The following License Agreement have been republished from foodbuzz.net/terms.html and/or the program's installer.
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
By using the Services, you acknowledge that you are of legal age to form a binding contract.
FoodBuzz is ad-supported. During general internet usage on sites where FoodBuzz operates, users may see additional banner, search, pop-up, pop-under, and in-text link advertisements. You will see approximately, between 1 and 5 banner advertisements per page, 1 and 4 search advertisements per page, 1-4 in-text advertisements per page, and 1-2 pop-up or pop-under ads per day. The type of ad is dependent on the content of the page as you generally browse the internet. FoodBuzz is not related to or endorsed by the underlying website. These advertisements will be identified with the FoodBuzz Name or Logo. In-text advertising, where specific keywords within the text of a webpage are matched with advertising and or related information, automatically match keywords or phrases will appear on the webpage as a double underline. FoodBuzz and all related advertisements are not affiliated with or endorsed by any underlying websites.
OPTIMIZE SETTINGS POST INSTALL
There are several settings in your browser that may stop FoodBuzz from running or cause a sub-optimal experience. Users that choose to install FoodBuzz will have the following settings modified:
Auto-Enablement. FoodBuzz will be automatically enabled on Internet Explorer, FireFox, and Chrome following installation so that you may be begin using FoodBuzz without any further action.
Internet Explorer Load Time Alert. Internet Explorer users will see load time warnings when extensions take longer than a specified time to load. For users of multiple browser extensions this warning will show up often so FoodBuzz raises the load time threshold to ten seconds. To learn more about the load time warning visit: http://windows.microsoft.com/en-US/internet-explorer/products/ie-9/features/add-on-performance-advisor
Internet Explorer Accelerators. Internet Explorer Accelerators overlap with FoodBuzz’ user interface and cause a bad user experience. FoodBuzz disables Accelerators. For more information about Accelerators visit: http://en.wikipedia.org/wiki/Accelerator_(Internet_Explorer)
FireFox Lock File. FoodBuzz loads a lock file that secures optimized settings. This prevents other software from accidentally or intentionally changing settings stopping FoodBuzz from running or causing a sub-optimal experience. For more information about locking preferences: http://kb.mozillazine.org/Locking_preferences
Content Security Policy. Content Security Policy (CSP) is an additional layer of security that helps detect and mitigate certain types of attacks, including Cross Site Scripting (XSS) and data injection attacks. CSP can cause sub-optimal performance for FoodBuzz and other browser extensions. FoodBuzz will disable CSP in FireFox and Chrome. For more information about CSP: https://developer.mozilla.org/en-US/docs/Security/CSP; http://developer.chrome.com/extensions/contentSecurityPolicy.html.
Internet Explorer 10. Internet Explorer 10 supports two versions: Metro and desktop versions. Metro version does not support browser extensions so FoodBuzz will set the desktop version for Internet Explorer as the default browsing experience.
You may uninstall FoodBuzz at any time. To uninstall on Windows (FoodBuzz supported operating system) go to the Windows Start Menu, and then to Control Panel%3EAdd/Remove ( "Programs & Features" in Vista/Windows 7) and click "Remove", "Uninstall" or "Change" (the word varies on operating system version) next to FoodBuzz. Note that after you uninstall certain related files to FoodBuzz may remain on your system. These remnant files are a record of your previous download of the Company's software, and are not executable. These files help the Company prevent fraud on the Services and improve performance if you choose to download FoodBuzz again. The Company will not use the files to track you or otherwise collect or store personally identifying information about you. If you need any assistance with the uninstall process, contact [email protected]
The Site and Services may contain information, software, text, files, images, video, sounds, works of authorship, applications and other materials or content belonging to the Company, the Company's licensors, partners, and affiliates, and other third parties (collectively, the "Company Content"). The Company Content is provided to you AS IS. You may access Company Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. All Company content is protected by copyright, trademark, trade secret and other laws, and is between you and the Company, the Company owns and retains all rights in the Company Content. Upon your assent to this Agreement, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services, and associated content to which you are permitted access, on a single computer, solely in accordance with the Agreement and solely for your personal, non-commercial use and not for disclosure or distribution to anyone else.
