AGREEMENT BETWEEN USER AND Lima® Food
The Lima® Food Web Site is comprised of various Web pages operated by Lima. The Lima® Food Web Site is oftered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Lima® Food Web Site constitutes your agreement to all such terms , conditions, and notices.
Lima reserves the right to change the terms , conditions, and notices under which the Lima® Food Web Site is offered, including but not limited to the charges associated with the use of the Lima® Food Web Site.
LINKS TO THIRD PARTY SITES
The Lima® Food Web Site may contain linkstoother Web Sites ("Linked Sites"). The Linked Sites are not under the control of Lima® Food and Lima® Food is not responsible for the contentsof any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updatestoa Linked Site. Lima® Food is not responsible for webcasting or any other form of transmission received from any Linked Site. Lima® Food is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lima® Food of the site or any association with its operators .
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Lima® Food Web Site, you warrant to Lima that you will not use the Lima® Food Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Lima® Food Web Site in any manner which could damage , disable, overburden, or impair the Lima® Food Web Site or interfere with any other party's use and enjoyment of the Lima® Food Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Lima® Food Web Sites.
USE OF COMMUNICATION SERVICES
The Lima® Food Web Site may contain bulletin board services , chat areas, news groups , forums, communities , personal web pages, calendars , and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively , "Communication Services") , you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service . By way of example , and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse , harass, stalk , threaten or otherwise vialate the legal rights (such as rights of privacy and publicity) of ethers. Publish, post, upload, distribute or disseminate any inappropriate , profane, defamatory, infringing, obscene , indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents . Upload files that contain viruses , corrupted files , or any other similar software or programs that may damage the operatien of another's computer . Advertise or offer to sell or buy any goods or services tor any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys , contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions , legal or other proper notices or proprietary designations or labels of the crigin or souree of software or other material contained in a file that is uploaded. Restriet or inhibit any other user trom using and enjoying the Communication Services . Vialate any code of conduct or other guidelines which may be applicable tor any particular Communicat ion Service . Harvest or otherwise collect intermation about ethers, including e-mail addresses , without their consent. Vialate any applicable laws or regulations. Lima® Food has no obligation to monitor the Communication Services . However, Lima® Food reserves the right to review materials posted toa Communication Service and to remave any materials in its sole discretion. Lima® Food reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reasen whatsoever. Lima Food reserves the right at all times to disclose any intermation as necessary to satisfy any applicable law, regulation , legal processor governmental request , or to edit, refuse to post or to remave any informat ion or materials , in whole or in part, in Lima® Faod's sole discretion . Always use eautien when giving out any personally identifying intermation about yourself or your children in any Communication Service . Lima® Food does not control or endorse the content , messages or information found in any Communication Service and, therefore , Lima® Food specifically disclaims any liability with regard to the Communication Services and any actions resulting trom your participation in any Communication Service . Managers and hosts are not authorized Lima® Food spokespersons, and their views do not necessarily reflect those of Lima® Food. Materials uploaded toa Communication Service may be subject to posted limitations on usage, reproduetion and/or dissemination. You are responsible tor adhering to such limitations if you download the materials .
MATERIALS PROVIDEO TO Lima® Food OR POSTED AT ANY Lima® Food WEB SITE
Lima does not claim ownership of the materials you provide to Lima® Food (including feedback and suggestions) or post, upload, input or submit to any Lima® Food Web Site or its associated services (collectively "Submissions") . However, by posting, uploading , inputting , providing or submitting your Submission you are granting Lima, its affiliated companies and necessary sub licensees permission to use your Submission in conneetion with the operatien of their Internet businesses including , without limitation, the rights to : copy, distribute , transmit , publicly display , publicly perform, reproduce, edit, translate and retormat your Submission ; and to publish your name in conneetion with your Submission . No compensation will be paid with respect totheuse of your Submission , as provided herein . Lima is under no obligation topostor use any Submission you may provide and may remave any Submission at any time in Lima's sole discretion . By posting, uploading, inputting , providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including , without limitation, all the rights necessary tor you to provide, post, upload, input or submit the Submissions .
