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Terms of Service

This website (“Site”) is owned by the Food Marketing Institute. The following are the terms and conditions (“Terms”) that govern use of this Site. By using the Site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree with these Terms, please do not use this Site.

We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy to learn more about the personal information that we collect at the site and how we handle your personal information.

PERMITTED USE AND COPYRIGHT POLICY

All Content on this site is owned or used with permission by FMI or individual food suppliers. The Content includes all data, information, text, trademarks, software, logos, wallpaper, icons, characters, artwork, images, audio clips, graphics, music, sound, pictures, videos, and other material and content on this Site, as well as the arrangement and selection of the Content. Your unauthorized use of the Content may violate copyright, trademark, patent, privacy, and other U.S. and international laws, and may infringe upon the rights of FMI, food suppliers, and other third parties not owned by or affiliated with FMI. Such unauthorized use could result in your personal liability, including potential criminal liability.

Except for Content you have submitted or posted to this Site, you may not alter, archive, copy, reproduce, duplicate, publish, transmit, adapt, display, modify or otherwise use or distribute any Content on this Site unless specifically authorized by FMI or an individual supplier to do so, provided that retailers designated by individual suppliers are granted a limited, non-sublicensable right to access and use the site and download Content from the site for use internally to facilitate the exchange of information pertaining to supplier audits. You may not use bots, data mining, or any other technique to extract data or information from the Site, and any attempt to interfere with this Site could subject you to civil and criminal penalties.

USER GENERATED CONTENT

This Site provides an opportunity for registered suppliers to post information relating to audits of their operations, and make such information available to retailers designated by them. In providing Content to this site, each supplier represents and warrants that (1) it is the owner or licensee of the Content and has a right to post it, (2) the Content does not and will not violate the intellectual property, proprietary, or publicity rights of any person, and (3) the posting of the Content and the Content does not and will not violate these Terms or any FMI policy.

A supplier’s posting of Content to this Site is subject to the following rules:

  • Each supplier is responsible and liable for any Content that it submits, posts, or displays;
  • No supplier shall use this Site for any unauthorized or illegal purpose;
  • No supplier shall submit, post, or display any Content that is harmful, offensive, threatening, libelous, defamatory, unlawful, obscene, or otherwise objectionable; and
  • Use of this Site is limited to posting information relating to audits, and no supplier shall use this Site to promote any other commercial activity.

FMI reserves the right, in its sole discretion, to

  • Review, edit, or delete any Content posted by users;
  • Deny or restrict access by any individual or company who fails to comply with these Terms, and any other policies or rules that FMI may implement; and
  • Deny access to this Site by any user.

THIRD PARTY CONTENT

Certain names, service marks, trademarks, and logos (collectively “Trademarks”) are owned by FMI. All other Trademarks (“Third Party Trademarks”) are the property of their respective owners. FMI is not responsible for the display or use of any Third Party Trademarks, nor does the use of any Third Party Trademarks, or any references to a supplier or its products or services on this Site, constitute an endorsement by FMI of such parties or their products or services. FMI does not endorse or warrant the accuracy or reliability of, or assume any liability in connection with, any Content on this Site that is provided or posted by third parties, or any of their products or services.

LINKS TO THIRD PARTY WEBSITES

The Site may contain references or links to third party sites. FMI has no control over such third party sites or the Content on them. Your use of any linked site is subject to the terms and conditions of use and privacy policy of the operator of the linked site, so you should review them carefully. FMI disclaims all liability in connection with your use of linked sites.

VIOLATIONS

Any violation of these Terms may result in termination of your account or limits on your ability to access this site. FMI reserves the right, in its sole discretion, to use or disclose any information you provide to third parties to investigate or take action in response to violations or suspected violations of these Terms. FMI is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms.

DISCLAIMER

FMI does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an “as-is” and “as-available” basis. FMI cannot ensure that files AND INFORMATION you download from the Site will be free of viruses or contamination or destructive features. FMI disclaims all warranties, express or implied, including warranties of merchantability, TITLE, NON-INFRINGEMENT, and fitness for a particular purpose. FMI will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages.

DISPUTES

If there is any dispute about or involving the Site, by using the Site, you agree that the laws or the District of Columbia without regard to its conflict of law provisions will govern the dispute. You agree to personal jurisdiction by and venue in the state and federal courts of the District of Columbia.

INDEMNITY

You agree to indemnify and hold FMI, its subsidiaries, affiliates, officers, agents, business partners, and employees, harmless from and against any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to upload Content or other information to the Site.

CHANGES

FMI reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page each time you visit for changes. Your continued use of this Site constitutes your acceptance of such changes.