Terms Of Service
Overview
Last Updated: September 23, 2025
These End User Terms of Service (these “Terms”) are a legal agreement between you and the Company Inc. dba The FoodHealth Company (“The Company”, “FoodHealth Co.”, “we”, “our”, or “us”) governing your access to and use of our websites, APIs, software development kits, extensions, applications, and related services (collectively, the “Services”).
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. To register as a user of the Services you must be 18 years or over. If you are agreeing to these Terms on behalf of a third-party entity, you represent and warrant that you have sufficient right to bind such third party to these Terms, in which case, all references to “you” in these Terms shall be references to such third party. If you’re accessing and using the Service as a result of an Agreement between The Company and another third-party (for example, your employer or your insurance provider) (each, a “Third-Party Agreement”), certain sections of these Terms may not apply to you.
By using the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
In the case of inconsistencies between these Terms and information included in any other materials related to the Sites or the Services (e.g., promotional materials), these Terms will always govern and take precedence.
Section 1: Services and Products
1.1 Description. The Services consist of access to and use of the Company’s proprietary food scoring technology, including but not limited to:
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APIs that provide nutrition scoring, product-level insights, and related data services;
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software development kits (SDKs), plug-ins, and browser extensions that deliver scoring and insights;
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optional end-user applications or integrations that allow individuals to view scores, insights, and related information.
The Services are designed for use by third-party developers, retailers, and other business partners. The Company does not sell or deliver meals, groceries, or food products.
1.2 Availability. The Company uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of the Company. The Company will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of the Company. You agree that the Company will not be liable to you for any unavailability, modification, suspension, or discontinuance of the Service. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
1.3 Registration. You may access certain online features of the Services through your account on the Sites (your “Account”). You must log into your Account using a unique username and password. You are responsible for safeguarding your password and you shall not disclose your password to any third party. You are responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to the Company about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current, and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. The Company reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you shall notify us immediately at support@foodhealth.co.
1.4 Site Access; Feedback. Subject to these Terms, the Company grants you a personal, limited, revocable, non-exclusive, and non-transferable right to access and use the Sites and Services. This license is exclusive to you and you may not sublicense this right. The Company expressly retains all ownership rights, title, and interest in and to all aspects of any software, Services, and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Services and Sites. You may not modify the Sites or Services, create derivative works of the Sites or Services, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Sites or Services that would reveal any source code, trade secrets, know-how, or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess, or control the source code or any other aspect of the Sites or Services. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Sites or Services or displayed by, on, or in the Sites or Services. You may use the Sites and Services only while these Terms remain in effect. Under no circumstances will you have any rights of any kind in or to the Sites after any termination or expiration of your agreement to these Terms for any reason. If you send, transmit, or communicate any materials, feedback, or suggestions of any kind to the Company by mail, email, telephone, live chat, or otherwise proposing or recommending any changes or improvements to the Site or Service or both, including, without limitation, any new features or functionality, or any comments, questions, or suggestions (collectively “Feedback”), the Company has the right to use the Feedback without any limitation, attribution, or obligations to you and without the requirement to pay any compensation. You hereby assign all right, title, and interest to the Feedback to the Company. You will take any and all actions reasonably requested by the Company in order to effectively transfer and assign this ownership to the Company, or to confirm ownership to a third party.
Section 2:
User Content and Submissions
2.1 Copyright in Your Content. In connection with your access to, or use of, the Sites and the Services, you may have the opportunity to upload to the Site certain information, data, text, sound, photographs, graphics, video, messages, or other materials (collectively, “Content”). You hereby consent to the Company’s disclosure of Content to third parties. The Company does not claim ownership rights in any such Content that you make available. You unconditionally grant to the Company a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered; and (b) exercise any and all other present or future rights in the Content. As between you and the Company, you remain the owner of all Content that you make available in connection with the Services. You represent and warrant to the Company that you are the owner of the copyright to the Content or that you have written permission from the copyright owner to use such Content. In addition, you warrant that all moral rights in any Content have been waived. You shall indemnify and hold the Company harmless for any violation of this provision.
2.2 Review of Content and Materials. While the Company does not and cannot review all material on the Sites, and is not responsible for its content, the Company reserves the right to review all Content and remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. You hereby provide your irrevocable consent to such monitoring and review. In addition, you acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including, without limitation, chat, text, or voice communications. The Company will not be liable for the Content of any submission.