Except as expressly permitted by the Company, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content. In addition, you are strictly prohibited from creating works or materials that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered, or given away. You may not , either directly or through the use of any device software, service or other mean, remove, bypass, avoid, interfere with, or circumvent, any Company copyright, trademark, or other proprietary notices, or any other content protection or access control measure.
We may suspend or terminate your right to access or use the Site or Services, or any account you have for the Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate the Agreement or are jeopardizing or interfering with other users' rights or technical operation of the Site or Services.
YOUR USE OF THE SERVICES
The Services are offered for your own personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by the company. FoodBuzz is not responsible for the content you or third parties, post, upload, transmit, email or otherwise make available on, through or in connection with the Services. By downloading, installing, or using the Extension, you agree to comply with all applicable laws and regulation, and respect all applicable third party rights. The Company assumes no responsibility or liability for objectionable User Content or for monitoring the Services for inappropriate conduct.
Company may report any activity it suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests; to protect Company's systems, users or third parties; to ensure the integrity and operation of Company's business and systems; in response to subpoenas, court orders or legal requirements; to protect against fraud or for risk management purposes; or for any other purpose in compliance with the Agreement Company may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, Web usage paths. By utilizing the Site and Services, you expressly consent to foregoing use and disclosure.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
The Company respects and honors the intellectual property of others. If you believe that any material displayed through the Services infringes your copyright, please send the Company a detailed notification, including an electronic or physical signature of claimed infringement. The notification can be sent to FoodBuzz, 26895 Aliso Creek Road, Suite B79 Aliso Viejo, CA 92656 or by email to [email protected]
WARRANTY AND LIMITATION OF LIABILITY
USE THE SERVICES AT YOUR OWN RISK. THE COMPANY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY ADVERTISING, AND THE COMPANY WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. YOUR USE OF THE SITE, THE SERVICE, OR ANY GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Company may assign this Agreement, in whole or in part, at any time without notice to you. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only to as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and the Company relating to the subject matter herein and shall not be modified by you except in writing, and signed by both parties. The Agreement will inure to the benefit of the Company's successors, assigns and licensees. Without limitation, you agree that a printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PRE-ARBITRATION DISPUTE RESOLUTION
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The laws of the State of California will govern this Agreement, without regard to conflicts of law provisions. The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings the request for relief. The letter shall be sent to FoodBuzz, 26895 Aliso Creek Road, Suite B79, Aliso Viejo, CA 92656. If the dispute is not resolved within 90 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating in any way to your use of the Services shall be resolved by final and binding arbitration. The arbitration shall take place in Orange County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association (collectively, the "Rules"). Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing.
If you decide to commence arbitration, the provider will require you to pay a filling fee (which currently is $125 for claims under $10,000). If you filling fee is more than $125, the Company will reimburse you for an excess fee promptly after it receives notification of your arbitration.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim.
The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any providing in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above -prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows an notwithstanding any provision in the Rules to the contrary: 1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. 2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative basis) shall be appealable in the judicial proceedings consistent with the rules and laws governing the appeal of interlocutory decisions or class certification (or similar) rulings specifically. 3) Once any issues regarding the class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) form the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 20 days of the use of the Site or Service, you must send a letter to FoodBuzz, Inc. 26895 Aliso Creek Road, Suite B79, Aliso Viejo, CA 92656 that specifies (1) Your name (2) your mailing address (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to participate in pre-dispute mediation, and all disputes will be resolved in the state or federal courts in Orange County, California. Notwithstanding any provision herein to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 30 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Your letter must be postmarked by the applicable 20-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable deadline.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its owners, members, officers, directors, employees, and agents, from and against any and all claims, damages, obligation, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and/or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right; including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.
ABILITY TO ACCEPT AGREEMENT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, condition, obligation, affirmation, representation, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under the age of 18 then please do not use the Services. You may not use the Extension if you are a person barred from receiving or suing the Company under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.
If any provision of this Agreement shall be deemed unlawful, void, or for any reasons unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Company's failure to enforce the performance of any provisions of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such provisions or any other provision of this Agreement. No waiver of any provisions of this Agreement shall be effective unless in writing.
If you have any questions about the Terms of Service and/or FoodBuzz please contact us below:[email protected]
If you have FoodBuzz installed on your computer, you can easily remove it by downloading "Should I Remove It?", its 100% FREE and installs in seconds (just click the download button below).