TERMS OF SERVICE
Last Updated 5/20/2022
Food Lab, Inc. (“we,” “our,” or “us”) offers food label compliance and consulting services (the “Services”). These Terms of Service govern your use of our Services and related website, foodlab.com (the “Site”).
Please read this page carefully. When you use our Services or visit our Site, you agree to be bound by these Terms of Service. In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound by these Terms of Service, please do not use our Services or Site.
Please note that these Terms of Service are subject to change. We, in our sole discretion, may revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you. Please also note these Terms of Service contain provisions that govern how disputes between you and us are resolved, including an arbitration provision, a jury trial waiver, and a class action waiver.
1. THE SERVICES
A. In General. We offer a variety of consulting and compliance services for food companies. You can view the Services we currently offer on our pricing page at https://foodlab.com/services-pricing/. While the Services may include the production of a digital nutritional fact panel, the Services do not include the production of physical labels or physical nutrition fact panels.
Please note that we may change the scope and price of our Services from time to time. We will update our pricing page to reflect these changes. If you have any questions about the Services we offer, or what is included in a particular package, please reach out via email ([email protected]) or phone (855-366-3522).
B. Requirements for the Services. Our Services are subject to the Terms and Conditions available here [https://foodlab.com/terms-conditions/] (the “TOC”). Before we can provide you with any Services, you must (1) sign and agree to be bound by our TOC; (2) pay us for the Services; and (3) sign any additional documentation required by us, such as chain of title forms.
C. Disclaimers/warranties specific for the Services. The Services, and the data, reports, and analysis resulting from the Services are made and prepared based upon the information provided by you or (if applicable) a third party laboratory analyzing information/samples that you have provided. For instance, nutritional analysis information generated through the Services is based on the estimated database analysis using available standard USDA ingredients or specific brand name ingredients that are contained within our computer database programs. You acknowledge and agree that because some nutritional values may vary depending on the exact ingredients and specific brand name ingredients used by you, we are not responsible for any damage, loss, fees or penalties caused by these variances in the nutritional values.
To be clear, we do not have an on-site laboratory, and we do not check or investigate the accuracy of the information you provide to us. In our sole discretion, we may conduct a brief spot review of the information you provide to us and let you know if there seems to be obvious errors/omissions. However, we do not guarantee or promise that we will do a spot review, or that (if we do a spot review) it will be error free/accurate.
Since we prepare all nutrition facts, ingredients lists, allergen lists, and other consulting documents based on your recipes (and other information that you provide to us), you represent and warrant that all information and documentation that you provide to us is accurate.
You also acknowledge and agree that we do not guarantee the 100% accuracy of our Services. This is because the sample, recipe, or documentation that you send us may vary from what is in your actual products. We have no control over your products, or how you make your products. As such, you acknowledge and agree that we are not responsible for errors or inaccuracies that occur as a result of Services, such as errors or inaccuracies in your nutrition facts, ingredients lists, and allergen lists.
State and federal regulations (such as those set by the Food and Drug Administration) may apply to you and/or your products. You acknowledge and agree that the Services do not guarantee that you and/or your products will not run afoul with such regulations, or that your products will be legal and safe for consumption.
D. Third Party Laboratory Services. While in general, we can provide you with Services based on the information you provide to us (such as a recipe). However, certain types of foods require actual chemical analysis of a physical sample to determine the nutrition values accurately. Examples of these types of foods are beef jerky, fermented food, and foods with a complicated process that is difficult to calculate (like a nut milk). You acknowledge and agree in order to provide you with Services for these products, you must obtain a chemical analysis from a laboratory.
In the event you wish us to facilitate laboratory chemical analysis on your behalf, we require you to fill out a chain of custody form and send samples to the address specifically listed on the chain of custody form. We are not responsible for lost, broken or compromised shipments or samples. We do not warrant or represent that our third party laboratory services (the “Third Party Laboratory Services”) will be accurate, and you specifically agree that we are not responsible for any damages, costs, expenses and claims arising out of or relating to the Third Party Laboratory Services.
E. Shipments of Samples/Products. You agree that you will not send us shipments containing samples or products unless we specifically agree to accept your shipment first, in writing. You agree that we are not responsible for lost, broken, or compromised shipments, products or samples.
F. Indemnification. You agree to defend, indemnify and hold harmless Food Lab, Inc. and our employees, officers, directors, shareholders and independent contractors against all liability, claims, demands, damages, costs and expenses of claims, including but not limited to attorney’s fees and costs, arising out of or relating to (i) any information or documentation we provide to you as a result of the Services, such as nutrition facts, ingredients lists, and allergen lists; (ii) your products; (iii) the information/documentation you provide to us; (iv) any breach of the TOC; (v) any breach of your representations/warranties herein; (vi) the Third Party Laboratory Services; and (vii) your violation of any applicable laws and regulations.
