THE FATHER’S TABLE, L.L.C.

WEBSITE TERMS AND CONDITIONS OF USE

This Agreement is between you, the user of this site, and The Father’s Table, L.L.C. (the “Company”), the company that operates this site, www.thefatherstable.com (the “Site”). This Agreement defines the terms and conditions of use of the Site by you and of the use by the Company of any information provided by you. Please review these terms and conditions. By proceeding past this page or by utilizing the Site, you agree to adhere to the following terms and conditions.

1. Definitions. For purposes of this Agreement, the following terms shall have the stated meanings:

A. “The Father’s Table” or the “Company” means The Father’s Table, L.L.C., 2100 Country Club Road, Sanford, Florida 32771.

B. “You” or “User” means the individual or legal entity that is utilizing the Site.

C. “Broker” means an individual or entity that acts as a broker of the Company’s goods or services. Brokers are offered the opportunity to access the “Broker’s Log-In” portion of the Site for information available only to Brokers, such as ordering information, marketing materials and product information of the Company.

D. “User Information” means all information, including text, graphics, messages, data, images, sound, or e-mail addresses, provided by a User that is published or reproduced on this Site, or privately transmitted by use of the Site, and includes any feedback or comments regarding the Company or its goods or services.

2. Eligibility. This Site is freely accessible; however, the Company will offer access to the Broker’s Log-In only to Brokers, who must be individuals or legal entities that are capable of entering into legally binding agreements. If you are a minor (i.e., under the age of 18), or otherwise incapable of entering into a binding agreement, you are not authorized to enter the Broker’s Log-In. The Company may suspend or terminate your eligibility if it determines, in its good faith judgment, that you have engaged in fraudulent or improper activity in connection with this Site. To be eligible to use this Site, you must comply with all applicable laws, statutes, ordinances and regulations. You may not use this Site to:

A. Publish or transmit any User Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

B. Falsely identify yourself as any other person or entity to the Company or another User; falsely state or otherwise misrepresent your affiliation with a person or entity; or impersonate another User;

C. Disguise the source or origin of any User Information;

D. Publish or transmit any User Information that you do not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, or information subject to a confidentiality agreement);

E. Publish or transmit any User Information that infringes any patent, trademark, trade secret, copyright or other intellectual property of a third party;

F. Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation;

G. Publish or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

H. Interfere with another User’s ability to use this Site or harass another User;

I. Interfere with or otherwise disrupt the software or hardware providing or hosting this Site; or

J. Collect or store personal data about other Users.

3. Fees. The Company does not charge any fees for utilization of the Site, including the Broker’s Log-In.

4. Copyright. Copyright in the pages, in the screens displaying the pages, and in the information, materials and other content contained on this Site (other than postings of Users and other User Information made available on this Site) is owned by the Company unless otherwise indicated and is protected by the U.S. and international copyright laws and treaties. The information, materials and other content contained on this Site (other than postings of Users and other User Information made available on this Site) may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for commercial purposes.

5. User Name, Password and Security. To access the Broker’s Log-In, you must register with the Company. At a minimum, you will need to provide the Company with an e-mail address and certain identifying information. The Company will provide you with a User Name. Your User Name cannot be changed by you. You will choose your own password. You are responsible for maintaining the confidentiality of your password. You should not disclose your password to any third parties. You are fully responsible for all activities that take place with your User Name and password. If your password has been compromised for any reason, you should immediately change your password. If you want to change your password, or if you forget your password, contact the Company so that the program may be reset and you may re-enter a password. You must notify the Company of any unauthorized use of your password or User Name or any other breach of security.

6. Disclaimers.

A. Release. If, as a result of your use of this Site, you have a dispute with one or more other Users, you release the Company, its affiliates, officers, directors, agents, and employees from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

B. No Warranty. THIS SITE AND THE INFORMATION PROVIDED BY THE COMPANY ON THIS SITE IS PROVIDED"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

C. Liability Limitation. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. Some states do not allow this limitation of liability, so the foregoing limitation may not apply to you.

D. Indemnity. You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

E. Modifications. The Company may at any time and from time to time modify or discontinue, temporarily or permanently, the information available on this Site, including the Broker’s Log-In, with or without notice. The Company is not liable to you or to any third party for any modification, suspension or discontinuance of any portion of this Site.

F. Dealings with Third Parties. Through your use of this Site, you may be exposed to promotions or advertisements. Any business or other transactions between you and the promoters or advertisers, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations, are solely between you and the advertiser or promoter. The Company is not liable for any claims arising out of your business or other dealings with any such advertiser or promoter.

G. Hyperlinks. Through your use of this site, you may be provided with hyperlinks to other Internet sites or resources. The Company has no control over those sites and resources. You acknowledge that the Company is not responsible for the availability of those hyperlinked sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from those sites or resources. You further acknowledge that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.

7. License. User grants to the Company a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Information you provide to the Company on this site (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. The Company will use User Information only in accordance with the Privacy Policy set forth below.

8. Term and Termination. This Agreement shall remain in effect until terminated by one of the parties, with or without cause, and with or without notice. The Company shall not be liable to User or to any third parties for any damages arising out of the Company’s termination of this Agreement. Without limiting other remedies, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your eligibility and/or refuse to provide access to you to view the Site and/or to enter the Broker’s Log-In: (a) if you breach this Agreement; (b) if the Company is unable to verify or authenticate any information you provide; or (c) if the Company believes that your actions may cause legal liability for you or other Users.

