The following terms (“Terms of Use”) constitute an agreement Nutrifox, LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by the Company and the web-based software application associated with the website and any other associated services, located at https://nutrifox.com.

Throughout these Terms of Use, “Website” refers to the website in its entirety, both its public and paid components, including the Service and Plugin. The “Service” refers solely to the web-based application, which is available only to users who have paid for access to the Service, which allows creation of nutrition information which may be embedded on your personal websites. Additionally, we may refer to the “Plugin,” which refers solely to the Nutrifox WP Connector Plugin.

Your use of the Website, Service, or Plugin constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, its Service, its Plugin, its policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website, Service, or Plugin.

Important Note: The Service was designed to create nutrition information that will be displayed in the style of a nutrition label, which may be embedded on your website. The Service should not be used for creation of nutrition labels for food packaging. If you use the Service for this purpose, you agree that the Company will not be liable for any damages or actions that occur as a result.

PURCHASE AND REFUND POLICY

Not all services will be available to all users of the Website. Purchase is required to access some services, such as the Service. You may use the Service for all personal websites under the same ownership as the subscription to the Service.

Free-Trial Period

Company offers a 14-day free trial of the Service. After that time, you must purchase the Service to retain continued access. No credit card is required for the free trial.

During the trial period, all embedded nutrition information will include a link to Nutrifox. This cannot be removed unless you have paid for the Service.

Food Blogger Pro Member Benefit

If you are a Food Blogger Pro member with an annual membership, you will receive the Service at no additional cost to you. You will, however, need to register for an Account and comply with these Terms of Use.

Account Creation

Upon registration for a free trial or at the time of purchase, you must register an account (“Account”) by providing certain required information, such as your name and email address. Creation of your Account will grant you access to the Service.

By registering for an Account, you represent and warrant that you are: a) at least 18 years old and b) the owner or representative of the owner of any websites on which the embedded nutrition information will be displayed. You understand and agree that you are responsible for updating the email address associated with your Account as this will be the method through which Company will contact you.

By creating the Account, you agree to abide by these Terms of Use. You understand and agree that you may not use the Website or any of the Website’s functionality, including the Service, in any way that is deemed prohibited by these Terms of Use. Company may reject or cancel your Account for any reason, in Company’s sole discretion.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

Payments

A valid payment method, including credit card, is required to process the payment for your ongoing use of the Service. You shall provide the Company with accurate and complete billing information including full name, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all fees incurred through your Account to any such payment instruments.

Refunds

After the trial period, refunds are not generally available for the Service. We will, however, consider refunds on a case-by-base basis. Please email support@nutrifox.com to inquire.

Cancellation

You will be billed periodically, based upon the membership selected at the time you purchased access to the Service. Any renewals will be made to the credit card you have stored with our payment processor. In order to avoid being charged, you must cancel at least one (1) day prior to the next charge. Upon termination, you will no longer have access to your Account.

Impact of Cancellation

Upon cancellation of the Service, your embedded nutrition information will continue to display for 30 days; however, these embedded links will have a link to Nutrifox added. 30 days after the cancellation, the labels will be removed from your website. In the event that you reactivate your account in the future, the labels will become active again and no link to Nutrifox will appear on the embedded nutrition information.

Changes to Price of the Services

We reserve the right to modify any prices on the Website, at any time. If you are an existing user of the Service, we will notify you of any price changes prior to your next billing date.

Termination

Company reserves the right to terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.

NUTRIFOX CONNECTOR PLUGIN

All users of the Service, both paid and those on a free trial, may use the Plugin. The Plugin is available for WordPress sites. For more information about the plugin, click here. The Plugin is not compatible with any other software, except the Service.

INTELLECTUAL PROPERTY RIGHTS

Company is the owner of the Website, the Service, the Plugin, and all services and rights associated therewith. This includes all contents, features, and functionality, including, but not limited to, the Website, the Service, the Plugin, software, text, displays, images, video, and audio, and the design of the Website. The Website, Service, and Plugin are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

You agree to not not copy, modify, distribute, sell, or lease the Website, Service or Plugin, or any part thereof or attempt to unlock or bypass any encryption or other protections the Company has employed. The Service constitutes Company’s trade secrets and confidential information. You will not use any such information to duplicate the Service, to develop a similar Service, or to enable any third party to do any of the foregoing. Any violation of this provision shall be deemed to be an infringement of Company’s intellectual property and may result in termination of your Account in Company’s sole discretion and/or taking any legal action that Company may deem necessary.

Unless otherwise noted, the design, content, and all components of the Website, Service and Plugin are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

Nutrifox is a registered trademark of the Company. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Website may legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Any rights not expressly granted herein are reserved by Company.

