Jump to Navigation

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CHECKING THE “I ACCEPT” BOX ASSOCIATED WITH THESE TERMS OF USE OR BEFORE ACCESSING, USING OR BROWSING ANY OF THE CONTENT OF THIS WEBSITE (THE “CONTENT”).

BY CHECKING THE “I ACCEPT” BOX, OR BY ACCESSING, BROWSING OR USING ANY OF THE CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

  1. YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
  2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
  3. THESE TERMS OF USE ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND SOMO INTELLIGENCE; AND
  4. IF ACCESSING, BROWSING OR USING ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE THEN DO NOT CHECK THE “I ACCEPT” BOX ASSOCIATED WITH THESE TERMS OF USE OR ACCESS, BROWSE OR USE ANY OF THE CONTENT.  MOREOVER, SOMO INTELLIGENCE DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

NO MEDICAL ADVICE

If you have a medical question, you should contact your physician.  If you think you have a medical emergency, call 911 (or outside-USA country equivalent emergency number) or your physician immediately.  The website was not intended to replace your physician for medical advice, nor is it intended to address medical emergencies.

The Content is not a medical recommendation service. Rather, the website is only a "conduit" or intermediary. The Content on the web site is presented in summary form, is general in nature, and is provided for informational purposes only.  The Content includes statements of opinion and not statements of fact or advice. You should obtain any additional information necessary to make an informed decision.

Always seek the advice of Your physician or other qualified Healthcare Provider for answers to any questions You may have regarding a medical condition. Neither the Content nor any other service offered is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on the website.

You agree to assume all responsibility in connection with your decisions, whether or not You obtained information to make such decisions via the website. SoMo Intelligence assumes no responsibility or liability for any advice, treatment or other services rendered, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

LICENSE

You agree by accessing, browsing or otherwise using the Content, the Content is and shall remain the sole property of SoMo Intelligence. Except as expressly permitted by us in writing, You agree that Your license to access, browse and/or use the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to any third party. You also agree that, with respect to any copy of the Content that You download, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by SoMo Intelligence in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not use any metatags, metaelements, "hidden text" or other equivalents using the names "SoMo Intelligence LLC" "Friendly Food Finder ", www.friendlyfoodfinder.com, "Friendly Food Finder account," " Friendly Food Finder privacy policy” or any other colorable equivalent without the prior written permission of SoMo Intelligence.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, feedback, concepts, comments, illustrations and other materials (other than information given in connection with registration) that are communicated by You (together, the "Submissions") will forever be the property of SoMo Intelligence or any of its related, affiliated or subsidiary companies, and You waive all of Your rights, including but not limited to moral rights, therein if applicable. Accordingly, You hereby assign to SoMo Intelligence without compensation or further obligation, all rights now known or hereafter existing in the Submissions.

Except as described in The Friendly Food Finder Privacy Policy, SoMo Intelligence or any of its related, affiliated or subsidiary companies will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future SoMo Intelligence operations. Without limitation, SoMo Intelligence will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. Except as otherwise noted in these Terms of Use, SoMo Intelligence will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person sending the Submissions.

You should be aware that if You post any health-related information about Yourself or anyone else, You do so at Your own risk. If You post Content about health related information about another individual, You represent that You have the legal authority to disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. Except as otherwise provided in this Agreement, neither SoMo Intelligence, nor any of the users of the website, have any legal obligation to keep Your health information confidential if You post it to the website and it may be used for purposes that are unintended by You or SoMo Intelligence.  You reserve the right to request that any health information you enter be removed from the website, which you may do by sending an email to info@friendlyfoodfinder.com specifically detailing the health information that you want removed.

Your Submission, including personally identifiable information, is voluntary and subject to the Friendly Food Finder Privacy Policy. You are responsible for the content of the Submissions and agree to defend (at SoMo Intelligence’s option and at Your sole expense), indemnify and hold SoMo Intelligence harmless from any damages, losses, costs, or expenses, including attorneys' fees, which SoMo Intelligence may incur as a result of Your Submissions.

If You access, browse or use the Content on a public computer or otherwise use a computer to which multiple people have potential access, be sure You are sufficiently disconnected and logged off the computer system You are using to prevent unauthorized Submissions or access to Your services account.

