Terms of Service
THIS TERMS OF SERVICE IS A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND Genius Food Purchasing. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MUST NOT USE, AND ARE NOT AUTHORIZED TO USE ALL OR ANY PORTION OF THE Genius Food Purchasing SERVICE.
By registering for the Genius Food Purchasing Services you are agreeing to be bound by the following Terms of Service. The Services offered by Genius Food Purchasing under the Terms of Service include Services which relate to managing your product purchasing activities. Any such Services offered by Genius Food Purchasing are referred to in these Terms of Service as the "Services". Any new features or tools which are added to the current Services shall be also subject to these Terms of Service. You can review the current version of the Terms of Service at any time at: https://geniusfoodpurchasing.com/terms-of-service. Genius Food Purchasing reserves the right to update and change the Terms of Service by posting updates and changes to the Genius Food Purchasing website. You are advised to check the Terms of Service from time to time for any updates or changes that may apply. You must read, agree with and accept all the terms and conditions contained in this Terms of Service agreement, before you can become a Genius Food Purchasing user.
Management of Your Account
Terms of Your Account
The Service and the website https://geniusfoodpurchasing.com are owned and operated by Genius Food Purchasing. In its sole discretion, Genius Food Purchasing reserves the right to revise these Terms of Service at any time without prior notice. You are responsible for any change to any revision to these Terms of Service once that revision is posted to the website. If Genius Food Purchasing elects to provide you with notice of change to these terms you agree that such notice may be made by email. It is your responsibility to visit this page periodically to ensure your continued acceptance of these Terms of Service. Your continued use of the Service after a revision of these Terms of Service have been posted is your binding acceptance of such revision.
Your Account Information
You are required to provide Genius Food Purchasing with true and accurate information about yourself and your business and to keep that information current. If you email address you provide returns emails to Genius Food Purchasing as undeliverable Genius Food Purchasing has the right to cancel your Service.
Development of Service
The Service may be changed, modified or improved at any time. If you disagree with the Terms of Service or are dissatisfied with the Service, please let us know by sending an e-mail to firstname.lastname@example.org, however, your sole remedy is to stop using the Service.
You understand and agree that these Terms of Service are entered into in consideration of your use of the Service, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Use of the Service
Genius Food Purchasing may provide aspects of the Service through third parties ("Third Party Sites"). You may also be subject to the Terms of Service of use of any Third-Party Sites and you are solely responsible for your acceptance of and compliance with such terms.
Genius Food Purchasing is a tool that facilitates pricing comparisons between buyers and sellers. Genius Food Purchasing is never a party to any Purchase Order. All transactions between buyer and seller take place strictly between such buyer and seller pursuant to a Purchase Order. When Buyer and Seller enter into an agreement facilitated through the Service to be subject to any Purchase Order entered into between such Buyer and Seller, Buyer and Seller acknowledge and agree that Genius Food Purchasing has no liability for any provision set forth in a Purchase Order or for any claims arising out of a Purchase Order, including a claim of non-performance or breach by either party. Any dispute that does arise between a Buyer and a Seller, if dispute or disputed Purchase Order was facilitated by use of the Service, shall be resolved pursuant to the provisions of any Purchase Order entered into between a Buyer and Seller, if any, or as otherwise permitted by applicable law. To the maximum extent permissible under law, you agree not to involve Genius Food Purchasing in any litigation between you and any other party to a Purchase Order or to seek discovery or other participation from Genius Food Purchasing related to such litigation. If you join or involve Genius Food Purchasing in any litigation between you and such other party to a Purchase Order (e.g., through discovery), then you hereby agree to reimburse Genius Food Purchasing for all costs incurred by Genius Food Purchasing's participation in such litigation, including outside attorneys' fees.
Security of the Service
You are not allowed to violate or attempt to violate the security of the Service. Security violations and suspected violations could result in termination of your access to the Service and or criminal investigation. You will be issued login credentials when your account is registered. It is always your responsibility to maintain the confidentiality and security of your login credentials. You are responsible for all activities which occur through the use of your login credentials. You agree that Genius Food Purchasing is not liable for any loss or damage arising from the unauthorized use of your login credentials.
Genius Food Purchasing DOES NOT WARRANT, REPRESENT, OR GUARANTEE THE INTEGRITY, RELIABILITY, OR ACCURACY, OF FOOD PRODUCTS, MERCHANDISE OR SERVICES SUPPLIED, DELIVERED, OR ACCESSED THROUGH THE SERVICE. ALL PRODUCTS AND INFORMATION PROVIDED BY A SUPPLIER THROUGH THE SERVICE ARE ATTRIBUTABLE ONLY TO THE SUPPLIER. ANY USE OF INFORMATION, PRODUCTS, OR MERCHANDISE OR SERVICES ACCESSED THROUGH THE SERVICE IS AT YOUR OWN RISK AND NOT GUARANTEED TO BE ACCURATE BY Genius Food Purchasing.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY EQUITABLE RIGHTS OR LEGAL REMEDIES YOU HAVE OR MAY HAVE AGAINST Genius Food Purchasing WITH RESPECT TO ANY MERCHANDISE, SERVICE, OR FOOD PRODUCT OBTAINED THROUGH THE Genius Food Purchasing SERVICE INCLUDING BUT NOT LIMITED TO THE FAILURE OF A SUPPLIER TO DELIVER MERCHANDISE OR FOOD PRODUCTS OF THE DESCRIPTION, QUANTITY, OR QUALITY AS SET FORTH IN A PURCHASE ORDER OR ANY AGREEMENT VERBAL OR WRITTEN.
