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Terms of Use

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Welcome to Food Friend, Inc. (“Food Friend,” “we,” “us,” or “our”).  We have developed software that aims to make creating recipes, planning meals, grocery shopping, and cooking at home easy.  The Food Friend website and our mobile application are copyrighted material belonging to Food Friend.  The website and mobile application provided by Food Friend are referred to collectively as the “Product” in this document.

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Your use of the Product is subject to the terms and conditions set forth below (these “Terms of Use”).

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Please read these Terms of Use carefully.  By using the Product, creating an account (defined below), or paying for the Product (defined below), you agree to be bound by these terms of use and represent and warrant that you are at least 18 years of age or are the legal age of majority in your province, territory, or country.  If you (1) are under the age of 18 and not a permitted user (a permitted user may be someone under 18 or the legal age of majority who has the express consent of his or her parent or guardian to use the parent’s or guardian’s account), or (2) do not wish to be bound by these Terms of Use, you may not access or use the Product or create an account.  Food Friend does not promise, guarantee, or warrant any specific results from your use of the Product.

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These Terms of Use contain important information about your rights and obligations and limitations and exclusions that may apply to you, including a choice of law provision, and a forum selection clause.

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To access and use certain features of the Product, you may be required to agree to certain additional terms and conditions and to register for those features. All such additional terms and conditions are hereby made a part of these Terms of Use. In the event of any conflict or inconsistency between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control but solely with respect to the subject matter thereof.

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  1. Account. In order to access and use our Product, you must have an account (“Account”) that contains certain information about you. You represent and warrant that (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the Product or contacting us at support@foodfriend.co. We may suspend or terminate your Account in accordance with Section 17 (Termination). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

  2. Fees. We provide access to certain features in our Product on a paid basis (each, a “Paid Offering”). Upon using any Paid Offering, you will be responsible for the payment of the applicable fees as described in our Product. You acknowledge that we reserve the right to change our fees from time to time at our discretion. We will notify you of such changes by posting a notice in our Product or sending you an e-mail notice to the e-mail address you provided for your Account. You hereby authorize us to bill your credit card or other payment method as described in this Section.

  3. You are responsible for paying all fees and applicable taxes associated with our Paid Offerings in a timely manner with a valid payment method. If your payment method fails or any amounts owed to Food Friend are past due, we may collect fees owed using other collection mechanisms (including retaining collection agencies and legal counsel) or suspend your Account and/or access to the Product. For Paid Offerings that are paid with a recurring subscription, all subscriptions automatically renew upon the expiration of the then-current subscription period, unless cancelled earlier, which you may do by contacting us as set forth in Section 23 (Contact Information) below. We will automatically bill your credit card or other payment method on the date that your subscription to the applicable Paid Offering begins, and each date thereafter on which a successive subscription period begins, until you cancel your subscription to that Paid Offering. If we change our subscription fees, any such change will not apply until your next subscription period.

  4. Proprietary Rights​​

    1. Product and Product Content; Ownership; and License. Food Friend owns and provides the Product. The content and information available on the Product (the “Product Content”) including data created as you use the Product ("Product Data", see item 4.2) and user feedback ("Feedback", see item 4.3) but excluding any content submitted by users of the Product ("User Content", see item 4.4), is owned by Food Friend and its licensors. Subject to these Terms of Use, Food Friend grants you a limited license to: (i) access and use the Product solely for your personal, non-commercial purposes; (ii) install and use the Product on your own mobile phone or tablet device, in executable object code format only, for your personal, non-commercial use; and, (iii) reproduce portions of the Product Content for the sole purpose of reviewing such Product Content as a visitor to the Product. You agree not to remove any copyright, trademark, or other proprietary rights notices contained in or on the Product or Product Content; or "frame" or "mirror" any part of our Product or Product Content without prior written consent from Food Friend. Any unauthorized use, reproduction, modification, distribution, display, or performance of the Product or any Product Content is strictly prohibited. You shall not disassemble, reverse compile, or reverse engineer any part of the Product or Product Content. Food Friend and its licensors reserve all rights not granted in these Terms of Use.

    2. Product Data; Ownership; and License. The information that is created when you sign up to use our Product or in fact use our Product; for example, data regarding your daily nutritional preferences, search criteria, or data generated by your use of or progress in the Product (collectively, “Product Data”); is owned by Food Friend and its licensors.

