Terms of Use Agreement

Welcome to foodandhome.com website (the "Website"). Please read this Terms of Use Agreement ("Terms") carefully and completely before accessing the Website.

Effective Date: This Agreement was last updated on April 15, 2010.

This Agreement sets forth the standards of use of the Website and its services ("Online Services). By using the Website you (the "Member") agree to these terms and conditions and the terms of the Privacy Policy found here [Winston, provide a link to the privacy policy here]. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice and you agree to periodically check the Website for new information and terms that govern your use of the Website. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

Description of Service
foodandhome.com is providing you with web directory and referral listings and editorial as well as editorial commentary. You must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.

foodandhome.com Account
A foodandhome.com account ("Account") may be required to access and use some the Online Services. If you have questions about Account registration, please contact us by visiting support.foodandhom.com. To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Online Service for which you are registering. Some Online Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates this Agreement. You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Agreement or is otherwise improper or illegal. You should not reveal your Account password to others. Foodandhome.com will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

Disclaimer of Warranties
This Website is provided by foodandhome.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, foodandhome.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. foodandhome.com shall have no liability for any interruptions in the use of this Website. foodandhome.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability
foodandhome.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FOODANDHOME.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FOODANDHOME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
Member agrees to indemnify and hold foodandhome.com , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Online Service, the violation of this Agreement, or infringement by you, or other user of the Online Service using your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service
foodandhome.com reserves the right to modify or discontinue the Online Service with or without notice to the you. foodandhome.com shall not be liable to you or any third party should foodandhome.com exercise its right to modify or discontinue the Online Service. You acknowledge and accept that foodandhome.com does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties' sites.

Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the third party vendors or collected from publicly available sources. While foodandhome.com makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
foodandhome.com makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any third party vendor shall be at your own risk.

Governing Jurisdiction of the Courts of California
This website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.

Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Online Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information
All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the copyright of foodandhome.com, with all rights reserved, or is the property of foodandhome.com and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of foodandhome.com is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of foodandhome.com.
foodandhome.com ™ are proprietary marks of foodandhome.com. foodandhome.com's trademarks may not be used in connection with any product or service that is not provided by foodandhome.com , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits foodandhome.com.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by third party vendors. In addition, such use of trademarks or links to the web sites of third party vendors is not intended to imply, directly or indirectly, that those third party vendors endorse or have any affiliation with foodandhome.com.

Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, foodandhome.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Foodandhome.com
2672 Bayshore Parkway Ste 920
Mountain View, CA 94043
By Email: legal@foodandhome.com

Botnets
foodandhome.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, foodandhome.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by foodandhome.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.