General Rules and Definitions

Welcome to Food Tech Media, LLC (“Food Tech”). If you choose to use FoodTechConnect.com, ed.foodtechconnect.com or jobs.foodtechconnect.com (the “Sites”) or any of the products, services, software or other goods offered, owned or operated by Food Tech, you will be agreeing to abide by all the terms and conditions of these Terms of Use (“TOU”).

We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of these Sites and by continuing to use these Sites, you agree to any changes. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THESE SITES OR ANY INFORMATION CONTAINED ON THESE SITES.

Copyright and Trademarks

All content included on these Sites, such as text, graphics, logos, button icons, images, audio clips, etc. is the property of Food Tech, or the party credited as the provider of the Content, and protected by United States and international copyright laws. The compilation of all content on these Sites is the exclusive property of Food Tech and protected by U.S. and international copyright laws. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Food Tech Media, Food + Tech Connect and other Food Tech graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Food Tech Media, LLC or its affiliates in the U.S. and/or other countries. Food Tech’s trademarks and trade dress may not be used in connection with any product or service that is not Food Tech’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Food Tech. All other trademarks not owned by Food Tech or its affiliates that appear on these Sites are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Food Tech or its affiliates.

Privacy Policy

Your use of these Sites is governed by the Food Tech Privacy Policy (the “Privacy Policy”).

Limited License and Site Access

Food Tech grants you a limited license to access and make personal use of these Sites, including all information, documents, products, software and services trademarks, logos, graphics and images provided on these Sites (the “Materials”).

• To create an account on ed.foodtechconnect.com to create job listings, apply to jobs, save favorites, create alerts, and all other job listing creation and search functions, you will have to use a unique account on the Site (a “Food Startup Jobs Account”). You have the option to log in to your Food Startup Jobs Account via LinkedIn, email, Facebook or Twitter. You may never use another person’sFood Startup Jobs Account. When creating yourFood Startup Jobs Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on yourFood Startup Jobs Account, and you must keep your Food Startup Jobs Account password secure. You must notify Food Tech immediately of any breach of security or unauthorized use of yourFood Startup Jobs Account. Although Food Tech will not be liable for any losses or damages caused by any unauthorized use of your Food Startup Jobs Account, you may be liable for the losses due to such unauthorized use.
• These Sites and their Materials or any portion of these Sites may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
• This license does not include any resale or commercial use of the Materials on these Sites or their contents; any collection and use of any product listings, descriptions, editorial content, message boards or prices; any derivative use of these Sites or their Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.
• You may not download (other than page caching), modify, edit, alter, change or enhance the Materials on these Sites or any portion of them, except with our express written consent.
• You may not use any Food Tech logo or other proprietary graphic or trademark as part of the link without express written permission.
• You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Food Tech and our affiliates without express written consent.
• You may not use any meta tags or any other “hidden text” utilizing Food Tech’s name or trademarks without our express written consent.
• You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page or other pages of these Sites so long as the link does not portray us, our affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Food Tech.

Notices and Procedure for Claims of Copyright Infringement

Food Tech respects the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for these Sites:

Attn: Danielle Gould
Food Tech Media, LLC
535 Dean Street #220
Brooklyn, NY 11217
Attn: [Danielle Gould]
Email: Danielle@foodtechconnect.com

To be effective, the notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third Party Content

Certain information and content may be provided by third parties to Food Tech (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms.

FOOD TECH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.

Third Party Interaction and Links to Third Party Sites

In your use of these Sites, you may enter into correspondence with, purchase goods and/or services or participate in promotions of advertisers or members or sponsors showing their goods and/or services on or advertised through these Sites. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Food Tech has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

These Sites may be linked to other sites on the World Wide Web or Internet, which are not under the control of or maintained by Food Tech. Such links do not constitute an endorsement by Food Tech of those sites. You acknowledge that Food Tech is providing these links to you only as a convenience, and further agree that Food Tech is not responsible for the content of such sites. Your use of other sites is subject to the terms of use and privacy policies located on the linked sites.