Section 3:
Third Party Software and Linking
Although we may make software, applications, advertisements, hyperlinks, and other products and services of third-party companies available to you (collectively, “Third-Party Products”), your use of such Third-Party Products is subject to the respective terms and conditions imposed by the third party owning, manufacturing, providing, or distributing such products, and the agreement for your use will be between you and such third party. The Company is not responsible for any Third-Party Products. Access to and use of any Third-Party Product is at your own risk and is solely determined by the relevant Third-Party Product provider and is subject to such additional terms and conditions applicable to such Third-Party Product. When you click on a link to a Third-Party Product, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. The Company makes no warranty with regard to the services, products, or websites of any other entity. The Company has no control over the content or availability of any third-party service, software, or website. In particular, (a) the Company makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses and (b) it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
Section 4: Suspension and Termination
Subject to our obligations under any applicable Third-Party Agreement, the Company reserves the right to suspend or terminate your access to and use of the Sites and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Terms, or any other policies or guidelines set forth by the Company, or (b) Conduct that the Company believes is harmful to other users of the Sites or Services, or the business of the Company or other third party information providers. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Sites or Services. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Section 5: Privacy
The Company collects, uses, and discloses information about you—including information collected through our APIs, browser extensions, applications, and related services—in accordance with the Company Privacy Policy, which can be viewed https://www.foodhealth.co/privacy (“Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, the Company cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Section 6:
No Medical Advice
In connection with the Site, Service and Products, the Company may give you certain dietary recommendations based upon your Content and Customer Data. You acknowledge that all recommendations, input, and other information obtained in connection with the Service are for informational purposes only, are not medical advice, and have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory agency or health care professional. The Sites, Services, and Products are not a substitute for any medical advice provided by your physician, and you should not use the Sites, Service, or Products for preventing, diagnosing, or treating a health problem, disease, or condition. Your healthcare and dietary decisions are your sole responsibility. Company representatives are not trained medical professionals and do not give medical advice. If you may have a health condition you should seek prompt medical attention. If you believe the recommendations you are following or the Products that you purchased through the Sites are causing you harm, you should stop immediately and seek medical attention.
For clarity, all scores, insights, outputs, and recommendations provided by the Services are informational only and are not intended to provide, and should not be relied upon as, medical, nutritional, or wellness advice. Any reliance you place on such information is strictly at your own risk.
Section 7:
Disclaimer of Warranty
THE SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. The Company EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SERVICE, PRODUCTS, ADVICE AND RECOMMENDATIONS MADE VIA THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Company MAKES NO WARRANTY THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITES OR SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS OR THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS. THE COMPANY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY PRODUCTS OR SERVICES, PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS EMPLOYEES OR AFFILIATES WILL CREATE A WARRANTY.
Section 8:
Rules of Conduct
8.1 Distribution of Content. You agree that you will not distribute any Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; (b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (c) infringes or violates any right of a third party including any copyright, patent, trademark, trade secret, or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; (d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (f) does not generally pertain to the designated topic or theme of the Sites; (g) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (h) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
8.2 Use of the Services. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
(a) register for the Sites and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy;
(b) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Sites, any other computer network, or any part of the Services;
(c) use the Sites or the Services in connection with any commercial endeavors not expressly permitted by The Company or without The Company’s prior written consent;
(d) post your personal information such as instant messaging addresses, personal URLs, physical addresses, and phone numbers in any publicly viewable areas of the Sites;
(e) post or give out any financial information or transmit electronically or physically any money to other users;
(f) create user accounts by automated means or under fraudulent or false pretenses;
(g) create or transmit unsolicited electronic communications such as spam to users or promote any products or services;
(h) harass, threaten, or intentionally embarrass or cause harm or distress to another person or group;
(i) collect, aggregate, or publish any information about any of our users without their express consent;
(j) adapt, modify, or reverse engineer any portion of the Services or the Sites, except to the extent expressly permitted by applicable law notwithstanding this prohibition;
(k) use any spider, robot, retrieval application, scraper, or any other automated means to access, query, copy, extract, reproduce, scrape, harvest, or otherwise obtain any material or data from the Sites or Services for any purpose not expressly permitted by The Company;
(l) disseminate, store, or transmit viruses, worms, Trojan horses, ransomware, or other malicious or destructive code or programs;
(m) encourage conduct that would constitute a criminal or civil offense or give rise to liability under applicable law;
(n) violate any applicable federal, state, local, or international law or regulation;
(o) exploit any person, including but not limited to exploiting any child under 18 years of age;
(p) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
(q) solicit personal information from a child under 18 years of age;
(r) submit false or misleading information to The Company, the Sites, or other users;
(s) engage in any other activity deemed by The Company to be in conflict with the spirit of these Terms and the Privacy Policy;
(t) attempt to access, modify, tamper with, or otherwise interfere with The Company’s models, scoring algorithms, training data, weights, source code, internal metrics, logs, or any other proprietary system or process (including by using API endpoints, undocumented interfaces, or any means of probing or fuzzing) or attempt to discover or derive any trade secrets or other proprietary information;
(u) attempt to extract, export, copy, scrape, harvest, or otherwise obtain bulk, systematic, or machine-readable access to The Company’s datasets, outputs, or model responses, including but not limited to using the Services to create a competing dataset or to train, fine-tune, or evaluate any third-party model, without The Company’s prior written consent;
(v) share, resell, sublicense, transfer, lease, or otherwise make available the Services or any credentials used to access the Services to any third party except as expressly permitted in a signed written agreement with The Company;
(w) remove, alter, or obscure any proprietary notices or labels on the Sites, Services, or any output;
(x) circumvent any usage limits, quotas, authentication or authorization mechanisms, rate limits, or other security measures implemented by The Company;
(y) reverse engineer, decompile, disassemble, decrypt, or attempt to reconstruct, discover, or derive the source code, structure, algorithms, data, or know-how underlying the Services (including but not limited to any browser extension, SDK, or API client), whether by manual means, automated tools, or any other technique; or
(z) use the Services to build or operate a product or service that is substantially similar to or directly competes with The Company’s Services.