ANY THIRD-PARTY SERVICES, CONTENT, OR SOFTWARE THAT ARE MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SERVICE, SHALL BE GOVERNED BY THE SEPARATE TERMS OF SERVICE AND CONDITIONS OF THE THIRD-PARTY SUPPLIER.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Genius Food Purchasing AND ITS PARTNERS AND AFFILIATES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO INFORMATION WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM Genius Food Purchasing OR AN EMPLOYEE OR REPRESENTATIVE OF Genius Food Purchasing WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED HEREIN. Genius Food Purchasing DOES NOT GUARANTEE OR WARRANT THAT THE SERVICE OR THIRD-PARTY SITES WILL BE FREE OF ERRORS OR INTERRUPTIONS. Genius Food Purchasing MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY, STABILITY RELIABILITY, TIMELINESS, OR ACCURACY OF THE SERVICES, INFORMATION OR SOFTWARE. ALL SUCH SOFTWARE, INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, GUARANTEE, OR CONDITION.
There are no implied rights or licenses granted by these Terms of Service.
Trademarks, trade names, service marks, and logos, whether registered or unregistered, are the sole property of Genius Food Purchasing. You may not reproduce, or use any such trademarks, trade names, service marks, and logos without permission from Genius Food Purchasing.
None of the content accessed or provided by Genius Food Purchasing may be used for the creation of a similar software or derivative work without the express written permission of Genius Food Purchasing. None of the content accessed through the Service can be publicly displayed, distributed, or communicated. The content provided by the Genius Food Purchasing Service may be subject to the copywrite, patent, or intellectual property rights of Genius Food Purchasing.
Third Party Services and Sites
Genius Food Purchasing may use Third Party Sites or Services. You agree that Genius Food Purchasing with not be liable or responsible for any damage or loss incurred by your use of a Third Party Service or Site and your use of such Service or Site will be governed by the unique Terms and Conditions of such Service or Site.
You agree to indemnify, defend, and hold harmless Genius Food Purchasing and its subsidiaries, parent company, affiliates, shareholders, partners, licensees or any related entities, and their officers, employees, agents, directors, representatives, contractors, and assigns, from any and all injuries, liabilities, costs, fees, damages, and expenses (including, but not limited to, attorneys' fees and court costs) arising from or related to:
At your expense Genius Food Purchasing reserves the right to assume exclusive defense and control of a matter you are required to defend if Genius Food Purchasing concludes in its reasonable discretion that you are not adequately defending its interests. You agree not to settle any matter in which you are required to indemnify Genius Food Purchasing or make an admission of judgment without the written permission of Genius Food Purchasing.
Limitation of Liability
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE OF APPLICABLE LAW HOWEVER, YOU AGREE THAT BECAUSE SUCH LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND Genius Food Purchasing AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND Genius Food Purchasing, Genius Food Purchasing'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW. YOU AGREE AND UNDERSTAND THAT IT WOULD NOT BE ECONOMICALLY FEASIBLE FOR Genius Food Purchasing TO OFFER THE SERVICE TO YOU WITHOUT THESE LIMITATIONS IN PLACE.
Protection of your data
Genius Food Purchasing will only use your Account information and access to any third-party vendor sites that you provide for the purpose of accessing product and pricing information. Such product and pricing information that you provide access to will be kept confidential and only be used in conjunction with the Service and your Account.
Genius Food Purchasing promises not to disclose your confidential information to third parties, except what is required to providing our Services. Confidential information includes any information provided by you which is not publicly known. Confidential information does not include information that:
Term and termination
These Terms of Service effectively commence on the date of your registration or first use of the Service and continue in full force throughout your use of the Service or until the Service is terminated in accordance with this Agreement. Your Service may be terminated at the sole discretion of Genius Food Purchasing for any reason and at any time without notice if you violate these Terms of Service as determined by Genius Food Purchasing. If Genius Food Purchasing terminates you Service for reason other than breach of this Agreement you will have the right to a refund for the unused portion of your subscription. You are free to terminate your use of the Service at any time without notice or reason.
