Hello and welcome to Sift Food Labels ("we", "us", "our", or "Sift Food Labels")!
The Sift Food Labels website (the "Site"), its applications (the “Apps”), and content available on the Site and Apps (the “Content”) are copyrighted work belonging to Sift Food Labels, Inc., a Delaware corporation ("we", "us", "our", or "Sift Food Labels"). Sift Food Labels services help consumers make food choices through ingredient information. The Site, the Apps and the Content are together referred to herein as the “Services”.
IMPORTANT NOTE: THIS AGREEMENT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER AS FURTHER DESCRIBED BELOW.
This terms of service agreement ("Agreement") sets forth the legally binding terms for your use of the Services. This agreement is accepted by your accessing and/or use of the services. You may not access and/or use the services or accept the agreement if you are not at least 16 years old and a resident of the United States. By accessing and/or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. If you do not agree with all provisions of this Agreement, please do not access and/or use the Services.
All information contained on the Services (including the site, apps, and content), including but not limited to ingredients, ingredient categorization, diets/lifestyles, and information related to ingredient usage in other countries is for general informational purposes only and not provided as medical advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the Services’ contents.
The Services may include material provided by third parties or links thereto, including materials provided by product manufacturers, other users, bloggers, and third-party licensors and links permitting you to purchase products available for purchase from third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sift Food Labels. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or for any products sold to you by any third parties.
We may update the information on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Sift Food Labels does not assume any liability for inaccuracies or misstatements about products, whether based on manufacturer information, third party information, or on our own information or for any products sold to you by any third parties. You should carefully read all information provided by the manufacturers of the products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. For additional information about a product, please contact the manufacturer directly.
Information on the Services is not intended as a substitute for the advice provided by a qualified and licensed healthcare professional. You should not use information on the Services for the diagnosis or treatment of a health problem or diseases. You should always consult your healthcare provider before making any dietary or nutritional changes.
In addition to all other limitations and disclaimers in this agreement, Sift Food Labels disclaims any liability or loss in connection with the information provided on the services or any product purchased from a third party that may be displayed or linked to in the Services. YOU AGREE TO ASSUME ALL RISK OF PERSONAL INJURY, SICKNESS OR LOSS, BODILY INJURY (INCLUDING DEATH) OCCASIONED TO YOU OR ANY THIRD PARTY, DAMAGE TO OR LOSS OF, OR DESTRUCTION OF ANY PERSONAL PROPERTY OR ECONOMIC LOSS RESULTING FROM OR ARISING OUT OF THE USE OF THE SERVICES.
Use of Services at Your Own Risk. Your access to and use of the Services is at your own risk. Sift Food Labels will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm (as referenced above), that results from your access to or use of the Services, or reliance on any information or advice with respect to any food products.
Modification of Services. Sift Food Labels reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Site, Apps, and any APIs) or any part thereof with or without notice. Sift Food Labels reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, all or any part of the Services without notice to you. Sift Food Labels may modify or remove any Content from the Services at any time without notice to you. You agree that Sift Food Labels will not be liable to you or to any third party for any modification, suspension, discontinuance or removal of the Services or any part thereof.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
The Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Sift Food Labels, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Services, except as follows:·
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.·
- You may store files that are automatically cached by your Web browser for display enhancement purposes.·
-You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.·
-If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.·
-If we provide social media features, you may take such actions as are enabled by such features.
You must not:·
-Modify copies of any materials from the Services.·
-Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.·
-Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services.
If you wish to make any use of material forming part of the Services other than as described in this section, please address your request to firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to any part of the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Sift Food Labels’ name, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sift Food Labels or its affiliates or licensors. You must not use such marks without the prior written permission of Sift Food Labels. All other names, logos, product and service names, designs, and slogans displayed in connection with the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:·
-In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).·
-For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.·
-To send, knowingly receive, upload, download, use, or re-use any material that does not comply with any content standards we may publish from time to time, including the content standards set forth in this Agreement.·
-o transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.· To impersonate or attempt to impersonate Sift Food Labels, a Sift Food Labels employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).·
-To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Sift Food Labels or users of the Services, or expose them to liability.