In addition, You agree that you are entirely responsible for any and all activities which occur under your account whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your account should You fail to sufficiently disconnect and/or log off the website and/or the public computer system. Accordingly, You absolve and release SoMo Intelligence from any claim of harm resulting from a third party undertaking the activities.

SoMo Intelligence retains the right to review, or delete any Submission, which SoMo Intelligence in its sole discretion considers illegal, offensive, faulty, suspicious or otherwise inappropriate or violates the terms and conditions of these Terms of Use.

AGE REQUIREMENTS

You must be at least 18 years of age to use the website and any Content on it.

USER IDS AND PASSWORDS

Access to certain areas of the Content may be limited by a user identifier ("User ID") and password, which are selected and/or supplied as part of the registering for a service account with the website. By registering, You represent, warrant and covenant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and complete information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto the website using any password, You represent, warrant and covenant that You are authorized to use such password and to engage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through the website. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password with any third party.

SoMo Intelligence reserves the right to deny or revoke access to the website, or any part thereof, at any time in our sole discretion, with or without cause. Your access to the website will terminate upon the termination of these Terms of Use for any reason. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify SoMo Intelligence immediately.

SITE MONITORING

SoMo Intelligence may monitor or review any areas on the website where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, SoMo Intelligence does not undertake to monitor or review every posting or communication, and SoMo Intelligence disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

While SoMo Intelligence may monitor the content of the communications from time to time, SoMo Intelligence does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of SoMo Intelligence, its officers, managers, owners, employees, agents, designees or other users.  SoMo Intelligence, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.

INTERACTIVE AREAS

SoMo Intelligence may, but is not obligated to, monitor or review any areas of the website where You transmit or post communications or communicate with the website or other users, including, but not limited to, forums, blogs, chat rooms, instant messaging sessions, newsgroups, bulletin boards, and other user-interactive areas (collectively "user-interactive areas"), and the content or any such communications. SoMo Intelligence, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

If You submit any material to any of the user-interactive areas, You hereby agree and warrant that the submitted material: (i) is not offensive, obscene, or otherwise contrary to the laws of any place where such user-interactive area may be accessed; (ii) is the original work of Your authorship or that You have the right to make the submission without violating the copyright, trademark, trade secret, patent or other intellectual property rights of any person or entity in any place where the user-interactive area may be accessed; and, (iii) is true and accurate and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law.

SoMo Intelligence retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, faulty or otherwise inappropriate. Thus, if notified of an allegation that the website contains infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, SoMo Intelligence may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from the website. Notices to the website regarding any alleged copyright infringement, under the Digital Millennium Copyright Act or otherwise, should be sent to info@friendlyfoodfinder.com.

PRIVACY POLICY

SoMo Intelligence recognizes the importance of protecting the privacy of visitors to the website. Please click here to view the Friendly Food Finder Privacy Policy. Any changes to the privacy policy will be communicated on such page.

COPYRIGHT

Friendly Food Finder and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use. Requests for permission to reproduce any of the prohibited Content should be submitted by sending an e-mail to info@friendlyfoodfinder.com.

TRADEMARKS

“Friendly Food FinderSM" and “SoMo IntelligenceSM” or any other future marks of SoMo Intelligence are service marks of SoMo Intelligence LLC, and except as provided in these Terms of Use, SoMo Intelligence does not grant You any rights thereunder. As such, Friendly Food Finder and SoMo Intelligence or any other future marks of SoMo Intelligence may not be used in any manner inconsistent with the provisions of these Terms of Use, without the prior written permission of SoMo Intelligence.

All other trademarks, service marks, domain names, logos, and company names (collectively "Other Trademarks") referred to on the website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of SoMo Intelligence or its affiliates or licensors. In countries where any of the Friendly Food Finder and SoMo Intelligence trademarks, service marks, domain names, logos and company names are not registered, SoMo Intelligence claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the website may be trademarks of their respective owners.

SoMo Intelligence does not grant to You any rights under any of the Other Trademarks, and You agree that You may not use any of the Other Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by SoMo Intelligence, You may contact SoMo Intelligence by sending an e-mail to info@friendlyfoodfinder.com to request written permission to use the trademarks for purposes other than stated in these Terms of Use or for all other questions relating to SoMo Intelligence.

