Member Center
Terms of Service

1. Services and Conditions of Use
Welcome to FoodShowcase.com (FS) Online Service for the Food Industry! As part of our service, FS agrees to provide you with interactive features, access to member information and other services that FS may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, FS may modify this Agreement at any time. You agree and continue to agree to use FS Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Rules For Online Conduct in Interactive Features.
By using the Service, you agree that you will not post any of the following material in Service chatrooms, discussion groups or other interactive features any of the following:
  • Material which defames, abuses or threatens others.
  • Statements that are bigoted, hateful or racially offensive.
  • Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
  • Unauthorized copyrighted material.
  • Material that contains vulgar, obscene or indecent language or images.
  • Advertising or any form of commercial solicitation.
  • Material that does not pertain to the room, discussion group or features given topic.

    Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, FoodShowcase.com at its sole discretion may terminate Customer's account.

    3. Price And Payment
    Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. FoodShowcase.com reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide FS with valid credit card information.

    Please Note: FS will automatically renew and charge Customer's account as follows:
  • Upon every one (1) year anniversary for Annual fees or Subscriptions.

    The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by FS. Customer will have thirty (30) days after the date that any renewal fee is posted to Customer's charge account to notify FS that he or she wishes to cancel his or her fees or subscriptions. FS will cancel Customer's account upon receipt of such notification and post a credit to Customer's charge account equal to the latest renewal fee charged.

    Customers right to use the Service is subject to any limits established by FS or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to FoodShowcase.com for any reason, including chargeback, FS reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of FS hereunder.

    Customer understands that pre-paid membership fees and initial directory subscription fees are not refundable. Renewal fees and subscriptions are subject to membership approval as outlined above. If Customer has a balance due on any FS account, Customer agrees that FS can charge these unpaid fees to their credit card.

    FoodShowcase.com reserves the right to establish a credit limit (the "Ceiling") for each Customer. If a Customer's account reaches the ceiling at any time, Customer agrees that FS may immediately bill their credit card for all unpaid charges on account. Until further notice, the ceiling for each Customer shall be $100.

    If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Service), Customer must promptly change Customer's password and notify FS of the problem (by notice given as described in Section 9 below) to avoid possible liability for any unauthorized charges to Customer's account.

    4. Non-Transferability of Membership
    FoodShowcase.com grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use the FS on any machine(s) of which Customer is the primary User. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this membership license. Any attempt to sublicense, transfer, sell or assign the membership license is void.

    5. Customer Posting of Materials
    FoodShowcase.com grants Customer permisssion to post files for online distribution on Profiles, or other services as deemed available by FS, on the Service. The posting of any other type of file and the posting of unauthorized links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

  • Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services;. material of a sexually explicit nature, including photographs and text.
  • Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material.

    Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that FS and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.

    7. Limitation Of Liability And Warranty
    CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. FOODSHOWCASE.COM SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOODSHOWCASE.COM MEMBERSHIP LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, FS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

    1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND

    2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT FS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

    NEITHER FS NOR ANY OF ITS OWNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

    8. Trademarks
    FoodShowcase.com and FS are trademarks of New Media Solutions, Inc. All other trademarks appearing on the Service are trademarks of their respective owners.

    9. Notice
    FoodShowcase.com may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in FS's membership account information, or by written communication sent by first class mail to a Customer's address on record in FS's account information. You may give notice to FS (such notice shall be deemed given when received by FoodShowcase.com at any time by any of the following:

  • Electronic mail to bizdev@FoodShowcase.com

    10. Indemnification
    Customer agrees to indemnify and hold FoodShowcase.com harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold FS harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

    11. Termination Of Service
    User may terminate this Agreement at the conclusion of the initial year term for subcription or member fees and may choose to not use the service at anytime.

    FoodShowcase.com may terminate your account or access rights to this Service at any time, without notice, for conduct that FS believes violates this Agreement or other policies or guidelines that FS has posted on a FS feaure service. FS may terminate your account or access rights to this Service for online conduct that FS believes is harmful to other Customers, to FS's business, or to other information providers.

    12. Choice Of Law
    This Agreement shall be construed and controlled by the laws of the State of Virginia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Virginia. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Virginia.

    13. Merger Clause
    This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between FoodShowcase.com representatives and Customer. FoodShowcase.com may amend or modify this Agreement or impose new conditions at any time upon notice from FS to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.

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