Welcome to Food Ready, a software-as-a-service that is owned and operated by Food Ready LLC. (“Food Ready,” “we,” and “us”) and that enables you to generate your food safety documentation online. Food Ready is referred to in these Terms of Service as the “Service.”
Before setting up or using a Service account or by using the Service, you must read and agree to comply with and be bound by these Terms of Service (“Terms”). Your use of the Service is governed by these Terms of Service.
Clicking on the “Register” button is the same as signing a hardcopy contractual agreement. If you do not agree to the terms of service, you should not click on this button.
When you accept these terms, you agree to them on your own individual behalf and on behalf of the entity or organization by which you are employed or retained and for whose benefit you are using the service (“your organization”). You represent and warrant that you are authorized by your organization to agree to these terms on its behalf. References herein to “you” shall mean “you and/or your organization.”
1. The Service
The Service is an online application available at https://foodready.ai that allows users to receive the services, information, and content available there to create, upload, store, transmit, disseminate, print and otherwise distribute food safety plans and other information and content (herein, “User Content”). Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
3. Modification of These Terms
When using the Service, you are responsible for complying with any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Service. We may, at our sole discretion, modify or revise these Terms of Service and policies at any time, and using the Service after such modifications and revisions are posted you agree to be bound by them. If you do not accept and abide by any such modifications and revisions, stop using the Service.
4. A Commitment to High Availability
Food Ready will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”).
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 minutes per month of unavailability.
The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues that result from a suspension or remedial action described below:
- Caused by factors outside of our reasonable control, including any force majeure event such as: acts of God, terrorism, war, civil insurrection, strikes or other organized labor interruption, communications, mechanical, electronic, Internet or other utility interruptions or failures, including denial of service and other cyber-attacks or unauthorized or malicious data or system intrusions, including computer viruses or other malicious code, fire, explosions, floods or other natural disasters, or any similar cause;
- Resulting from any actions or inactions of you or any third party;
- Resulting from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control); or
- Resulting from any maintenance efforts.
5. Use of the Service
You are responsible for (i) your own communications and communications to and from your Service account, (ii) all User Content sent to and from your account, or stored under your account, and (iii) activity that occurs under your account (even when User Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (A) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably deterred by us; (B) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (C) prevent others from using the Service; or (D) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your account with the Service at our sole discretion, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or government request.
6. Content of the Service, Ownership, Feedback, and Intellectual Property Rights
We take no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. We reserve the right at all times to remove or refuse to distribute any User Content on the Service, such as content that violates the terms of this Agreement. We also reserve the right to access, read, preserve, and disclose any information and User Content as it reasonably believes is necessary to (A) satisfy any applicable law, regulation, legal process, or governmental request, (B) enforce this Agreement, including investigation of potential violations hereof, (C) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (D) respond to user support requests, or (E) protect the rights, property, or safety of Food Ready LLC, the Service users, and the public. We are not responsible or liable for the exercise or non-exercise of our rights under this Agreement.
address any issue or complaint concerning such User Content or any aspect of the Service; and (iv) to process such User Content to create aggregate, de-identified data (which shall be Our Intellectual Property).
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, content (except User Content) and all other elements of the Service or our products and services are provided and owned by (“Our Intellectual Property”). Our Intellectual property is protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and such intellectual property rights are the property of Food Ready. or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all of Our Intellectual Property are proprietary to Food Ready or its affiliates and/or third-party licensors.
You do not acquire any ownership rights in any of Our Intellectual Property under these Terms, or otherwise in connection with your use of the Service. All rights not expressly granted to you herein are expressly reserved. If you are permitted to use the Service and agree to these HAVI Connect Terms, you are hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable right solely for your internal business purposes (and not for redistribution) to use the aspects of the the Service that we authorize you to access. The foregoing license rights are subject to payment of any corresponding fees by you and compliance with any associated documentation and all applicable terms, including these Terms.
The trademarks, service marks, logos, slogans, trade names, trade dress, and domain names used on the Service or by us in connection with the Service are proprietary to us or our licensors. Unauthorized use of any trademark of ours or our licensors may be a violation of applicable trademark laws. Any third-party names or trademarks referenced in the Service or otherwise in Our Intellectual Property do not constitute or imply affiliation, endorsement, sponsorship, or recommendation by us of the third parties. You may not use a Food Ready logo or other proprietary graphic or trademark of Food Ready, or any term, mark, design, or logo that is likely to cause confusion with any Food Ready trademark, other than as expressly permitted herein, or as may otherwise expressly permitted by us in writing. All permitted usage of any Food Ready trademark inures to the benefit of Food Ready.