LICENSE FOR USE OF THE SERVICE

If you have created an Account, Company grants you a limited, non-exclusive, non-transferable license to use the Service. When you use the Service, you authorize Company to to display and analyze data related to the content you enter into the Service. The Service uses and references outside databases to gather the nutrition information. While the Service’s software and all functionality related thereto are the sole property of Company, Company makes no claim to own any such databases.

When using the Service, you will receive code that you can embed on your website, either manually or through the Plugin. By using the Service, you agree not to modify or manipulate the embeddable code. Modifying the code may cause errors. You agree that Company is not responsible for any errors caused by your modifications to the code.

By using the Service, you receive a non-exclusive, limited license to display the embeddable code generated on your website, which will display nutrition information in the style of a nutrition label.

You are the owner of the data processed by the Service, which would be accessed through your Account and the embeddable code. Company makes no claims to your data. You may use the data entered into, or processed by, the Service in any way, including to further your commercial interests in the website being analyzed by the Service.

Custom Data Entries

From time to time, if a product is not yet listed in the databases used by the Service, you may manually enter the nutrition information for a particular ingredient. In the event that this manually entered information is vetted and deemed appropriate, we reserve the right to incorporate this information into the database, which is accessible to all users of the Service. By entering this information, understand and agree that this information may later become available to other users of the Service.

PROHIBITED USES OF THE SERVICE

You agree not to use the Service for to:

  1. Create nutrition labels for packaged food products;
  2. Interfere or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, or regulations of networks connected to the Service;
  3. Violate any applicable local, state, national, or international law, or any regulations having the force of law;
  4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Solicit information from any person; or,
  6. Obtain or attempt or otherwise obtain any materials or information through any means not intentionally made available or provided through the Service.

LICENSE FOR USE OF THE PLUGIN

If you have created an Account, you may elect to install the Plugin on your WordPress website. Company grants you a limited, non-exclusive, non-transferable license to use the Plugin for use in conjunction with the Service. The Plugin will allow you to embed the code generated by the Service in WordPress posts or pages. Use of the Plugin is subject to all other licenses provided in these Terms of Use.

PROHIBITED USES OF THE PLUGIN

You agree not to use the Plugin for to:

  1. Interfere or disrupt the Plugin or servers or networks connected to the Plugin, or disobey any requirements, procedures, or regulations of networks connected to the Plugin;
  2. Violate any applicable local, state, national, or international law, or any regulations having the force of law;
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Solicit information from any person; or,
  5. Obtain or attempt or otherwise obtain any materials or information through any means not intentionally made available or provided through the Plugin.

REVOCATION OF LICENSES

If you breach this license or the Terms of Use, the Company reserves the right to immediately revoke your Account. No right, title, or interest in or to the Website, including the Service, Plugin, or its content, is transferred to you. All rights not expressly granted herein are expressly reserved by Company. Any use of the Website, including the Service or Plugin, or its content in a way not expressly permitted by these Terms of Use may be deemed a breach of the Terms of Use and may violate copyright, trademark, and other laws.

USE OF THE WEBSITE

From time to time, the Website will utilize various plugins or widgets to allow sharing of content, such as blog posts, via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to the Company.

DISCLAIMER

Company disclaims any and all liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or Service. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or Service.

Additionally, the Company is not responsible for any errors and omissions found on the Website or Service. Nor is Company responsible for any errors or omissions related to any databases from which Company compiles the nutrition information used in the Service.

The embeddable nutrition information that you obtain from the Service has not been evaluated by the Food and Drug Administration.

YOUR RESPONSIBILITY IN USING THE WEBSITE

The Website, which specifically includes the Service and Plugin, was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. As stated herein, you accept full responsibility of any errors that may occur due to your modification of the embeddable code or custom entries. Company assumes no responsibility for errors or omissions that may appear in the Website.

PROHIBITED USES OF THE WEBSITE, SERVICE, AND PLUGIN

All references to the Website specifically include the Service and Plugin. You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software. You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without the Company’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

You must not use the Website for any third-party marketing without Company’s express written permission.

CONTENT CONTRIBUTED TO THE WEBSITE

In limited circumstances, you may contribute content to the Website, inclusive of any use of the Service or Plugin, including, but not limited to, custom entries, comments, posts, or submissions. Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

COMMUNICATION

If you send Company an email, register to use the Website, create an Account, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from the Company satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by the Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Company assumes no control or liability over the content of any third-party websites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED THEREIN.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE PLUGIN IS AT YOUR SOLE RISK. THE PLUGIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Company makes no warranty the Website, Service, or Plugin will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website, Service, or Plugin. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website, Service, or Plugin. The Website, Service, and Plugin are written in English and Company makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF COMPANY IS THE AMOUNT YOU HAVE PAID TO COMPANY.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or, (iv) your use of the Website, Service, or Plugin.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Ramsey County, Minnesota. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by the Company. Company reserves the right to amend or modify these terms, as stated above.

All notices with respect to the Terms of Use must be in writing and may be via email to support@nutrifox.com for Company and to your email