Submissions

You acknowledge that you are responsible for the information and material that you submit via the message boards or otherwise (each a “Submission”), and that you, and not Food Tech, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. You can post content to these Sites only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOU, or any other posted policies. We can remove content for any reason. You are responsible for any content you post to our Site and the consequences of sharing or publishing such content with others or the general public. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with these Sites is provided on a nonproprietary and nonconfidential basis. By posting a Submission, you agree that Food Tech shall be free to use or disseminate such Submission for any purpose. If you submit information to these Sites, you grant Food Tech an irrevocable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, syndicate, exploit and prepare derivative works of the Submission. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). No information you submit shall be deemed confidential. However, Food Tech agrees to use your information in accordance with Food Tech’s Privacy Policy applicable to personally identifiable user data.

By using our Site in such a manner that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO FOOD TECH.

No Spam

You may not access these Sites to harvest or collect any information about our users for any purpose without our express written authorization. Any violation of these provisions may result in immediate termination of your account and legal action.

Message Board Rules and Etiquette

Food Tech asks that you respect the Food Tech online community as well as other individuals participating within the Food Tech online community. In addition, you agree not to:

• Offer for sale products or services;
• Participate in off-topic discussions;
• Disparage the products or services of any company or individual;
• Impersonate or represent Food Tech, Food Tech staff or other industry professionals;
• Solicit a Food Tech member’s password or other account information;
• Harvest screen names for any purpose;
• Use racially or ethnically offensive language;
• Discuss, solicit or incite illegal activity;
• Disrupt the flow of discussions on the message boards or chat in chat rooms in any manner, including, without limitation, vulgar language, abusiveness, repeatedly hitting the return key or inputting large images to make review of the material on the screen difficult for other participants;
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); or
• Harass, threaten, embarrass or do anything else to a board or chat participant that is unwanted.

Please remember that posted messages and other Material provided by users may represent opinion or judgment. Please be aware that in message boards, people may sometimes post messages or make statements, intentionally or unintentionally, that are misleading, deceptive and wrong. Food Tech will not be responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the information you get from our site, including any loss or damage caused by a member’s reliance on information obtained through the Food Tech site. For your own safety and security, please take independent steps to verify any information on which you intend to rely.

Unauthorized Activities

You acknowledge that your Submissions, participation in message boards and unauthorized use of any Materials or Third Party Content contained on These Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold Food Tech entirely harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees) incurred by Food Tech in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of these Sites or the use of these Sites by any person using your screen name and/or password (including, without limitation, your participation in the chat rooms or your Submissions) violates any applicable law or regulation or the rights of any third party.

Disclaimer of Warranty

You acknowledge and agree that these Sites may include certain errors, omissions and outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Food Tech, and agree that Food Tech does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that Food Tech has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by Food Tech or its licensors.

Food Tech, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on these Sites, including, without limitation, the materials, the third party content and the submissions of other visitors to these Sites. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, these Sites and any information or material contained on these Sites is provided to you on an “as-is” and “where-is” basis, and is for personal use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby disclaimed.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOD TECH SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THESE SITES OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL FOOD TECH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF FOOD TECH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws

Food Tech controls and operates these Sites from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use these Sites from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under any laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to our Site that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this TOU.

Unless otherwise explicitly stated, all marketing or promotional materials found on these Sites are solely directed to individuals, companies or other entities located in the United States.

General Legal Terms

Food Tech does not monitor your data or transmissions. [However, Food Tech does actively monitor accounts for system utilization.] If Food Tech becomes aware of inappropriate use of these Sites or any Food Tech service, Food Tech may respond. You acknowledge that Food Tech will report to law-enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Food Tech will cooperate fully with law-enforcement agencies in any investigation of alleged illegal activity on the Internet. You agree to hold us harmless for the release of any information related to you to law-enforcement agencies in connection with any such investigation.

If you violate these Terms, Food Tech reserves the right to terminate your ability to post submissions without notice. In addition, you agree to terminate your use of these Sites upon request. Food Tech’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.

In any dispute with us, your sole remedy is to stop using our Site. This includes any dispute related to, or arising out of: (1) any Terms of this TOU or our enforcement or application of this TOU; (2) any of our policies or practices, including our Privacy Policy, or our enforcement or application of these policies; (3) the content available on these Sites or the Internet or any change in content provided by us; or (4) your ability to access or use these Sites. Any action related to these Terms will be governed by the law of the State of New York and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of New York, for the resolution of all disputes arising from or related to these Terms and/or your use of these Sites.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Food Tech to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Food Tech in writing.

The Terms comprise the entire agreement between you and Food Tech and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Last modified: September 5, 2016