Terms of Service

Our Services

Forrager Inc. (“Forrager”, “we”, “our”, or “us”) provides services (“Services”) through our websites, programs, and tools, including but not limited to a digital directory for advertising certain types of food businesses.

By using our Services, you agree to these Terms of Service (“TOS”), as well as any linked information herein. Please read it carefully. Some services we offer may be subject to additional terms and conditions, and those are incorporated into this TOS. You are responsible for any third-party fees or equipment associated with accessing our Services, such as an internet subscription service.

This TOS grants you a limited, revocable, nonexclusive license to use our Services in the manner permitted by these terms.

Eligibility

You must be 13 years of age or older to use our Services, and you must be able to form legally binding contracts under applicable law.

Content

Since much of the content on our Services is user-submitted, we are not responsible for that content. You are solely responsible for accessing this content and using it.

Forrager may provide you with content about our Services, the food industry, or other topics. Although we try our best to ensure that this information is accurate and complete, it does not constitute legal advice, and we are not responsible for any inconveniences, harm, or damages that result from your reliance on such content.

You cannot report (or otherwise seek the removal of) content on our Services without a personal, good-faith belief that the content violates this TOS. You can only report a specific item of content once.

Communication

We may provide users with the ability to send messages to other users and non-users and to post messages on our Services. We are under no obligation to review any messages posted on our Services by users, and we assume no responsibility or liability relating to any such messages.

Regardless of the preceding paragraph, we may from time to time monitor the messages on our Services and may remove and/or reject any of them. You understand and agree not to use any of our Services to post messages that contain:

• any unlawful, harmful, or potentially objectionable material;
• advertisements or solicitations;
• any kind of false information;
• anything that would infringe on the intellectual property rights of others;
• personal information (like phone numbers, social security numbers, or addresses);
• potentially destructive code;
• chain letters of any kind; or
• identical (or substantially similar) messages to multiple recipients.

This prohibition includes, but is not limited to using our Services to connect to people who don’t know you and sending messages to distribution lists or group aliases.

While using our Services, you may receive personal information, like an email address or physical address, from another user (such as during a product order). Unless you have the other user’s permission, you agree that you will only use that information for Forrager-related communications that pertain to the issue at hand.

Forrager will communicate with you by electronic mail or by posting notices on our Services. You agree that all communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Access

Certain areas of our Services are restricted to authorized users only. You cannot use robots, spiders, or similar data gathering and extraction tools to access our Services without our written permission. Additionally, you agree that you will not:

• take any action that imposes or may impose (to be determined at our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of our Services;
• bypass any measure Forrager uses to prevent or restrict access to our Services; or
• reverse engineer any part of our Services to acquire our source code.

We reserve the right to restrict your access to our Services, or to limit, change, interrupt, suspend, or discontinue any or all portions of our Services at any time, without notice.

Your Account

You can only maintain and use one account (“Your Account”) on our Services, which allows you to create, update, share, and publish information, data, text, messages or other materials.

By creating Your Account, you agree to maintain the information that you provide so that it is always true, accurate, current and complete. If you represent a business, you agree that you have the authority to bind the business to this TOS. You must not submit information on the behalf of others.

You cannot transfer or sell Your Account to another party.

Security

You are responsible for ensuring the confidentiality of Your Account and password, and you agree to accept responsibility for all activities that occur under Your Account. You agree to notify us immediately of any unauthorized use of Your Account or any other breach of security.

Your Content

We allow you to submit content to our Services (“Your Content”), which must be done personally and manually. However, we do not claim ownership of Your Content.

By submitting Your Content, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, host, store, copy, distribute, communicate, publish, perform, display, modify, create derivative works, and sublicense (through multiple tiers) Your Content. You must have the rights to the content you submit so that you can grant us this license.

You must not circumvent any technological measures we use to restrict how content is submitted or transmitted to others. We also reserve the right, but not the obligation, to regulate any of Your Content, even if we do not regulate other content that may be similar to yours.