Additionally, you agree not to:·
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.·
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.·
- Use any manual or automatic process to monitor or copy any of the material forming part of the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.·
- Use any device, software, or routine that interferes with the proper working of the Services.· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.·
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.·
- Otherwise attempt to interfere with the proper working of the Services.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.
All User Contributions must comply with the Content Standards set out in any content standards we may publish from time to time, including the Content Standards set out in this Agreement.
You represent and warrant that:·
-You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.·
-All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sift Food Labels, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
MONITORING AND ENFORCEMENT
We have the right to:·
-Remove or refuse to post any User Contributions for any or no reason in our sole discretion.·
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Sift Food Labels.·
-Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.·
-Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.·
-Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:·
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.·
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.·
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.·
- Be likely to deceive any person.·
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.·
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.·
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.·
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, or advertising.·
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Sift Food Labels respects the intellectual property rights of others and requires that its users do the same. If you believe that any material displayed on the Services or other activity taking place on the Services constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Sift Food Labels, Inc.
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
It is the policy of Sift Food Labels to terminate access to the Services for any repeat infringer of copyrights.
LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to the Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.This Services may provide certain social media features that enable you to:·
-Link from your own or certain third-party websites to parts of the Services.·
-Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:·
-Establish a link from any website that is not owned by you.·
-Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.·
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
INFORMATION COLLECTED THROUGH THE SERVICES
Sift Food Labels will treat any feedback or suggestions you provide to Sift Food Labels as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Sift Food Labels to the contrary, you agree that you will not submit to Sift Food Labels any information or ideas that you consider to be confidential or proprietary. You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
APP STORES, THIRD PARTY SITES & ADS, OTHER USERS
Third Party Sites & Ads. The Services may contain links to third party sites and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Sift Food Labels and Sift Food Labels is not responsible for any Third Party Sites & Ads. Sift Food Labels provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, Apps or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Release. You hereby release us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
FEES AND PAYMENTS Fees. You agree to pay any applicable subscription fees for your account identified in our app or on our website when you select a subscription plan or otherwise communicated to you in writing ("Fees"). Fees are denominated and payable in United States dollars. Base subscription Fees are charged monthly in advance and any additional fees (for example, Fees arising from usage of the Services in excess of the usage covered by your base subscription Fees) are charged monthly in arrears. Your subscription will automatically renew for a new subscription of the same type and period if you do not cancel your subscription at least 24 hours before the end of the current subscription period. If you have not previously used our Services, we may provide a free trial for such number of days as is identified in our app or on our website when you select a subscription plan (a “Free Trial”). If you are given a Free Trial your first Fees will be due at the end of the Free Trial and will be charged automatically unless you cancel your subscription prior to that date. In all other cases, your first Fees will be due when you subscribe. All Fees paid are nonrefundable.
All Fees are payable via a third party, as further described below.
Surcharges. Fees are exclusive of any applicable sales, use, excise, import or export taxes, duties, value-added taxes, tariffs or similar surcharges (“Surcharges”). In the event we are required by law to withhold Surcharges on your behalf, we may pay such Surcharges to the authorized taxing authority and, upon demand, you agree to reimburse us for amounts paid.
Collection. You agree to reimburse us for any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred to collect any Fees or Surcharges not paid when due.
You acknowledge and agree that all payment transactions will be undertaken by a third party, including Google Pay, iTunes and any payments processor we may engage. Payments are subject to the terms and conditions of such third party as well as (where applicable) the terms of your own banking institution or credit card provider. You hereby authorize Sift Food Labels and its third-party payments providers to charge you for all applicable fees via the method you have selected through such third party payments provider (for example, credit card or debit card). You agree to provide us with accurate and timely payment information. In the event that we are unable to charge Fees via the payment method provided, and you do not provide us with another method prior to the required payment date, then your ability to access and use the paid portion of the Services will be suspended or terminated in our sole discretion.