Procedures and Notice for Making Copyright Claims or other Intellectual Property Infringement
Genius Food Purchasing intends to remove information that infringes upon any third party by being made available through the Genius Food Purchasing Service in accordance with 17 U.S. Code § 512 Online Copyright Infringement Liability Limitation Act (OCILLA). You agree and understand that Genius Food Purchasing reserves the right to terminate your Service in its sole discretion if it received notice of copyright or intellectual property infringement. It is the policy of Genius Food Purchasing to always terminate use of the Service when three notices of copyright or intellectual property infringement occur even if the first and second notice were adequately corrected by removal of copyrighted information.
Procedure for Reporting Claimed Infringement
If you believe content that is made available on or through the Service infringes on your intellectual property rights, please send "Notification of Claimed Infringement" with the following information:
Notices of claimed intellectual property or copyright infringement should be sent via certified mail to:
2420 Muldoon Rd.
Anchorage, AK 99504
By email: email@example.com
Before submitting a Counter Notification, you should consult an attorney or reference 17 U.S. Code § 512 to verify your obligations to provide a counter notification.
If you receive a notification from Genius Food Purchasing that information made available by you on or through the Service is subject to a claimed intellectual or copyright infringement, you may provide Genius Food Purchasing with a "Counter Notification." Counter Notification must be provided in writing and include the following:
Online Copyright Infringement Liability Limitation Act 17 U.S. Code § 512(f) provides states that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a Service provider, who is injured by such misrepresentation, as the result of the Service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Genius Food Purchasing will seek damages from any party that submits a false claim of copyright or intellectual property infringement.
Your Prohibited Activities
You understand that the following activities are prohibited, and you agree not to engage in any of the activities listed below while using the Service.
You will not:
The Service is operated and controlled by Genius Food Purchasing through its office in the state of Alaska. Genius Food Purchasing makes no claim that content on its website or available by the Service is available or allowable for use in other locations. If you choose to use the Service from other locations, including from outside the United States of America, you are responsible for compliance with local laws, to the extent local laws are applicable. Access to the Service is strictly prohibited from jurisdictions where the information, contents or Service is illegal.
No Class Actions
You understand and agree that you and Genius Food Purchasing may only bring claims against the other in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding.
This Agreement is to be governed by and construed in accordance with the laws of the State of Alaska and any suit brought hereon shall be brought in the state or federal courts sitting in Anchorage, Alaska. The parties hereby waive any claim or defense that such forum is not convenient or proper. Each party hereby agrees that any such court shall have in personam jurisdiction over it. You irrevocably waive any and all rights you may have to a trial by jury in any judicial proceeding involving any claim relating to this Terms of Service Agreement. Additionally, you waive personal Service of process and consent that Service of process may be made by certified or registered mail, return receipt requested, at the address provided during your account registration.
You agree and acknowledge that, in the event of a breach of these Terms by Genius Food Purchasing or any third party, the harm or damage, if any, sustained by you will not entitle you to seek injunctive or other equitable relief against Genius Food Purchasing, and your only remedy shall be for monetary damages, subject to the limitations of liability which are set forth in these Terms of Service.
If any provision of this Agreement is illegal, the invalidity of such provision will not affect any of the remaining provisions, and this Agreement will be construed as if the illegal provision is not contained in the Agreement. This Agreement will be deemed modified to the extent necessary to render enforceable the remaining provisions hereunder, and to comply with the Rules.
No Waiver of Rights
No failure or delay on the part of any party in exercising any right under this Agreement will operate as a waiver of that right, nor will any single or partial exercise of any right preclude any further exercise of that right.
This is the entire agreement between you and Genius Food Purchasing relating to the Service and Terms of Service and this agreement supersedes all previous agreements, understandings, representations, and communications, either written or oral. These Terms of Service will not be modified unless in writing, and signed by both parties, or by a change to these Terms of Service made by Genius Food Purchasing as authorized in these Terms of Service.
Successors and Assigns
This Agreement will inure to the benefit of and will be binding upon the parties and their respective permitted successors and assigns. This Agreement will not be deemed to be for the benefit of any third party.
The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision. The language used will be deemed to be the language chosen by the parties to express their mutual intent and no rule of strict construction will be applied against any party.
Neither party will be liable to the other for any failure or delay in its performance of this Agreement in accordance with its terms if such failure or delay arises out of causes beyond the control and without the fault or negligence of such party.
If any court holds that a party has breached this Agreement, then the non-defaulting party will be entitled to recover expenses incurred in enforcing the provisions of this Agreement, including reasonable attorneys' fees and costs.
You and Genius Food Purchasing agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Service, excluding a claim for indemnification, must commence within one year after the cause of action ensues. Otherwise, such cause of action is permanently barred.
You agree that no agency relationship, partnership, joint venture, or employment exists between you and Genius Food Purchasing as a result of these Terms of Service or use of the Service.
The following paragraphs are intended by their nature to survive the termination of these Terms of Service, including but not limited to: Security of Service, Your Prohibited Activities, Disclaimers, Third Party Services and Sites, Intellectual Property, Indemnity, Limitation of Liability.