OTHER INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of Friendly Food Finder and the Content, and all intellectual property rights embodied therein, are the property of SoMo Intelligence or its licensors, suppliers or affiliates.

Without limiting the foregoing, with respect to the databases ("Databases") used to store the Content and Submissions, You agree and acknowledge that:

  1. the Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to SoMo Intelligence, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;
  2. You will not, directly or indirectly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
  3. You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to compile mailing lists or other lists of manufacturers or retailers for commercial purposes;
  4. You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
  5. You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
  6. the rating system and methodology, and ratings of individual products or  manufacturers or retailers, are the property of SoMo Intelligence and may not be reproduced in any manner without our prior written permission. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
  7. misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause serious damage to SoMo Intelligence and that in such event money damages may not constitute sufficient compensation to SoMo Intelligence; consequently; and
  8. in the event of any misappropriation or misuse, SoMo Intelligence shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which SoMo Intelligence may be entitled.

In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.

NOTICE OF ENFORCEMENT

SoMo Intelligence vigorously enforces our intellectual property rights to the fullest extent of the law. Accordingly, SoMo Intelligence will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

LINKS

At certain places on the website, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of SoMo Intelligence. SoMo Intelligence does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. SoMo Intelligence provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in the website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by SoMo Intelligence.

There may be circumstances where access to the website is provided by a hypertext link located at another website. SoMo Intelligence has no responsibility for the content of such other web site, SoMo Intelligence does not make any representations or give any warranties or conditions with respect to any information contained in or at such other web site and SoMo Intelligence shall not be liable for any damages or injury arising from the content of or access to such other web site. SoMo Intelligence does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Content. Unless approved in writing in advance by SoMo Intelligence, You agree not to create any frames at any other sites pertaining to any of the Content.

ACCEPTABLE USE POLICY

This Acceptable Use Policy (the “AUP”), including the following list of Prohibited Activities, is an integral part of these Terms of Use.  If you engage in any of the activities prohibited by this AUP, SoMo Intelligence may exercise a variety of legal remedies, including, but not limited to, the suspension or termination of your access to and account with the website.  This AUP is designed to help protect SoMo Intelligence, its website members and users, and the Internet community in general from irresponsible and/or illegal activities. This AUP is a non-exclusive list of the actions prohibited by SoMo Intelligence.

Prohibited Activities include the following: 

  1. Sending Unsolicited Bulk Email ("UBE" or "spam"). The sending of any form of UBE through the website systems is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, landing page, email address or utilizing any of the website's resources, is prohibited.  The website’s accounts or services may not be used to solicit customers from, or collect replies to messages sent from, another Internet Service Provider where those messages violate this AUP or the AUP or terms of service of another provider.
  2. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by the website’s customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list
  3. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP. This prohibition, includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing and denial of service attacks.
  4. Operating an account on behalf of, or in connection with, or reselling a service to persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org or accessing networks that appear on commonly used blacklisted networks including, but not limited to, Don't Route or Peer ("DROP") list at www.spamhaus.org.  SoMo Intelligence reserves the right to restrict or deny access to all such networks.
  5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "hacking" and/or "cracking" and/or “password mining”).
  6. Obtaining or attempting to obtain service by any means or device with the intent to avoid or reduce payment.
  7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any  of the website members or users by any means or device.
  8. Knowingly engaging in any activities designed to harass, harm, overburden or cause damage to the system, any content included on the website or a third-party, including, but not limited to, denial-of-service (e.g., synchronized number sequence) attacks directed at any other user, whether on the website network or on another provider's network.
  9. Using the website's Services to interfere with the use of the website's network by other customers or authorized users. 
  10. Engaging your account or service for any other illegal or harmful activity including but not limited to child pornography or terrorism. 

If violations of this AUP occur, SoMo Intelligence  reserves the right to terminate services with or take any action SoMo Intelligence deems appropriate to stop the offender from violating this AUP, with or without notice.