During the course of this Agreement or otherwise, You may provide, or we may solicit, input regarding the Service, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of the Service or any of our or our affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”). Any information we disclose to you related to or in response to Feedback shall be protected as our Confidential Information. For the consideration provided to you in the form of the right to use the Service, you agree that we shall own all rights, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential or proprietary. We and our affiliates and subsidiaries will be entitled to use the Feedback without restriction. You hereby irrevocably assign to Food Ready all rights, title, and interest in and to the Feedback and agree to provide us with any reasonable assistance we may require to document, perfect, and maintain its rights in the Feedback.
We do not claim any ownership in any of the User Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your Service account.
7. User Representations and Warranties.
You are solely responsible for your User Content and the consequences of uploading, storing, transmitting or otherwise distributing User Content to and/or from your Service account. Except as set forth herein, we will not use any User Content for any purpose except to provide the Service and provide our products and services to you.
By uploading, storing, transmitting or otherwise distributing User Content, you affirm, represent, and warrant that:
- A) the User Content and any use of it does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) violate any securities law or regulation in any jurisdiction, or (iii) slander, defame, or libel any other person;
- B) the User Content does not contain any viruses, adware, spyware, worms, or other malicious code; and
- C) the User Content will not prevent others from using the Service.
Violators of any third-party rights may be subject to criminal and civil liability. We reserve all rights and remedies against any users who violate these Terms of Service.
8. Content Disclaimer
You understand that when using the Service you may be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
Where applicable, we will process notifications of claimed infringement regarding User Content and any other information posted on the Service, under the Digital Millennium Copyright Act (“DMCA,” found at 17 U.S.C. § 512).
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice of claimed infringement. The notice must include the following information:
- 1. sufficient details to identify the copyrighted work(s) that you believe has been infringed upon;
- 2. a description of where the material that you claim is infringing is located on the App (for example, by providing URL(s));
- 3. information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- 4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 5. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the owner of or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- 6. your signature.
We will process your notification in compliance with the applicable provisions of the DMCA. Our designated agent to receive notifications of claimed infringement under the DMCA is:
Food Ready LLC
9. Statement of Policies
We disclaim any and all liability in connection with or arising from User Content uploaded, stored, transmitted, or otherwise distributed by you. In the event we receive any information or notice that any User Content uploaded, stored, transmitted or otherwise distributed by you violate these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, we reserve the right to immediately remove the User Content without notice to you and without any obligation to investigate an allegation of infringement. We further reserve the right in our sole and unfettered discretion to remove for any reason whatsoever and at any time, any User Content uploaded, stored, transmitted, or otherwise distributed by you, without prior notice to you.
We further reserve the right to terminate your access to the Service in the event you violate these Terms of Service.
10. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms of Service you agree not to:
- except as expressly permitted herein, use the Service for any purposes other than to access and use the Service as such functions and services are offered by us;
- share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Service accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Service or anyone through the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
- use the Service if you are not legally competent to do so;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- use any robot, spider, scraper, or other automated means to access the Service for any purpose or bypass any measures we may use to prevent or restrict access to the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
We reserve the right to scan all User Content posted tot he Service to ensure compliance with these Terms of Service. In the event we determine, in our sole discretion, that your use of the Service is in violation of these Terms of Service, we have the right without recourse by you to immediately terminate your account.
11. Account, Payment, Refund, Upgrading, and Downgrading
When you use the Service, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your Service account. Without limiting these Terms, the following payment terms apply to your account:
- A valid credit card is required for all accounts;
- If you initially sign up for a premium (non-free) account that includes a free trial, and you don’t cancel that account within the specified free trial period, you will be billed monthly at the date and time that your free trial period ends. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you cancel prior to the processing of your first invoice, during your free trial period, you will not be charged;
- An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading;
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
- We reserve the right to suspend your use of the Service at any time until all past due fees are paid in full.
- We reserve the right to adjust our pricing at any time upon written notice.
- Downgrading your subscription to the Service may cause the loss of User Content, features, or capacity of your account. We do not accept any liability for such loss.