Billing and Payment

Joining Forrager is free. However, we may charge fees for groupings of features on our Services, which are made available to you as a paid upgrade (“Paid Plan”). All fees are quoted in United States Dollars.

All payments through our Services are processed by Stripe. Forrager is not responsible for the performance of Stripe.

If you select a Paid Plan, you must provide and maintain current, complete, and accurate billing information. Credit cards are the only payment mechanism we accept. You agree to promptly notify us if your payment method is changed or if you become aware of a potential breach of security. If you fail to provide any of this information, we may continue charging you unless you cancel your Paid Plan.

If you select a Paid Plan, the credit card that you provide will be automatically and immediately billed on the day you sign up. You agree that Forrager may charge your credit card all amounts due and owing on a monthly basis. We will contact you via electronic mail to alert you upon each charge. As long as your Paid Plan remains active and in good standing, you will be charged, even if you never use our Services. You may, however, cancel your Paid Plan at any time.

Forrager may change fees at any time without prior notice, but we will try to provide reasonable advance notice via our Services and/or electronic mail. Any changes to our fees will become effective after we post the changes on our Services. We will never increase your monthly fee without your permission.

Refund

If you request a refund within 30 calendar days of the signup date of your Paid Plan, we will refund all payments you have made to Forrager within the 30 calendar days prior to the refund request. We will also cancel your Paid Plan if you have not already done so.

If you do not request a refund within 30 calendar days of the signup date of your Paid Plan, all payments you have made to Forrager are non-refundable.

Termination, Breach, Suspension and Cancellation

We reserve the right to suspend or terminate Your Account or any portions of it, and we may do so at any time for any reason.

If Forrager is unable to collect the fees owed to us for your Paid Plan, we may disable your access to the features provided by the Paid Plan, including any of Your Content associated with it.

If Your Account is suspended or terminated, it will be disabled and you may not be able to access Your Account or other content (including Your Content) contained in it. Forrager may delete Your Content, although residual copies of information may remain in our system for some time for backup purposes. Forrager may also withdraw and reallocate any public web addresses associated with Your Account.

If you request that Forrager delete Your Account and/or Your Content, either via means provided on the Forrager website, or via communication to us, we will make all reasonable efforts to do so.

Directory

Our Services act as a directory to allow users to list their food businesses and/or food items, which includes the ability to order food items. Forrager does not pre-screen users or any items they list.

Responsibility

You are responsible for knowing the legality of the business and/or food items you are listing on our Services.

You agree and understand that buying and selling food items involves a certain degree of risk, and you will not hold Forrager accountable for any inconveniences, harm, or damages that result from using our Services. You agree that you are entirely responsible for protecting yourself and/or your business.

If you are unable to access Your Account for any reason (including the suspension or termination of Your Account), you are still responsible for any incomplete orders that are associated with Your Account.

Listing

You can only list a legal food business that you own, and you can only list food items that your business is legally allowed to sell. You must list items in their appropriate category on our Services, and you must make sure that your listing is accurate and completely describes your item.

Regardless of the preceding paragraph, Forrager prohibits certain items. You cannot list or sell any items that fall into, or contain items in, the following categories:

• adulterated food (like impure, unsafe, poisonous, or illegal food);
• copyrighted or trademarked items that you don’t own the rights to;
• drugs (except caffeine);
• items not intended for human consumption (unless it is reasonably clear, at our sole discretion, that the item should not be consumed, like a cake decoration);
• live animals;
• medicinal herbs;
• offensive items (this includes, at our sole discretion, sexually-oriented or potentially offensive items, like listings with profanity or pornography); or
• tobacco or other smokeable items.

Even beyond these standards, you must make important moral and ethical decisions about the items you list on our Services. Forrager reserves the right to suspend or remove your items from our Services at any time and for any reason.

Ordering

Our Services act as a venue to allow users to order food-related items. Forrager does not act as an intermediary, and we are not directly involved in orders. Forrager does not transfer legal ownership of items from the seller to the buyer, and we are not responsible for any orders made through our Services.