2. THE SITE
3. GENERAL REQUIREMENTS FOR USE OF OUR SERVICES & SITE
A. Do not use the Services and Site for illegal or prohibited purposes. You agree that you shall NOT use the Services and/or Site in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law or regulation (such as regulations made by the Food and Drug Administration).
B. Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.
C. Be over the age of 18 and capable of giving legal consent. You must be at least the age of 18 to use our Services and Site. Any use or access by anyone under the age of 18 is strictly prohibited and in violation of these Terms of Service. By using the Services or Site, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
D. Do not be previously prohibited from using the Services and/or Site. You may not use the Services and/or Site if you were previously prohibited from using the Services and/or Site.
E. Do not be a Bot. Use of the Services or Site by “bots” or other automated methods is not permitted.
F. Only use the Services and Site for “Acceptable Uses.” Our Services are available to provide you with food and nutrition consulting and compliance, and our Site is available to provide you with information about the Services (collectively, the “Intended Purpose”). You agree that you will only use the Services and Site for the Intended Purpose.
You specifically agree that you will NOT use the Site or Services:
- if you are under the age of 18.
- to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- to “stalk” or otherwise harass another.
- to collect or store personally identifying information about others without their permission.
- to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- to mislead or lie to us via the use of misleading contact information or via providing us with false and/or misleading information.
- to circumvent laws or regulations.
- to mislead others or make/substantiate false claims.
- to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
- to use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- to conduct your own contests and promotions or to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
- to incorporate information or content from our Services or Site into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- to sell, distribute or make any commercial use of third-party information in a manner that could be expected to offend the person for whom the third-party information is relevant.
- to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- to interfere with or disrupt the Site or servers or networks connected to the Site.
- to decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Site.
- to upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
- to use the Site or Services in a country in which we or you are prohibited from offering such services under applicable export control laws, including but not limited to countries embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
4. MONITORING & SECURITY
B. Security. While we take the security of the Site very seriously, we cannot ensure or guarantee the security of the Site or any content or information entered into the Site (or provided to us via the Site). Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.
5. REFUNDS AND TERMINATION OF THE SERVICES
A. Refunds. We work hard to make sure you are happy with the Services, and we hope that you are satisfied with the results. We do not offer refunds, free services or credits, but if you are unhappy with the Services please do not hesitate to reach out and we will try to make it right.
B. Termination of Services. We, in our sole discretion, have the right to deny the Services to you prior to your payment at any time, for any reason. After receipt of payment, we may deny you the Services for the following reasons (i) a violation of these Terms of Service, or (ii) a breach of the TOC. In the event we deny you Services after receiving payment, we will issue you a refund within 15 days.
6. INTELLECTUAL PROPERTY, CONTENT AND PUBLICITY
A. Our intellectual property. Our Site and the content on the Site, including but not limited to our text, graphics, images, logos, buttons, icons, materials, and the overall “look” and “feel” of our Site, are the sole property of Food Lab, Inc., and are the protected patents, copyrights, trademarks, trade secrets and service marks of Food Lab, Inc. (collectively, the “Food Lab IP”). Content which is not created or owned by us are the trademarks and copyrights of their respective owners. Unauthorized use of the Food Lab IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Food Lab IP unless you obtain our explicit written consent. We grant you a license to use the Food Lab IP for the sole purpose of accessing and using the Site.
B. Your intellectual property. We claim no intellectual property rights over the data, information, documents, samples and other content that you provide to us (your “Content”). However, we ask that you respect the law, and not violate anyone's intellectual property rights. Thus, you represent and warrant that:
- The Content does not and will not violate the law or anyone else’s rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
- The Content is not confidential, and you are under no obligation to keep the Content confidential.
- The Content does not violate these Terms of Service and falls within our definition of Acceptable Uses in Section 3F of these Terms of Service.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Content, or which might in any way impair the rights granted by you under these Terms of Service.
- If the Content incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, “Additional Content”), you represent and warrant that you have all rights, licenses and applicable permissions required by law to use and send us the Additional Content.
C. Other's content. You shall not use or send us any information or content that is not yours without the appropriate permissions. Specifically, if you use, submit or share Additional Content, you represent and warrant that you have all rights, licenses and applicable permissions required by law to use, submit and share the Additional Content. As such, you shall hold us harmless from all claims and/or disputes related to the Additional Content.
D. Licenses. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the Content in connection with the Services, our Site, and our business.
E. Providing Content to others. You agree that we may send your Content (including but not limited to information, reports, emails, and results/deliverables generated by the Services) to the email addresses you have provided to us in our correspondence and to emails specific to your URL. We understand that email addresses may change, and new persons may become employed/unemployed by you/your organization. If you do not want us to send Content to an email address that was previously in our system, or if you wish to modify/add an email address to our correspondence list, please let us know. If there is a dispute over where to send Content within your organization, we will require written instructions on how to proceed from your organization’s president.
