OUTSTANDING FOODS TERMS OF USE

    Thank you for visiting Outstanding Foods (the “Site”).  Please read the following information carefully.  These Terms of Use govern your access to and use of the Outstanding Foods website.  This is a binding agreement.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE.  

We may change these Terms of Use from time to time.  We will post a notice on the Site any time these Terms of Use have been amended or updated.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.

    The sections of this document are outlined below:

  1. Where can I find your Privacy Notice?
  2. What happens if I share or lose my account information?
  3. What age do I have to be to use this Site?
  4. Do I have to create an account?
  5. How can I delete my account?
  6. How do I comply with intellectual property laws?
  7. Do you link to third party sites?
  8. Disclaimers and Limitations on Liability.
  9. Indemnity.
  10. What governing law applies?
  11. What if I live outside of the United States?
  12. Whom should you contact with questions or concerns?
  13. When was this notice last updated?
   
1.     Where can I find your Privacy Notice?

Outstanding Foods respects your privacy.  Our Privacy Notice governs the use of information collected from or provided by you at the Site.  A complete statement of our current Privacy Notice can be found at: https://www.outstandingsfoods/privacynotice.  Our Privacy Notice is incorporated herein by reference.  

2.    What happens if I share or lose my account information?

If you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form.  You may be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time.  You may share your account, username, or password with someone else at any time.  You agree to notify us immediately of any unauthorized use of your account, user name, or password.  We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by Outstanding Foods, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.  We reserve the right to terminate your account at anytime.

3.     What age do I have to be to use this Site?
   
    Outstanding Foods is committed to protecting the on-line privacy of children.  While this site is operated for the enjoyment of general audiences, we are mindful children may also visit this site.  Children are not required to provide any personal information to use any part of this site.  We also do not knowingly collect information from children under 13 years of age and they are not permitted to register as a user for the site or to receive communications from us.

    If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
   
4.     Do I have to create an account?

    Outstanding Foods allows, but does not require that you register and/or set up an account to use all features of the Site.  To set up an account you are required to provide a unique username, and choose a strong password.  If any of your information changes, you should update it on the Site.  
    You may not pretend to be somebody else when registering and/or setting up an account on the Site. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

5.    How can I delete my account?

    If you would like to permanently delete your account, you can email us at hello@outstandingfoods.  Please allow up to 10 business days for processing.

6.    How do I comply with intellectual property laws?

Nothing posted on the Site grants a license to any Outstanding Foods trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise.  You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the written permission of the Outstanding Foods Executive Management Team.  When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  
    The Site, as well as the selection and arrangement thereof, are the sole property of Outstanding Foods and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Our express written consent.  No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
    All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Outstanding Foods or such Marks’ respective owners.  You may not display or reproduce the Marks other than with Our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.  The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

7.    Do you link to third party sites?

    Outstanding Foods may link to or be linked from other websites that are not maintained by, or related to, Outstanding Foods.  Outstanding Foods does not endorse, and is not responsible for, the content of any of those third-party websites.  You acknowledge that Outstanding Foods has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website.  We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws.  Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

8.    Disclaimers and Limitations on Liability.

    OUTSTANDING FOODS PROVIDES ITS SITE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Outstanding Foods cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.  Outstanding Foods makes no representations – your use the site is at your sole risk.  We also do not guarantee that the Site is free from viruses or other harmful components.  
OUTSTANDING FOODS AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SITE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some states (including, but not limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you.  You may also have other rights that vary from state to state.
You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site.  If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “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.”

9.    Indemnity.

You agree to indemnify, defend, and hold harmless Outstanding Foods, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Outstanding Foods will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10.    What governing law applies?

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, United States of America in all disputes arising out of or related to the use of the Site.

11.    What if I live outside of the United States?

    The Outstanding Foods is hosted and operated entirely in the United States and is subject to United States law.  Please do not provide us with any information or attempt to purchase our products if you live outside of the United States.  If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action.  This may include terminating your account and deleting your information.  We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at hello@outstandingfoods.
12.    Whom should you contact with questions or concerns?


    If you have any questions or comments relating to the Outstanding Foods Site or this Terms of Use, send an email to hello@outstandingfoods.

13.    When was this notice last updated?

    September 6, 2018.