THE INFORMATION, SOFTWARE , PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Lima® Food WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lima® Food AND/OR lTS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Lima® Food WEB SITE AT ANY TIME . ADVICE RECEIVED VIA THE Lima® Food WEB SITE SHOULD NOT BE RELlED UPON FOR PERSONAL , MEDICAL, LEGAL OR FINANClAL DECISIONS AND YOU SHOULD CONSULTAN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION . Lima® Food AND/OR lTS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY , RELIABILITY , AVAILABILITY , TIMELINESS , AND ACCURACY OF THE INFORMATION , SOFTWARE , PRODUCTS , SERVICES AND RELATED GRAPHICS CONTAINED ON THE Lima® Food WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS , SERVICES AND RELATED GRAPHICS ARE PROVIDEO "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Lima® Food AND/OR lTS SUPPLIERS HEREBY DISCLAIM ALL WARRANTlES AND CONDITIONS WITH REGARD TO THIS INFORMATION , SOFTWARE , PRODUCTS , SERVICES AND RELATED GRAPHICS , INCLUDING ALL IMPLIED WARRANTlES OR CONDITIONS OF MERCHANTABILITY, FITNESSFORA PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Lima AND/OR lTS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL , SPECIAL , CONSEQUENTlAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSOF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Lima® Food WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Lima® Food WEB SITE OR RELATED SERVICES , THE PROVISION OF OR FAILURE TO PROVIDE SERVICES , OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Lima® Food WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Lima® Food WEB SITE, WHETHER BASEDON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE , EVEN IF Lima OR ANY OF lTS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTlAL OR INCIDENTAL DAMAGES , THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Lima® Food WEB SITE, OR WITH ANY OF THESETERMSOF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Lima® Food WEB SITE. SERVICE CONTACT : firstname.lastname@example.org
Lima reserves the right, in its sole discretion, to terminate your access to the Lima® Food Web Site and the related services or any portion thereof at any time , without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington , U.S.A. in all disputes arising out of or relating to the use of the Lima® Food Web Site. Use of the Lima® Food Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership , employment, or agency relationship exists between you and Lima as a result of this agreement or use of the Lima® Food Web Site. Lima's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lima's right to comply with governmental , courtand law entercement requests or requirements relating to your use of the Lima® Food Web Site or intermation provided to or gathered by Lima with respect to such use. lf any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including , but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lima with respect to the Lima® Food Web Site and it supersedes all prior or contemporaneous communications and proposals , whether electronic, oral or written, betweentheuser and Lima with respect to the Lima® Food Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicia! or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. lt is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Lima® Food Web Site are: Copyright by Lima and/or its suppliers. All rights reserved .
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies , organizations, products, people and events depicted herein are fictitious . No association with any real company, organization, product , person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved .
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2) , notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure tor Making Claims of Copyright lnfringement.
Lima® Food is committed to protecting your privacy and developing technology that gives you the most poweriul and safe online experience . This Statement of Privacy applies to the Lima® Food Web site and governs data colleetien and usage. By using the Lima® Food website, you consent to the data practices described in this statement.
Collection of your Personal lnformation
Lima collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number . Lima also collects anonymous demographic information , which is nat unique to you , such as your ZIP code, age, gender, preferences , interests and favorites . There is also intermation about your computer hardware and software that is automatically collected by Lima. This intermation can include: your lP address , browser type, domain names, access times and referring Web site addresses . This intermation is used by Lima Food tor the operatien of the service, to maintain quality of the service, and to provide general statistics regarding use of the Lima® Food Web site. Please keep in mind that if you directly disclose personally identifiable intermation or personally sensitive data through Lima public message boards, this intermation may be collected and used by others . Note: Lima does not read any of your private online communications . Lima encourages you to review the privacy statements of Web sites you choose to link to Lima so that you can understand how those Web sites collect, use and share your information . Lima is not responsible tor the privacy statements or other content on Web sites outside of the Lima family of Web sites .
Use of your Personal lnformation
Lima collects and uses your personal information to operate the Lima® Food Web site and deliver the services you have requested. Lima® Food also uses your personally identifiable information to inform you of other products or services available from Lima and its affiliates. Lima may also contact you via surveys to conduct research about your apinion of current services or of potential new services that may be offered . Lima does not sell, rent or lease its customer lists to third parties. Lima may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you . In those cases , your unique personally identifiable intermation (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Lima may share data with trusted partners to help us perform statistical analysis , send you email or postal mail, provide customer support, or arrange for deliveries . All such third parties are prohibited trom using your personal information except to provide these services to Lima, and they are required to maintain the confidentiality of your information .
Lima does not use or disclose sensitive personal information, such as race, religion, or political affiliations , without your explicit consent. Lima keeps track of the Web sites and pages our customers visit, in order to determine what Lima services are the most popular. This data is used to deliver customized content and advertising within Lima® Food to customers whose behavior indicates that they are interested in a particular subject area . Lima® Food Web sites will disclose your personal information , without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edict sof the law or comply with legal process served on Lima or the site; (b) protect and defend the rights or property of Lima; and, (c) act under exigent circumstances to protect the personal safety of users of Lima, or the public .
The Lima® Food Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server . Cockies cannot be used to run programs or deliver viruses to your computer. Cockies are uniquely assigned to you , and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cockies is to provide a convenience feature to save you time . The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages, or register with Lima® Food site or services , a cookie helps Lima to recall your specific information on subsequent visits. This simplifies the process of recording your personal information , such as billing addresses , shipping addresses , and so on. When you return to the same Lima® Food Web site, the information you previously provided can be retrieved, so you can easily use the Lima® Food Web Site features that you customized. You have the ability to accept or decline cookies . Most Web browsers automatically accept cookies , but you can usually modify your browser setting to decline cockies if you prefer . lf you choose to decline cookies , you may not be able to fully experience the interactive features of the Lima® Food services or Web sites you vis it.
Security of your Personal lnformation
Lima® Food secures your personal information trom unauthorized access, use or disclosure . Lima® Food secures the personally identifiable information you provide on computer servers in a controlled , secure environment, protected trom unauthorized access, use or disclosure . When personal information (such as a creditcard number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Lima will occasionally update this Statement of Privacy to reflect company and customer feedback . Lima encourages you to periodically review this Statement to be informed of how Lima is protecting your information .
Lima welcomes your comments regarding this Statement of Privacy. lf you believe that Lima has not adhered to this Statement , please contact Lima at email@example.com We will use commercially reasonable efforts to promptly determine and remedy the problem.