    3. Feedback; Ownership; and License. If you provide any comments, testimonials, feedback, or suggestions to Food Friend regarding the Product, or any of Food Friend’s services (collectively, “Feedback”), Food Friend may use such Feedback for any purpose. So that we may incorporate such Feedback into Food Friend’s Product and/or Food Friend’s services, Food Friend alone will own all right, title, and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the Product and Product Content, you hereby assign such Feedback to Food Friend free of charge.

    4. User Content; Ownership; and License. User Content refers to any publicly or personally available content that you submit to us, such as any recipe or review in the community. User Content does not include Product Data. We do not claim ownership in any of your User Content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content in connection with providing our Product. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You should only upload your User Content to our Product (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above. You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your User Content, and (b) your User Content does not violate, misappropriate, or infringe any copyright, trade secret, trademark, or other intellectual property right of any third party. You will take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Food Friend to effect, perfect, and confirm the license granted to Food Friend to your User Content as set forth herein. Publication or use of any User Content is at the sole discretion of Food Friend, and Food Friend is under no obligation to publish or use any User Content. If your User Content is published, used, and/or posted in the Product or otherwise used by Food Friend, we may include your username and/or profile information in conjunction with such publication, posting, or use.

    5. No Implied Licenses. There are no implied licenses granted in these Terms of Use

  5. Apple App Store Terms and Conditions. You acknowledge and agree that the availability of the Product as native applications on mobile phones and tablets is dependent on the third party from which you received the Product (“App Store”), e.g., the Apple App Store. You acknowledge that these Terms of Use are between you and Food Friend and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Product from it. You agree to comply with, and your license to use the Product is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. The following additional terms and conditions apply to you if you are using Product from the Apple App Store. To the extent the other Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 5, the more restrictive or conflicting terms and conditions in this Section 5 apply, but solely with respect to Product from the Apple App Store.

    1. Acknowledgement: Food Friend and you acknowledge that Terms of Use are concluded between Food Friend and you only, and not with Apple, and Food Friend, not Apple, is solely responsible for the Product and the content thereof. To the extent these Terms of Use provide for usage rules for the Product that are less restrictive than the Usage Rules set forth for the Product in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

    2. Scope of License: The license granted to you for the Product is limited to a non-transferable license to use the Product on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

    3. Maintenance and Support: Food Friend is solely responsible for providing any maintenance and support services with respect to the Product, as specified in these Terms of Use (if any), or as required under applicable law. Food Friend and you acknowledge that the Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Product.

    4. Warranty: Food Friend is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Product to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Food Friend's sole responsibility.

    5. Product Claims: Food Friend and you acknowledge that Food Friend, not Apple, is responsible for addressing any claims of you or any third party relating to the Product or your possession and/or use of the Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms of Use do not limit Food Friend’s liability to you beyond what is permitted by applicable law.

    6. Intellectual Property Rights: Food Friend and you acknowledge that, in the event of any third party claim that the Product or your possession and use of the Product infringes that third party's intellectual property rights, as between Food Friend and Apple, Food Friend, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

    7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    8. Developer Name and Address: Food Friend's contact information for any end-user questions, complaints or claims with respect to the Product is set forth in 26 (Contact Information).

    9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Product.

    10. Third Party Beneficiary: Food Friend and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

  6. Acceptable Use and Conduct. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You agree that you will use the Product in a manner consistent with any and all applicable laws and regulations.

    1. Prohibited Content. You agree that you will not upload, post, transmit, exchange, make available, provide, publish, or process any Prohibited Content on the Product. “Prohibited Content” means content that: (a) we believe, in our sole discretion, is objectionable, offensive, harmful (i.e., computer viruses), libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, racially or ethnically or otherwise objectionable, or unlawful, or content that may cause harm to us, our Product and other users, directly or indirectly; (b) would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange; (c) might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) might impersonate any person or entity or otherwise misrepresent an affiliation with a person or entity; (e) includes any unsolicited or unauthorized promotions, advertising, or solicitations for funds, goods, or services, including junk mail, spam, and chain letters; (f) might harm minors in any way; or (g) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    2. Breach. Any use of our Product in violation of these Terms of Use may result in, among other things, immediate suspension or termination of your Account and/or suspension or termination of your rights to use our Product. All suspension decisions are made in our sole discretion and may be made without prior notice to you. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your Account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, and your User Content. All such disclosures shall be made in compliance with our Privacy Policy, which can be found at foodfriend.co/privacy-policy.

    3. Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your User Content and delete (or modify) any of your User Content from our Product for any reason, including if we believe, in our sole discretion, your User Content violates these Terms of Use or is Prohibited Content, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing the Prohibited Content from our Product (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of our Product, and reporting you to law enforcement authorities, in our sole discretion, if you violate this provision or any other provision of these Terms of Use.

