Terms Of Use

Effective Date May 24, 2018
Acceptance of Terms of Use

Hello and thanks for visiting the FoodTravelist.com website (the “Website”). Please read this carefully. These are the terms and conditions (“Terms of Use”) on which you may use the Website and the content/services available on it (which we call “Food Travelist Content”). These Terms of Use apply to your use of the Website and all Food Travelist Content regardless of the delivery platform or device you use to access it. By accessing the Website you are agreeing to the Terms of Use. If you use Website in the course of your business or work, you are also agreeing to these Terms of Use on behalf of that business.

If you do not agree with the Terms of Use, or are not authorized to do so, do not use the Website. If you have any questions please contact corporate@FoodTravelist.com and use the headline “Terms of Use Questions” in the subject line. We recommend that you print, store or save a copy of these Terms of Use for your records and check back regularly as they may change from time to time.

Introduction

To the extent permitted by law, these Terms of Use may change and we will provide notice of such changes on this page. You should regularly check these Terms of Use to see if any changes have been made. By using the Website after we have posted any changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Website. References in these Terms of Use to “Food Travelist” (or “we”, “us” or “our”) refer to Food Travel Network, Inc. with a business address at 7115 W. North Avenue, #516, Oak Park, IL 60302, our directors, officers, employees, agents, consultants, advisers, representatives and/or our brands, divisions and subsidiaries.

Access and Use
The Website does not require registration to view its content.

Permitted Use. All elements of the Food Travelist Content are either in the public domain or the property of Food Travelist or their respective owners and authorized for use by us on the Website. Other than any elements from the public domain, Food Travelist and/or its licensors own all intellectual property rights (including copyright, trademark and database rights) in the Food Travelist Content and any selection or arrangement of the Food Travelist Content. You may only use the Food Travelist Content for your personal, non-commercial use.

Restrictions on Use. You may not use the Website for any unlawful purpose. You may not in any way commercially exploit the Food Travelist Content.

Linking. If you would like to link to the Website, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Website:

-must not in any way imply that Food Travelist is endorsing it or its products or services;
-may not remove, distort or otherwise alter the size or appearance of the logo;
-may link to the homepage of the Website, and on an ad hoc, non-systematic basis deeplink to other pages of the Website;
-must not misrepresent its relationship with Food Travelist or present false information about Food Travelist;
-must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
-must not be a site or service that contains content that could be construed as abusive, distasteful, offensive, defamatory, discriminatory, hateful or obscene.

We expressly reserve the right to require that any link in breach of these Terms of Use be removed and to take whatever other action we deem appropriate.

PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE WEBSITE.

If you are using the Website other than for non-commercial use and in an “at work” capacity (whether for a company, partnership, public sector body, charity, etc.) then these restrictions also bind your employer (or equivalent) who is responsible for your use of the Website.  By using or visiting the Website, including all content and functionality available through the foodtravelist.com domain name, in any way, you acknowledge and agree that you consent to: (a) these website Terms of Use, and (b) our privacy policy (the “Privacy Policy”), expressly incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please discontinue use of the Website immediately.

These Terms of Use create a legally binding agreement between you and us in relation to your use of the Website. Please read these Terms of Use and our Privacy Policy carefully.

Modifications to the Terms of Use
Food Travelist may, in its sole discretion, modify these Terms of Use from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Website or any particular feature thereof, with or without notice, and without liability to you.  Modifications to these Terms of Use will be posted on this page and will be effective immediately upon posting.  By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE. You should review this page periodically for the most recent Terms of Use.

Food Travelist Content
The Services contain the Food Travelist Content, which is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in Food Travelist Content, as stated above in these Terms of Use, and the Services. We grant you a limited, revocable, nonsublicensable license to reproduce and display Food Travelist Content (but not any software object or source code) solely for your personal use in connection with viewing the Website and using the Services. We reserve all rights not expressly granted in and to the Food Travelist Content and the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Food Travelist Content or enforce limitations on use of the Website or Food Travelist Content.

Use of the Website
By using the Website, you will inevitably be exposed to content from many sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.  By using the Website, you also may be exposed to content that is not accurate or that may be considered offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to such content and agree to indemnify, defend, and hold Food Travelist, its owners, operators, officers, directors, affiliates, subsidiaries, agents, employees, consultants, advisers, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Eligibility to Use the Website
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use. We do not intend to collect personal information from anyone under 18 years of age.  If you are under 18, you should not enter any information on this Website or should ask a parent to do so for you.  Because the Website is not intended for children under 13, you affirm that you are over the age of 13.  If you are under 13, then please do not use this Website.  Instead, decide with your parents or guardian what websites might be of interest to you.

Links to Other Websites

Our Website contains links to other websites not operated or maintained by us.  We do not have control over, make no representation regarding, and assume no responsibility for the content, privacy policies, terms of use or practices of any third party websites.  If you decide to access any of these linked websites, you do so at your own risk, and waive any and all claims against us regarding the inclusion of links to outside websites or your use of those websites. These linked websites may contain terms of use, privacy policies, and guidelines to which you are subject while using those sites. We encourage you to become familiar with the Terms of Use and privacy policies of any linked site upon access.

Limitations on Our Liability

DISCLAIMERS OF WARRANTIES: WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.  IF YOUR USE OF THE WEBSITE OR FOOD TRAVELIST CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND FOOD TRAVELIST CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF FOOD TRAVELIST CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, CONSULTANTS, ADVISERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE. USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY FOOD TRAVELIST CONTENT, ANY INTERACTIVE AREAS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF ANY INJURY OR DAMAGE RESTS EXCLUSIVELY WITH YOU.

Some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Website and the provisions of these Terms of Use.  The Website is controlled and offered by us in the United States of America.  We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Indemnity
You agree to indemnify, defend and hold harmless Food Travelist, its owners, partners, officers, directors, employees, consultants, advisers, agents, licensors, affiliates and other representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and experts fees) related to: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Publications

Any publication that may be made available for downloading from the Website is protected by copyright and may be protected by other rights. The use of such publication is governed by the terms of the designated “Legal Notice” accompanying such publication. The downloading and use of such publication is conditioned on your agreement to be bound by these Terms of Use and any relevant Legal Notice.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control laws.  Downloading or using software is at your sole risk.

Governing Law and Venue
These Terms of Use shall be interpreted, construed and governed by the laws of the State of Illinois, USA, without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the courts of Cook County, Illinois and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief without proving actual damages and without the necessity of posting a bond or any other undertaking therewith in the event that, in our opinion, such action is necessary or desirable.

Assignment
We may assign these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns.

Enforcement
Should any portion or provision of these Terms of Use be found unenforceable, void or invalid, such portion or provision will be limited or deleted to the minimum extent necessary so that the remaining provisions remain in full force and effect.  Our failure to expressly enforce any provision of these Terms of Use does not waive our rights to enforce that or any other provision.