(Effective as of January 2021)
- LICENSE GRANT.Subject to your continued compliance with this Agreement, JBHG provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use FoodTradeHub.io during the term of this Agreement on your personal computer, laptop, mobile phone or other mobile computing device only for personal or internal business purposes.
In connection with the foregoing license and as the only right to sublicense, you may also enable an individual employee(s) of yours (each, an “Authorized User(s)”) to access and use FoodTradeHub.io so long as all such use remains in compliance with this Agreement. Moreover, you acknowledge and agree that you shall be responsible for monitoring your and your Authorized User(s)’s use of FoodTradeHub.io and for maintaining compliance with the terms and conditions of this Agreement. Accordingly, any breach of this Agreement by an Authorized User(s) shall constitute a breach by you. In connection with this license, references to “you” or “user” throughout this Agreement mean you, any Authorized User(s), and the corporate or entity-level client of JBHG that accesses FoodTradeHub.io per any other agreement with JBHG. The content layout, formatting, and features of and online or remote access processes for FoodTradeHub.io shall be as specified by JBHG in its sole discretion. You also acknowledge and agree to the following: (i) JBHG has the right to control and direct the means, manner, and method by which FoodTradeHub.io is provided; (ii) JBHG may, from time to time engage independent contractors, consultants, or subcontractors to aid JBHG in providing FoodTradeHub.io or use thereof; and (iii) JBHG has the right to provide FoodTradeHub.io to others.
- RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are hereby reserved to JBHG. Accordingly, you are hereby prohibited from using FoodTradeHub.io in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit FoodTradeHub.io, or any portion of FoodTradeHub.io without JBHG’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of FoodTradeHub.io or in any way reproduce or circumvent the navigational structure or presentation of FoodTradeHub.io to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through FoodTradeHub.io, (b) attempt to gain unauthorized access to any portion or feature of FoodTradeHub.io or any other systems or networks connected to FoodTradeHub.io or to any JBHG server or to any of the services offered on or through FoodTradeHub.io, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of FoodTradeHub.io any network connected to FoodTradeHub.io, nor breach the security or authentication measures on FoodTradeHub.io or any network connected to FoodTradeHub.io, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to FoodTradeHub.io, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of FoodTradeHub.io or JBHG’s systems or networks or any systems or networks connected to FoodTradeHub.io, (f) use any device, software, or routine to interfere with the proper working of FoodTradeHub.io or any transaction conducted on FoodTradeHub.io, or with any other person’s use of FoodTradeHub.io, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to JBHG on or through FoodTradeHub.io, or (h) use FoodTradeHub.io in an unlawful manner.
- ATTRIBUTION. In order to reflect JBHG’s ownership of FoodTradeHub.io and to protect JBHG’s interests therein, you shall ensure that proper attribution and notice appears with any use of FoodTradeHub.io. You shall also undertake to include in connection with any printout or subsequent use of any content from FoodTradeHub.io a notice including the following information, “Copyright © JBHG (or its licensors)” and such other information as designated by JBHG. In accordance with the foregoing, during the Term of this Agreement, JBHG hereby grants to you a limited, non-exclusive, non-transferable right and license to use the full trade name of “JBHG” solely in connection with your attribution of the applicable content. In connection with this trademark license grant, you agree to comply with any guidelines for use as provided by JBHG from time to time.
- USER OBLIGATIONS.By downloading, accessing, or using FoodTradeHub.io, you represent and warrant that you will abide by all applicable local, state, national laws and regulations with respect to your use of FoodTradeHub.io, and that you are at least the legal age of majority. In addition, you agree to assume all responsibility concerning your use of FoodTradeHub.io, including being held responsible for any and all activity occurring through your username and password (and the related account access). You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to JBHG through FoodTradeHub.io; and (ii) you will at all times comply with the terms and conditions of this Agreement. Moreover, by installing, accessing, or using FoodTradeHub.io, you agree to allow JBHG to collect certain information regarding your use of FoodTradeHub.io (including, without limitation, certain data regarding feature utilization, navigation, and personal information (g., name, email, etc.), and further agree to provide JBHG reasonable cooperation in connection with operation of or support for FoodTradeHub.io. You also agree to receive electronic communications from JBHG. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or relating to FoodTradeHub.io or JBHG’s services. These electronic communications are part of your relationship with JBHG and you receive them as part of your use of FoodTradeHub.io. You therefore hereby agree that any such notices, agreements, disclosures or other communications that JBHG sends you electronically will satisfy any legal communication requirements.
- You may be required to register to use FoodTradeHub.io. Each registration is for a single user only, unless otherwise expressly agreed upon by JBHG. Registration for access to and use of FoodTradeHub.io may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by JBHG in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of JBHG, which may be withheld in its sole discretion. You shall immediately notify JBHG if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password. JBHG will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
- FEEDBACK. JBHG welcomes your feedback and suggestions about JBHG’s products or services or with respect to how to improve FoodTradeHub.io. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to JBHG, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to JBHG and enable JBHG to use such Feedback. In addition, any Feedback received by JBHG will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for JBHG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
- BILLING.If you place any orders through FoodTradeHub.io, you are thereby expressly agreeing that JBHG is permitted to bill you the applicable fees, any applicable tax, and any other charges you may incur with JBHG in connection with your use of FoodTradeHub.io and any associated JBHG services or solutions. You agree that the fees will be billed to your credit card or PayPal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason when due and payable, JBHG reserves the right to either suspend or terminate your order. You further acknowledge and agree that JBHG reserves the right, at any time, to change its prices and billing methods (on a going forward basis) for products or services sold or licensed or for use of FoodTradeHub.io, effective immediately upon posting in FoodTradeHub.io or by electronic communications to you. Please review the applicable pricing before placing any order.