    4. No Disruption. You will not: (a) cover or obscure any advertisements on any web page that is part of our Product via HTML/CSS, scripting, or any other means; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Product or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Product or other computer systems or networks connected to or used together with the Product, through password mining or other means; (e) harass or interfere with another user’s use and enjoyment of the Product; or (f) introduce software or automated agents or scripts to the Product so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Product.

  7. Public Areas and Group Areas. “Public Areas" are those areas of our Product, such as shared recipes, to which you may send communications that are publicly available to anyone who may have access to that public area. A "Group Area" is an area of our Product that may be accessed only by the invited members of a group who are logged into their Accounts. A “Friend Network” is the social network made up of you and your “friends” who use the Product. You should be careful about your communications in Public Areas because these communications disclose to the public your Account username, your profile page, and any personally identifiable information you choose to disclose. Similarly, you should be careful about your communications in Group Areas because these communications disclose to the other members of the group your Account username, your profile page, and any personally identifiable information you choose to disclose. You should also be careful about who you include as part of your Friend Network because they will have access to certain aspects of your user profile, including your Account username, certain of your activities and achievements on the Product, and any content you post to your Friend Network, including any personally identifiable information you choose to disclose. Any information you include in any publicly-available profile is also available to others. You (and not Food Friend) are solely responsible for your communications and the consequences of posting these communications to any Public Area, Group Area, and/or Friend Network.

  8. Third Party Sites; Other Users and Third Party Referrals

    1. Third Party Sites. The Product may contain links to other web sites or services operated by third parties or advertisements for third parties (collectively, “Third Party Sites”). Third Party Sites are not under our control and, therefore, we are not responsible for the content of any Third Party Site or any link contained in a Third Party Site. Food Friend provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. If you decide to access or use any of the Third Party Sites linked to the Product, you do this entirely at your own risk. Third Party Sites are not subject to these Terms of Use or the Food Friend Privacy Policy, but are subject to their own terms and policies, including those relating to privacy, tracking, and data gathering practices.

    2. Other Users. Each user of the Product is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of our Product are solely between you and such user. You agree that Food Friend will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

    3. Third Party Referrals. We may provide referrals to you of third party services that we believe may be beneficial to you (“Third Party Referrals”). Third Party Referrals are not under our control and, therefore, we are not responsible for any services they may provide. Food Friend provides these referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Referrals. If you decide to contact or work with any Third Party Referral, you do this entirely at your own risk.

    4. Release. You hereby release and forever discharge us (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of our Product, Third Party Sites, or Third Party Referrals. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  9. Backups. We are not obligated to back up any of your User Content or your Product Data. You are solely responsible for creating backup copies of and replacing any of your User Content that you post or store on our Product.

  10. Copyright Policy. Food Friend respects the intellectual property of others and asks that users of our Product do the same. In connection with our Product, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Product who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Product, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

    1. your physical or electronic signature;

    2. identification of the copyrighted work(s) that you claim to have been infringed;

    3. identification of the material on our Product that you claim is infringing and that you request us to remove;

    4. sufficient information to permit us to locate such material;

    5. your address, telephone number, and e-mail address;

    6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

    7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

    8. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

    9. The designated Copyright Agent for Food Friend is: Michelle Kremen (legal@foodfriend.co).

  11. Trademarks. All trademarks, logos, and service marks (collectively, “Marks”) displayed on the Product are Food Friend’s property or the property of other third parties. You are not permitted to use these Marks without Food Friend’s prior written consent or the consent of the third party that owns the Marks.

  12. Privacy. Food Friend may collect certain personal information from you in connection with your use of the Product. The collection, use, and sharing of such personal information is governed by the Food Friend Privacy Policy foodfriend.co/privacy-policy.

  13. Warranty Disclaimer. Food Friend is providing the Product and any services provided by Food Friend hereunder on an “as is” and “as available” basis for use at your own risk. Food Friend (and its suppliers) disclaims all warranties, whether express, implied, or statutory, including any warranties of title, noninfringement of third party rights, merchantability, fitness for a particular purpose, accuracy, and quiet enjoyment. Food Friend does not promise, guarantee, or warrant any specific results from your use of the Product. Food Friend (and its suppliers) does not warrant the accuracy or completeness of the Product content or that the Product or any services provided by Food Friend hereunder will be provided free of viruses or other harmful code, uninterrupted, or error free or that all errors will be corrected. The Product content is provided with the understanding that neither Food Friend nor its licensors or suppliers are engaged in rendering medical, nutritional, legal, or other professional services or advice.