For clarity, the foregoing prohibitions include, without limitation, using browser extensions, client integrations, desktop or mobile apps, local scripts, proxies, or any other technical means to intercept, capture, record, or forward data from The Company’s Services to third parties, to store or cache The Company’s raw model outputs for the purpose of bulk export, or to bypass any protections The Company implements to limit systematic extraction of Service content.
If The Company determines, in its sole discretion, that you have breached this Section 8.2, The Company may, in addition to any other remedies available at law or in equity, immediately suspend, restrict, or terminate your access to the Sites and Services, revoke any licenses granted to you, and seek injunctive or other equitable relief to prevent or mitigate any unauthorized or unlawful activity. You agree to indemnify, defend, and hold harmless The Company and its affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of this Section 8.2.
8.3 Monitoring. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are solely responsible for your interactions with other users of the Site and Service and any other parties with whom you interact with through the Service; provided, however, that the Company reserves the right, but has no obligation, to intercede in any disputes between you and such third party. You agree that the Company will not be responsible for any liability incurred as the result of such interactions.
Section 9: Proprietary and Privacy Protection for Other Users’ Content on the Sites
The Company hereby notifies you that all the information, content, image files, software, and materials on the Sites may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. The Company is unable to provide you with permission to copy, display, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur because of your activities on the Sites. The Company has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold the Company harmless for any violation of this provision.
Section 9: Proprietary and Privacy Protection for Other Users’ Content on the Sites
14.1 You agree to indemnify, and hold Bitewell, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Sites, Services, or Products; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Sites, Services, or Products caused damage to a third party.
14.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES, PRODUCTS, AND SERVICES AND ANY RELIANCE UPON ANY OF THE FOREGOING IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BITEWELL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA, OR OTHER INTANGIBLES, EVEN IF BITEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS, OR THE SERVICES, FROM ANY CHANGES TO THE SITES, THE SERVICES, OR PRODUCTS OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE, AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES, PRODUCTS, AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
14.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4, IF YOU ARE DISSATISFIED WITH THE SITES, PRODUCTS, OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL BITEWELL HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, PRODUCTS, AND THE SERVICES. THE TOTAL LIABILITY OF BITEWELL TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES, PRODUCTS, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES AND PRODUCTS DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO LIABILITY. IT IS THE INTENTION OF YOU AND BITEWELL THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
14.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 11:
General
11.1 Modification. The Company may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Sites or Services after the “Last Updated” date at the top of these Terms. If you have created an Account, we will notify you of any material changes to these Terms by email sent to the address you have provided to the Company for your Account. Your continued access to or use of the Sites or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Sites or Services.
11.2 Electronic Communications. The communications between you and the Company may take place via electronic means, whether you visit the Sites or send the Company e-mails, or whether the Company posts notices on the Sites or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
11.3 Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at support@foodhealth.co. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and the Company are unable to reach a resolution to the dispute, you and the Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its San Francisco, California office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and the Company agree that any arbitration will be limited to the dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
11.4 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
11.5 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and the Company because of these Terms or use of the Sites or the Services.
11.6 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
11.7 Force Majeure. The Company will not be liable for any breach of these Terms, or for any delay or failure of performance, resulting from any cause beyond the Company’s reasonable control.
11.8 Waiver. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
11.9 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
11.10 Contact. The Company is in San Francisco, California. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: support@foodhealth.co
By Postal Mail: 530 Bryant, San Francisco CA 94107
For questions related specifically to product data, please use our product submission form: https://www.foodhealth.co/client-submission-form
11.11 Entire Agreement. These Terms constitute the entire agreement between you and the Company and govern your use of the Sites and the Services, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.