Last Updated: February 3, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and MOTIF FOODWORKS, INC., a Delaware corporation (the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.motif-wp.mocla.us and/or www.motiffoodworks.com (the “Website”), including any content offered on or through the Website. 

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use and the Company’s Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

Changes to the Terms of Use

The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when the Company posts them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

The Company reserves the right to withdraw or amend this Website and any material the Company provides on the Website, in the Company’s sole discretion without notice. The Company will not be liable if all or any part of the Website is unavailable at any time or for any period. On one or more occasions, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for (1) making all arrangements necessary for you to have access to the Website, and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You agree that all information you provide through the use of any interactive features on the Website is governed by the Privacy Policy and you consent to all actions the Company takes with respect to your information consistent with the Privacy Policy.

Intellectual Property Rights

The Website and its contents, features, and functionality (including all information, software, text, displays, images, video, and audio) are owned by the Company, its licensors, or other providers of those materials and are protected by copyright, trademark, patent, trade secret, and other intellectual property rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable law or regulation (including any laws regarding the export of data or software to and from the US or other countries). 
• To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and may include statements or references to ingredients or products under development and/or that have not been approved for human consumption. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

The Company may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update any such material. 

Information About You and Your Visits to the Website

All information the Company collects on this Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy. 

Linking to the Website

You may link to the Company’s homepage, on condition that you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without the Company’s express written consent. You agree to cooperate with the Company in causing any unauthorized linking immediately to stop. The Company reserves the right to withdraw linking permission without notice. The Company may disable all or any links at any time without notice in the Company’s discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is incorporated in the state of Delaware in the United States. The Company provides this Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or on any website linked to it.

Your use of the Website and its content is at your own risk. To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Company’s site or the server that makes it available are free of viruses or other harmful components, or that the Website or its content will otherwise meet your needs or expectations. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, the Company and its subsidiaries and affiliates, and their licensors, distributors, customers, service providers, employees, agents, officers, and directors, will collectively not be liable to any party (regardless of the form of action, whether in contract, tort, or otherwise) in excess of $500. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and defend the Company, its affiliates, licensors, distributors, customers, and service providers, and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including any use of the Website’s content other than as expressly authorized in these Terms of Use or your use of or reliance on any information obtained from the Website.

Governing Law and Jurisdiction

All matters and disputes arising out of these Terms of Use or the Website, will be governed by the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of these Terms of Use or the Website shall be instituted exclusively in the courts located in the State of Delaware, although the Company may bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. 

Arbitration

At Company’s sole discretion and if permitted by applicable law, it may require you to submit any disputes arising out of these Terms of Use or the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these
Terms of Use or the Website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Company under these Terms of Use will be effective unless it is in writing and signed by the Company. A waiver granted on one occasion will not operate as a waiver on other occasions

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.