  14. Limitation of Liability. In no event shall Food Friend be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or relating to these terms of use, the Product, or any service provided by Food Friend hereunder, including any damages resulting from loss of use, data, or profits, whether or not Food Friend has been advised of the possibility of such damages, on any theory of liability. Food Friend’s total cumulative liability arising out of or relating to these terms of use, the Product, or any service provided by Food Friend hereunder, whether in contract, tort, or otherwise, shall not exceed the greater of the amounts paid by you to Food Friend in the twelve (12) months preceding the claim or one hundred dollars ($100). The existence of more than one claim will not enlarge this limit. You acknowledge that our suppliers and licensors will have no liability under these terms of use.

  15. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in Sections 13 (Warranty Disclaimer) and/or 14 (Limitation of Liability) above, as applicable, may not apply to you. The duration of any such warranty that may not be excluded is limited to a period of thirty (30) days after your first use of our Product, or, if such limitation on duration is not permitted under applicable law, to the minimum period permitted under applicable law.

  16. Indemnification. You agree to indemnify and hold Food Friend and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by Food Friend or any Indemnified Party arising out of or relating to your: (a) use of the Product; (b) your User Content; (c) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party; or (d) your violation of applicable laws or regulations.

  17. Termination. These Terms of Use shall remain in full force and effect for any period of time in which you are a user. You may terminate your Account at any time and for any reason by providing notice of termination to us through the Product or by sending an email to support@foodfriend.co. We may suspend or terminate your Account and/or suspend or terminate providing our Product to you (a) immediately, if we, in our sole discretion, believe that you are in breach of these Terms of Use; (b) at any time, if we decide, in our sole discretion, to stop providing the applicable Product by sending an e-mail to you at the e-mail address that you have provided for your Account or posting a notice on our Product; or (c) for any or no reason, by sending an e-mail to you at the e-mail address that you have provided for your Account. If you terminate your Account, we have no obligation to refund you any fees. If we terminate your Account without cause, we will refund you a pro rata portion of any fees that you have paid for the unused portion of the applicable subscription period(s). You understand that any termination of these Terms of Use and/or your Account may involve deletion from our databases of the information you provided in connection with your Account. We will have no liability whatsoever to you for any suspension or termination of your Account or any suspension or termination of our Product, or any deletion of any information you have provided to us. We may modify our Product at any time, for any reason, in our sole discretion. The following Sections will survive any termination of these Terms of Use: 2 (to the extent any amounts are owed by you as of termination of these Terms of Use), 3, 4A (but not the license granted therein to you), 4B, 4C, 4E, and 6 though 23.

  18. Amendment. These Terms of Use may be amended by Food Friend from time to time. If we make material changes to these Terms of Use, we may notify you by posting the revised Terms of Use on our Product or notifying you at your primary email address (if any, as specified in your Account information). You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms of Use will be effective immediately for new users of our Product; otherwise these changes will be effective upon the earlier of five (5) calendar days following our dispatch of an e-mail notice to you or five (5) calendar days following our posting of a notice on our Product. Your continued use of our Product five (5) calendar days after the changes are first notified by Food Friend as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your Account and cease using the Product. Except as otherwise provided in this Section 18, no amendment to these Terms of Use will be valid.

  19. Intended Audience. Our Product is maintained by Food Friend from its offices within the United States. Food Friend makes no representation that materials in our Product are appropriate or available for use in other locations. Those who choose to access our Product from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology, and other information from our Product are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology, or other information from our Product may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By accessing or using any software, technology, or other information from our Product in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

  20. General Provisions. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. These Terms of Use, and any other additional terms located on particular pages of our Product, constitute the entire agreement between you and Food Friend regarding the use of the Product.

  21. International Users. These Terms of Use were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. The Product are located in the United States. If you choose to use the Product or other services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information (as defined in the Privacy Policy at foodfriend.co/privacy-policy) to the United States and by providing your Personal Information you consent to (a) such transfer, and (b) the application of the laws of the United States and/ or the State of California with respect to any dispute arising from or related to these Terms of Use (except for any dispute arising out of your use of a Third Party Company’s websites or services, which shall be governed by the applicable Third Party’s Company’s terms of use and/or privacy policy), other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California.

  22. Governing Law. These Terms of Use, and any claim, dispute or controversy of any nature arising out of or relating to these Terms of Use, shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in the City of San Francisco, for the resolution of any such dispute.

  23. Contact Information. If you have any questions about these Terms of Use, please contact us by e-mail at support@foodfriend.co, marking the message “Attention: Terms of Use”.

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