Lotpath, Inc., a California corporation (referred to as "Lotpath", "us" or "we") provides the Lotpath® Quality™ software application as a web-based service for recording and viewing food quality data (the "Service"), located online at https://apps.lotpath.com (the "Site"). We offer the Service subject to all the terms, conditions, and notices contained or referenced herein (the "Terms of Service" or the "Terms"), as well as any other written agreement between us (or your company). BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
These Terms are effective as of March 20, 2014. We reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to review these Terms periodically and to be aware of any modifications. Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
We offer the Service, as more fully described on the Site, and as modified from time to time by us. Fees for the Service are as set forth on the Site or in separate pricing documents, and all fees are subject to change by us. The Service is offered to you on a month-to-month basis, as a web-based software application. The term begins on the date of your initial registration with the Site and your agreement to these Terms and continues month to month until it is terminated.
You agree to pay the fees for the Service as posted on the Site. Prices for the Service may be changed upon 30 days notice from us by posting the new prices on the Site or by providing separate pricing documents to you. For all charges for Service, we will either bill your credit card or invoice you, at our discretion. You agree to provide us with accurate and complete billing information. Your account login may only be used by one person. You may not share one login with other people (even within your organization). If you upgrade or downgrade your account, you will be billed the new amount for the period in which the upgrade or downgrade takes effect and we may delete some of your account's content upon such downgrade, as we deem appropriate.
The Service itself is intellectual property owned by Lotpath, including but not limited to copyrights and trade secrets. The Service is being licensed, not sold, assigned or transferred, to you by Lotpath for your limited use in compliance with these Terms, under a limited license.
The Service itself and the look and feel of the Service and the Site are all copyright © 2011-2017 Lotpath, Inc. All Rights Reserved. You may not reproduce, copy, sell, resell, license, reuse, or otherwise exploit any portion of the Service, whether code or user interface. All of your content must comply with US Copyright law. We do not claim any ownership or rights in the content you upload to your account.
ALL MATERIALS, PRODUCTS AND SERVICES ON THE SITE, INCLUDING THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Service shall be limited to the amount you paid us for the services during the last one (1) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE.
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Service.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. The Service uses Secure Sockets Layer (SSL) 128-bit encryption to protect the security of your account. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining your personal information.
You agree that we may, in our sole discretion, terminate or suspend your account with or without notice and for any reason, including, without limitation, breach of these Terms. Upon termination or suspension, your right to use the service immediately ceases, and you agree that we may immediately deactivate or delete your account and all related information and files in your account. We shall not be liable to you or any third party for any claims or damages arising out of termination or suspension of your account. If you cancel your account, we reserve the right to delete all of your content and data.
The Service is controlled by us from our offices within the State of California, United States of America. You agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to your use of the Service. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Fresno County and the United States District Court for Eastern District of California with respect to such matters.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. You may not use the Service for any illegal activity. These Terms constitute the entire agreement between you and Lotpath and supersede any prior understandings.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site, including the Service, arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.