12. User Indemnifications and Hold Harmless
You agree to defend, indemnify and hold harmless Food Ready, its affiliated companies, officers, directors, employees and agents (“Food Ready Group”) from and against all third-party claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Food Ready Group may sustain or incur by reason of (a) use of the Service, (b) a breach, alleged breach or violation of your warranties, representations and covenants, (c) any violation of any third party right arising from User Content submitted or uploaded by you, (d) User Content submitted or uploaded by you, (e) any violation of law, or (f) any violation of these Terms of Service; or (g) any gross negligence, willful misconduct, or fraud by you or others that you permit to use any aspect of the Service. Your obligation to defend, indemnify, and hold harmless the Food Ready Group shall survive these Terms of Service and the Service.
13. Disclaimer of Warranties
Use of the Service shall be at your sole risk. To the fullest extent permitted by law, the Food Ready Group disclaims all warranties, express or implied, in connection with the Service and use thereof. The Food Ready Group assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on our through the Service, (ii) personal injury or damage, of any nature whatsoever, in connection with your access to and use of the Service, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Food Ready website by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
You acknowledge that complex software is never wholly free from defects, errors, and bugs, and subject to the other provisions of this Agreement, we give no warranty or representation that the Service will be wholly free from defects, errors, and bugs. The Customer also acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, we give no warranty or representation that the Service will be entirely secure.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and other users of the Service or third-party providers of products or services.
14. Limitations of Liability
YOU AGREE NOT TO HOLD THE FOOD READY GROUP LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE AMOUNT THAT THE FOOD READY GROUP MAY BE LIABLE TO YOU FOR UNDER ANY THEORY OR CAUSE OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR ANY USER CONTENT OR OTHER CONTENT WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH CLAIM.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
You may terminate your use of the Services and/or terminate your account and this Agreement with or without cause at any time by providing notice to us; provided, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for us to process the termination. You may terminate your account ONLY in the manner set forth in this Section 15.
In addition to our right to terminate your account for using the Service in a manner that violates these Terms of Service as provided in section 10, we may at any time and for any or no reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you will be granted access to the data in your account for a 30 days after the date of termination. After 30 days after the date of termination, we shall have no obligation to preserve, maintain, store or make your data available and may delete or destroy data in your account and all copies on our systems or otherwise in its possession or control, except to the extent prohibited by law.
B) In order to terminate your account, you may contact us via email or telephone. You may also terminate your account from the account page in the Service.
16. Protecting Trade Secrets.
The Service is provided with RESTRICTED RIGHTS and constitute “Restricted Computer Application.” “Restricted Computer Application,” as used in this clause, means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is unpublished copyrighted computer software, including minor modifications of any such computer software. Use, duplication or disclosure by the U.S. Government, its agencies and/or instrumentalities, is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer software clause at 48 C.F.R. 252.227-7013 or subparagraphs (i) (1) and (2) of the Commercial Computer Application Restricted Rights of 48 C.F.R. 52.227-b19, as applicable, or their respective successor provisions. In addition, or alternatively, at our option, all software and software-related items licensed herein are “Commercial Computer Application” or “Commercial Computer Software Documentation” as defined in FAR 12.212 for civilian agencies and DFARS 227.7202 for military agencies, as applicable, or their respective successor provisions. The intent of the parties is that no intellectual property rights or confidentiality of the Service is lost, diminished or transferred as a result of the execution of these Terms. For purposes of these Terms, the Service is unpublished – all rights reserved under the copyright laws of the United States.
Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), you are is on notice and acknowledge that, notwithstanding the foregoing or any other provision of this Agreement:
- Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that- (A) is made- (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
- Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual- (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.
All Food Safety Plan, HACCP, and Standard Operating Procedure templates are intended for initial guidance and not intended for final, production use “as is”. You, and not us, are solely responsible for your implementation and modifications of any templates to ensure they accurately reflect your operations. We are not liable for your use of the templates or any other content or information available on the Service.
18. Miscellaneous Terms
- These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Newark, Delaware.
- We may transfer and assign our rights and obligations under these Terms without restriction. You may not transfer or assign any rights or obligations under these Terms of Service and any such transfer or assignment is void.
- You represent and warrant that you are legally competent to enter into these Terms of Service, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
- If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.
- No waiver of any term of these Terms of Service shall be deemed to constitute a continuing waiver of such term.
- We may publish Your name and logo on our web site and refer to you as a customer online, in print, and other advertising and materials, but only in a factually accurate manner.
- We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given five (5) days following the initial posting.
- Google Chrome, three latest releases only (Windows and Mac)
- Internet Explorer 11.0 or higher (Windows only)
- Firefox, two latest releases only (Windows and Mac)
- Safari, two latest releases only (Mac only)