PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR WEBSITES.
By using our websites, you acknowledge that you have read and agree with these terms of use.
Use of Content.
Our websites are for personal use, and may not be used in connection with any commercial or illegal undertaking.
The information on this website is not intended to replace or modify the advice of a licensed healthcare practitioner. This information, in the absence of a consultation with a healthcare practitioner, must be regarded as for informational and educational purposes only. Please consult with your doctor for advice about diagnosis and treatment of a specific medical condition.
The content on our websites is owned, distributed, or licensed by or to InnovaHealth Technologies Corp. (“ITC”), dba Food&I. It is protected by copyright, trademark, and other intellectual property laws. You may only use the content for your personal and non-commercial use. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit any content on our websites, unless you first request and obtain written permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.
You may not use the names "FoodAndI", “Food&I” or any mark, logo, or trade name owned or used by ITC in any medium whatsoever, unless you first request and obtain written permission from us.
We retain all right, title, and interest in our websites and any content, features, products, or services offered on them, including any and all intellectual property rights. We reserve all rights, whether granted expressly or otherwise.
Material Posted on Our Websites
We do not endorse, control, or assume any responsibility for any content or materials you or others submit, post, or share on or through our websites, including any screen names, photographs, images, creative works, or text.
By accessing and interacting with our websites, posting messages, or sending us your ideas, you (and your parents, if you are a minor) are giving us permission to use or publish your screen name and / or your messages for any purpose, including advertisement.
If you are a minor, please remember to ALWAYS check with your parents before sending any messages or posting on any website.
By posting, sharing or otherwise providing any such materials, you are granting us an irrevocable, transferrable, perpetual, royalty-free license to use, modify, copy, distribute, and publicly display any such materials and content, with or without your screen name, in any media, including without limitation, for commercial use, advertising, and promotional purposes.
You represent and warrant that you are legally authorized to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third parties or breach any law, including if such materials contain the name, voice, likeness or image of any individual.
We retain the right, but not the obligation, to monitor the content and materials posted on our websites. We may, at our sole discretion, remove any material and content posted, shared or otherwise provided to our websites at any time and without notice.
If you believe that any material or content on our websites violates or infringes upon your intellectual property rights, please contact us at the following address:
Office of Legal Counsel
InnovaHealth Technologies Corp.
5001 Mayfield Road, Suite 319
Cleveland, Ohio 44124
Prohibited Uses.
You may not reverse engineer, decompile, derive source code or materials from, or capture any source code, scripts, algorithms, layouts, design, or other information accessible through our websites or any data packets sent to or from our websites. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
Further, you may not:
- violate these terms of use, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy, such as unauthorized disclosure of a person's name or email or physical address or phone number, and rights of publicity), or violate any laws;
- conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
- post, email, message, or otherwise make available through the website any content that:
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or violence;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; or
- violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs.
- promote an illegal or unauthorized copy of another person's copyrighted work;
- engage in commercial activities or sales, such as advertising or the buying or selling of items;
- disguise the origin of any message, communication, or transmittal you send through our websites;
- use any robot, spider, or other automated or manual means to access our websites, or copy any content or information on our websites;
- attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password detection, or any other illegitimate means;
- probe, scan, test the vulnerability of, or breach the authentication mechanisms of our websites or any related networks or systems;
- modify or redirect, or attempt to redirect our websites;
- link to our websites from any unsolicited source, including bulk messages or unsolicited commercial messages ("spam");
- utilize framing, overlays or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party without our express written consent;
- take any action that places an excessive load on our websites or any related networks or systems.
We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these terms of use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating the their right to use our websites.
Electronic Notices and Communications.
By visiting our websites or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
- we may communicate with you electronically by email, or as appropriate, by posting general notices on our websites;
- all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
- any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
Third-Parties.
Our websites may contain:
- references to names, marks, data, content, products, or services of third parties;
- links to third-party websites; and
- descriptions of services and products provided by third parties.
These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content, or any products or services they offer. These parties are not under our control and we are not responsible for them, or the operation and availability of their websites. All disclaimers and other notices associated with such materials shall apply and supplement these terms of use as to the individual content. You are responsible for reading and understanding the terms of use and privacy policy statements for each such third-party website.
If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.
No Warranties.
Our websites are for information and educational purposes only. We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our websites.
WE DO NOT WARRANT THAT OUR WEBSITES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE YOU WITH SPECIFIC RESULTS.
THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON OUR WEBSITES ARE PROVIDED "AS-IS", AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITES, AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAWS THAT LIMIT THE ABOVE EXCLUSIONS AND DISCLAIMERS.
Limitation of Liability.
NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITES OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAWS THAT LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
Remedies.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our websites or block your future access to our websites for any reason.
You agree that any violation by you of these terms of use will cause us irreparable harm that may be difficult of impossible to quantify. You further agree that monetary damages would be inadequate to indemnify us from such harm, and consent to our obtaining injunctive relief that we deem necessary or appropriate.
These remedies are in addition to any other remedies we may have at law or in equity.
Indemnity.
You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorney's fees) arising from your use of our websites, violation of these terms of use, or violation of any third-party rights.
YOU AGREE TO WAIVE ANY AND ALL LEGAL PROVISIONS THAT MAY LIMIT THE EFFECT OF ANY RELEASES CONTAINED IN THESE TERMS OF USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
Force Majeure.
We will not be deemed to be in breach of these terms of use or our privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, acts of governments, war, failures of any public networks, electrical outages, terrorist attacks, earthquakes, and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.
Governing Law.
You agree that all matters relating to your access to use of our websites, including all disputes, will be governed by the laws of the United States and the State of Ohio, without regard to its conflicts of laws principles. You agree to the personal jurisdiction and venue in the state and federal courts of the State of Ohio, and you waive any objections to such jurisdiction or venue.
Interpretation.
These terms of use, accepted by you upon use of our websites, and further affirmed by becoming a registered member or submitting content or materials to or through our websites, constitutes the entire agreement between you and us regarding the use of our websites.
All parts of these terms of use apply to the maximum extent permitted by law. If any part of these terms is found unenforceable by a court of competent jurisdiction, then that part will be replaced with terms that most closely match the intent and purpose of the unenforceable part to the extent permitted by law. The invalidity of a part of this agreement will not affect the validity and enforceability of the remaining provisions.
Updates to Terms of Use.
We may update these terms of use from time to time. It is your responsibility to periodically read these terms, and you acknowledge that you have read the updated terms of use and agree to follow them.