DISCLOSURE OF INFORMATION ON THE WEBSITE

SoMo Intelligence may disclose information in or associated with a website post solely in the following situations.  Please see SoMo Intelligence’s Privacy Policy for more details.

To third party entities involved in SoMo Intelligence operations, subject to access controls and contractual requirements.

  1. When required by law, such as pursuant to a subpoena.
  2. In extraordinary circumstances, if SoMo Intelligence reasonably believes the disclosure is needed in response to an imminent physical threat to you or others, to defend or assert legal rights, or in response to an immediate health risk authenticated by medical personnel.

DISCLAIMERS

THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. SOMO INTELLIGENCE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. SOMO INTELLIGENCE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED THROUGH THE WEBSITE.

SOMO INTELLIGENCE DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT THE CONTENT AND YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DELETERIOUS CODES, OR OTHER HARMFUL COMPONENTS.  SOMO INTELLIGENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT SOMO INTELLIGENCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR OWN RISK.

SOMO INTELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE CONTENT WILL ASSIST YOU IN IDENTIFYING A REMEDY, SOLUTION, OR FOR ANY OTHER PURPOSE. SOMO INTELLIGENCE DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

LIMITATIONS ON LIABILITY

SOMO INTELLIGENCE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. SOMO INTELLIGENCEWILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF THERE IS NEGLIGENCE BY SOMO INTELLIGENCE OR BY AN AUTHORIZED SOMO INTELLIGENCE REPRESENTATIVE, OR AN AUTHORIZED SOMO INTELLIGENCE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. SOMO INTELLIGENCE'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO SOMO INTELLIGENCE, IF ANY, TO ACCESS THE CONTENT.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOMO INTELLIGENCE, SOMO INTELLIGENCE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ACTUAL OR ALLEGED CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

  1. YOUR USE OF ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE;
  2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT;
  3. ANY BREACH BY YOU OF THESE TERMS OF USE; AND
  4. ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCOUNT.

RELEASE FOR FORCE MAJEURE

You absolve and release SoMo Intelligence and its affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

TERM AND TERMINATION

These Terms of Use will take effect at the time You check the “I Accept” box or access, browse or use any of the Content, and continues in perpetuity unless terminated by You and/or SoMo Intelligence. SoMo Intelligence reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to any of the Content; (ii) to change, remove or discontinue any of the Content or services available; or (iii) to terminate these Terms of Use.

You may terminate this agreement at any time by destroying: (a) all of the Content obtained from this website, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon SoMo Intelligence's request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use which by their nature are intended to survive will survive the termination or expiration of these Terms of Use for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to SoMo Intelligence will be deemed to have been duly given only if in writing and delivered by email to info@friendlyfoodfinder.com and receipt acknowledged by SoMo Intelligence.  Notices to SoMo Intelligence shall be deemed delivered when actually received by SoMo Intelligence.

Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to or from SoMo Intelligence, You represent and warrant to SoMo Intelligence that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as described otherwise, SoMo Intelligence controls and operates this website from the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If You use this website from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of the Content and the terms and conditions of the Terms of Use are governed by U.S. federal law and/or the laws of the State of Connecticut, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUT, U.S.A., YOU AND SOMO INTELLIGENCE AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION

Any controversy or dispute between You and SoMo Intelligence (the "parties") concerning the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Connecticut. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.

WAIVER

No delay or omission by SoMo Intelligence to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by SoMo Intelligence of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

SEVERABILITY

If any portion of these Terms of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

INDEPENDENT CONTRACTOR

SoMo Intelligence is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between You and SoMo Intelligence.

CONTINUED USE DEEMED ACCEPTANCE

SoMo Intelligence reserves the sole and absolute right to interpret, apply, define and implement these Terms of Use.  SoMo Intelligence reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. All modifications will be posted on www.friendlyfoodfinder.com and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, SoMo Intelligence will deem Your continued use of the Content to constitute Your acceptance of and agreement to such modification. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between You and SoMo Intelligence with respect to Your use of the Content, and supersedes any and all prior understandings or agreements between You and SoMo Intelligence, whether written or oral. You acknowledge that, in providing You access to and use of the Content, SoMo Intelligence has relied on Your acceptance of these Terms of Use.

 



Main menu 2