Before ordering a food-related item, you are responsible for reading the full item listing. You understand that the item you order may be made after you order it.

Once you have authorized an order, you must not cancel it, except as required by law. However, we reserve the right to refuse or terminate any order or attempted order at any time at our sole discretion. Some sellers may charge additional fees for certain services they offer, like delivery fees.

General Legal Terms

Disclaimers

YOU USE OUR SERVICES ENTIRELY AT YOUR OWN RISK. ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE ACCURACY, RELIABILITY, SECURITY, TIMELINESS, AND PERFORMANCE OF OUR SERVICES AND CONTENT ACCESSED THROUGH OUR SERVICES, (B) ANY MALICIOUS CODE OR HARMFUL CONTENT ACCESSED THROUGH OUR SERVICES, (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS PROMISED OR EXCHANGED, INFORMATION OFFERED OR EXCHANGED, OR OTHER CONTENT RELATED TO THE USE OF OUR SERVICES.

Limitation of Liability

YOU UNDERSTAND THAT WE CANNOT GUARANTEE THAT OUR SERVICES WILL ALWAYS FUNCTION PROPERLY, SO PLEASE BE AWARE THAT YOU USE OUR SERVICES AT YOUR OWN RISK. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF OUR SERVICES.

ORDERS PLACED THROUGH OUR SERVICES ARE MADE DIRECTLY BETWEEN THE BUYER AND SELLER, AS WE ARE NOT INVOLVED IN THE TRANSACTION OURSELVES. WE MAY CHOOSE TO HELP RESOLVE DISPUTES THAT ARISE BETWEEN USERS, BUT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED. WE ALSO DO NOT GUARANTEE THE TRUTH OR ACCURACY OF ITEMS LISTED ON OUR SERVICES, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

REGARDLESS OF THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO FORRAGER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.

Release

We are not responsible for any user or their conduct. If you have a dispute with one or more users, you release Forrager (and our affiliates, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Indemnity

You agree to indemnify and hold Forrager (and our affiliates, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.

Privacy

We have created a Privacy Policy covering the collection, use, and disclosure of user information.

Links

We may provide links to other websites or resources. Since we have no control over such resources, you agree that we are not responsible for them in any way.

Trademarks and Copyright

The trademarks, logos and service marks displayed on our Services are the property of Forrager and other parties. You are prohibited from using them in connection with any product or service in any manner that is likely to cause confusion.

All information and content available on or through our Services is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such content for commercial or public purposes.

Intellectual Property Infringement

We respect others’ intellectual property, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with all of the following information:

• identification of the intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Services;
• 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;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
• your address, telephone number, and email address; and
• your physical or electronic signature.

Forrager’s agent for intellectual property infringement can be reached at:

support@forrager.com

or

Amendments

We may amend this TOS at any time by posting the amended terms on this page, so you should check it regularly. Additionally, if you have an account, we will notify you through the email address associated with Your Account. All amended terms will become effective no sooner than 14 days after they are posted. However, changes addressing new services or made for legal reasons will become effective immediately. If you do not agree to the modified terms for this TOS, you should discontinue your use of our Services. This TOS must not be otherwise modified except in a written agreement that is signed by you and us.

Survival

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

About These Terms

If any of these terms are deemed unenforceable, the unenforceable condition will not affect any of the other terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

The laws of the State of Nevada, without regard to conflict or choice of law principles, will apply to any disputes arising out of this TOS or the use of our Services. You and Forrager agree to submit to the personal jurisdiction of the courts located in Clark County, Nevada with respect to any legal proceedings that may arise in connection with this TOS. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, you must file your claim or cause of action within one year after such claim or cause of action arose or be forever barred.

The failure of Forrager to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Forrager does not guarantee it will take action against all breaches of this TOS.

This TOS does not create any third-party beneficiary rights.

This TOS constitutes the entire agreement between you and Forrager, superseding any prior agreements between you and Forrager.