Fees payable shall continue to accrue during any period of account suspension. Amounts due must be paid in full as a condition precedent to reactivation, which reactivation will be in our sole discretion.
The owner of the Services is based in the State of Washington in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Your use of the Services is at your own risk. The Services and any User Contributions are provided "as is", without warranty or condition of any kind, either express or implied. Without limiting the foregoing, sift food labels explicitly disclaims any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement.
Sift Food Labels makes no warranty that the Services or User Contributions will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Sift Food Labels makes no warranty regarding the quality of any products, services, or information obtained through the Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Services including, without limitation, any information or advice with respect to any food product. Sift Food Labels does not regularly monitor or update the accuracy or reliability of the content or user content.
No advice or information, whether oral or written, obtained from Sift Food Labels or through the Services will create any warranty not expressly made herein or create any liability on the part of Sift Food Labels.
The Services are for consumer general use only. Nothing contained in the services is or should be considered, or used as a substitute for, medical, nutritional or any other professional advice, diagnosis or treatment. The Services do not constitute the practice of any medical, nutritional, dietetic, nursing or other professional health care advice, diagnosis or treatment. Sift Food Labels advises users to always seek the advice of a physician or other qualified, licensed health care provider with any questions regarding personal health, nutrition or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified, licensed health care provider because of something you have read on the Services. Sift Food Labels makes no representations or warranties about the information, tools, or content included on the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
Please also review the specific disclaimers in section “certain disclaimers”.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES OUT OF WHICH LIABILITY AROSE IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY You agree to indemnify and hold Sift Food Labels its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless, including with regard to costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, including your use of any information made available through the Services, (b) your User Contributions, or (c) your violation of this Agreement. Sift Food Labels reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnified party and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sift Food Labels or, where relevant, any other indemnified party. Sift Food Labels will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Changes to this Agreement You acknowledge and agree that Sift Food Labels may revise this Agreement from time to time. All changes are effective immediately when we post them, however, any changes to the dispute resolution provisions set out in this Agreement will not apply to any disputes for which the parties have actual notice before the date the change is posted. By continuing to access or use the Services after Sift Food Labels makes any such changes, you agree to be bound by the revised Agreement.
Waiver. The failure of Sift Food Labels to enforce any right under or provision of this Agreement will not be deemed a waiver of such right or provision.
Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Dispute Resolution. Please read this arbitration agreement carefully. It is part of your contract with Sift Food Labels and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
If, for some reason, a Dispute (defined below) arises (i) between you and Sift Food Labels in connection with your use of the Services, you, and Sift Food Labels agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you and Sift Food Labels agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.
Instead of suing in court, you, and Sift Food Labels are waiving the right to a trial by jury or to participate in a class action or representative action. You agree that, by entering into this Agreement, you and Sift Food Labels are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement, and can award damages and relief, including attorney’s fees authorized by law.
Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Services or the agreement between us, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Services or after the Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, that are based on, relate to, or arise out of in any way our Services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we bring against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing matters whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior agreement with Sift Food Labels; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.
Before a you or Sift Food Labels may seek arbitration, the party must first send the others a written notice of Dispute (a “Notice”) describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to Sift Food Labels should be sent to the address set forth at the end of this Agreement. After the Notice is received, the parties may attempt to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days of the Notice, any party may initiate an arbitration.
Unless you and Sift Food Labels agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you first accessed the Services. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
The Federal Arbitration Act (“FAA”) applies to this agreement and this arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Sift Food Labels to arbitrate on a class-wide, representative or consolidated basis.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SIFT FOOD LABELS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sift Food Labels expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
You and Sift Food Labels are each responsible for their respective costs, including counsel, experts, and witnesses. Sift Food Labels will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
As an alternative to arbitration, we may resolve Disputes in small claims court in the county where you resided at the time you first accessed the Services. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Sift Food Labels on your behalf.
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
If you have any questions about these Terms of Service, please contact Sift Food Labels at hello@SiftFoodLabels.com.