Please note that we also provide Content to third parties who assist us in providing you with the Services (for example, consultants, vendors, and third party laboratories).
F. Third parties' intellectual property. We use several third parties to make certain features of the Services and Site available to you, including but not limited to Freshsales, Stripe, Gravity, and Google. You acknowledge and agree that, with respect to any such third party features, content and/or license, you shall be bound by any and all such limitations in place by said third party (via license or other agreement), and shall be subject to any restrictions or terms associated therewith. You acknowledge and agree that you shall receive, with respect to such third-party licenses, only such warranties and protections as we receive directly from the applicable third-party licensor and that we are able to pass on to you.
G. Publicity. You agree that we may use your name, business name, and/or logo, and any statements that you make about the Services, to promote our business.
In addition to the indemnification requirements in Sections 1F and 6C, you agree to defend, indemnify and hold harmless Food Lab, Inc. and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your breach of the TOC, your violation of the Food Lab IP or any other person's intellectual property, your and your employees’/agents’ conduct (including but not limited to violations of the law), your products, your use of any items or information that we provide you with as a result of the Services (such as nutrition facts, ingredients lists, allergen lists, or other documents), and your use of the Site.
8. DISCLAIMERS AND LIMITATIONS ON LIABILITY
A. Limitations of liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICES, THE SITE, THE CONTENT/INFORMATION PROVIDED THROUGH THE SERVICES, OR THE CONTENT WITHIN THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES WITHIN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.
B. Warranties. By entering into these Terms of Service you acknowledge and agree that we make no warranties of any kind relating to the Services and the Site (including but not limited to any data or content contained within or available through the Site or provided through the Services, any data or content provided to you by us, and any related documents and information). Furthermore, nothing on, within, or provided through the Services or Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regard to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR SERVICES, OUR SITE, OR THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE SERVICES AND SITE, WILL BE ACCURATE, MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SERVICES OR SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS. WE FURTHER DO NOT WARRANT THAT OUR SERVICES, SITE, OR THE CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE SERVICES AND SITE, WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS, OR BE ERROR-FREE.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES (AND THE CONTENT AND INFORMATION PROVIDED VIA THE SERVICES), THE SITE, AND THE INTERNET IN GENERAL. THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FOOD LAB, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, SITE, AND RELATED DOCUMENTS, INFORMATION, SOFTWARE, TEXT, GRAPHICS AND LINKS.
C. Limitation of actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Services and/or the Site must be brought within one (1) year after such claim or cause of action arises, or forever be barred.
D. Access outside the USA. We make no claims that the Services and Site are appropriate or legal to be used and/or viewed by certain persons or in certain countries. The Services and Site are for those in the United States and shall not be used by those outside the United States. If you access the Services and Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
9. EMAIL NOTIFICATIONS & COMMUNICATIONS WITH US REGARDING IMPROVEMENTS
A. Email notifications. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Services and Site, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure the email address you provide to us is current and accurate. If the email address you provided us is no longer accurate, you agree to immediately notify us at [email protected] of your new email address.
If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at [email protected]
B. Your communications with us regarding improvements. You may contact us by email, phone or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them - but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIALS TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS WHOLLY ORIGINATED WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
10. ARBITRATION, JURY TRIAL & CLASS ACTION WAIVER
A. Arbitration. Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, the Services, your use of the Site, or any dispute related to your relationship with Food Lab, Inc. or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, and parent companies, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAM’s website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
B. Jury trial waiver. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and with Food Lab, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
C. Class action waiver. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND FOOD LAB, INC. MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
D. 30-Day right to opt-out of arbitration, jury trial waiver & class action waiver. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to either Food Lab, Inc., Attn: Food Lab 30 day Opt-Out, 100 Oceangate #1200, Long Beach, CA 90802, or [email protected] (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you first visit the Site or within 30 days from when you sign the TOC. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply to you, and you must bring claims per the Section labeled "Governing Law," below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section.
Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
11. MISCELLANEOUS PROVISIONS
A. No waiver, entire agreement & partial validity, conflicts. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The issuance of refunds, credits, or a free service is not a wavier of our right to enforce these Terms of Service or seek damages. The Terms of Service and (if applicable) the TOC constitute the entire agreement between you and Food Lab, Inc., and govern your use of the Services and Site. These Terms of Service supersede any prior agreements between you and Food Lab, Inc. (including, but not limited to, any prior versions of the Terms of Service) regarding the content herein. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. In the event of a conflict between these Terms of Service and the TOC, these Terms of Service shall govern.
B. Equitable relief. You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
C. Governing law and jurisdiction. These Terms of Service are governed by the laws of the state of California without respect to its conflict of laws principles. Jurisdiction for any claims or disputes arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.
D. Digital admissibility. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
12. QUESTIONS AND OUR CONTACT INFORMATION
You can also reach us by phone at: 855-366-3522