage you to check the effective date of this Agreement whenever you visit TFW’s Website. Your continued access or use of the Website constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website.

Consent to Electronic Communications

If you provide us with your email address, and choose to receive email communications from us, you thereby consent to receiving certain electronic communications from TFW. If allowable under applicable law, any notices, agreements, disclosures, or other communications that TFW is required by law to send to you in writing will be sent to you electronically, if allowed by applicable law. If applicable law does not provide for such electronic communications to satisfy legal communication requirements, including that such communications be in writing, then by providing us with your email address and choosing to receive emails from us, you agree that such electronic communications satisfy any legal communication requirements, including that such communications be in writing.

Children

This Website is intended for use by persons age 18 and over. By using that portion of the Website, or signing up to utilize that portion of the Website, you hereby represent and warrant that you are 18 years old or over. If TFW discovers that you are under the age of 18 and using the Commercial area of the Website, TFW reserves the right to block or otherwise prevent your future access to or use of that portion of the Website.

General

This Agreement constitutes the entire and exclusive agreement between You and TFW regarding use of and access to the Website.

You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without TFW’s prior written consent. TFW may assign this Agreement at any time without notice.

The failure to require performance of any provision will not affect TFW’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Neither TFW nor you will be in violation of this Agreement if a failure to perform any obligation is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events.

Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.

Contact Information

The Website is offered by The Food Works, LLC, 74 Lakeview Ave Cambridge MA 02138. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@thefoodworks.com. Report misuse of the Website at help@thefoodworks.com.