9. Privacy Policy.

The Company collects information about Users. Some of the information the Company collects can be used to personally identify Users (“Personal Information”). By accepting the terms of this Agreement, you expressly consent to the Company’s use and disclosure of Personal Information as outlined below.

A. Ways in which Personal Information is Collected.

i. If you are a Broker, as part of your registration you will be required to provide the Company with certain identifying information and an e-mail address. The Company will also have on file additional information regarding each Broker that it obtains independent of its administration of the Site.

ii. The Company’s Site uses cookies. The Site will not operate properly without the use of cookies. A cookie is data that the Company sends to your web browser and that is stored on your hard drive. The Company uses cookies to collect and track data about Users.

iii. The Company may collect information about you, in a file specific to you, from any communications, such as phone calls, letters or e-mails that the Company receives, whether from you or others, relating to your activities or postings in connection with your use of the Site. Once posted, you cannot change or remove any public postings made on the Site. The Company has the right to post any feedback, questions and recipe ideas received by the Company from you for the benefit and use of other Users on the Site.

iv. If you are a Broker, following registration, you can review and change the information you submitted during registration. You must promptly update your information if it changes. Under some circumstances, such as to resolve disputes, troubleshoot problems and enforce this Agreement, the Company will retain in its files information you may have requested to be removed. Further, such prior information is never completely removed from the Company’s databases due to technical constraints and the fact that the Company backs up its systems. Therefore, you should not expect that all personally identifiable information will be completely removed from the Company’s databases in response to any requests.

v. Children are not eligible to access the Broker’s Log-In and the Company requests that minors (individuals under the age of 18) do not submit any Personal Information to the Company.

B. Ways in which Personal Information is Used by the Company.

i. The Company does not sell or rent any Personal Information to third parties. The Company may use Personal Information for its own marketing and promotional efforts, to statistically analyze site usage, to improve site content and product offerings and to customize site content and layout. The Company does not disclose to advertisers any information that could be used to personally identify a User. The Company does not disclose information such as passwords or other individual information to third parties.

ii. The Company may use Personal Information to deliver information to Users that is targeted to a User’s interests. You can remove yourself from receiving some of this information by changing the appropriate option during registration or on your browser. The Company may use Personal Information to contact you regarding administrative notices, new product offerings, and communications relevant to your relationship with the Company and/or brokerage of its products.

iii. The Company may use Personal Information and other information collected about a User or multiple Users to resolve disputes, troubleshoot problems and enforce this Agreement. The Company may evaluate a User’s information to look for Users using multiple User Names or aliases.

iv. The Company will cooperate with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. Therefore, local, state, federal and international law enforcement can request and may receive Personal Information. The Company also retains the right to disclose any information about you or other Users to law enforcement or other governmental officials as the Company, in its sole discretion, believes necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose the Company to legal liability.

C. Use of Personal Information by Third Parties.

Access to the Broker’s Log-In requires a User Name. If you select your e-mail address as your User Name and you provide information in the form of a posting for use by other Users, you will thereby disclose your e-mail address to other Users. Consequently, other Users might send unsolicited e-mail.

D. License to Use Personal Information.

i. To the extent you obtain any Personal Information about other Users from your use of the Site, the Company hereby grants to you a license to use that Personal Information only for: (a) communications relating to your activities on the Site that are not unsolicited commercial messages, and (b) any other purpose that such User expressly opts into after adequate disclosure of the purpose(s). In all cases, you must give the other Users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose Personal Information about a User to any third party without the consent of both the Company and the User after adequate disclosure. Law enforcement personnel are given different rights with respect to information they access.

ii. The Company does not tolerate spam. You are not licensed to add a User to your mail list (e-mail or physical mail) without that User’s express consent after adequate disclosure.

E. Privacy Policy Disclaimer.

The Company cannot ensure that all Personal Information, private communications or other sensitive User Information will never be disclosed in ways not otherwise described in this Agreement. For example, the Company may be required to disclose information in response to a subpoena or some other form of legal process, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although the Company uses industry standard practices to protect privacy, it does not promise, and you should not expect, that Personal Information or private communications will remain private. "Perfect security" does not exist on the Internet.

10. No Agency. User and the Company are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

11. Notices. Except as explicitly stated otherwise, any notices shall be given to the Company by mail at 2100 Country Club Road, Sanford, Florida 32771, or by e-mail at cs@thefatherstable.com. Notices shall be given to User at the e-mail address you provide to the Company during the registration process or in any correspondence sent by you to the Company. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid, or 3 days after the date of mailing.

12. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orlando, Florida, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida necessary to protect the rights or property of that party pending the completion of arbitration. All parties consent to venue and jurisdiction in the state and federal courts located in or near Orlando, Florida for purposes of such action. Any arbitration award shall be private, and shall not have preclusive effect in any proceeding involving other parties.

13. Additional Terms.

A. Disruptions in Service. The Company does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of the Company’s control. The Company shall not be liable for any disruptions in service, including the inability to place or receive bids due to network traffic or server downtime.

B. Applicable Law. This Agreement shall be governed in all respects by the laws of the State of Florida as if this Agreement were entered into and to be performed entirely within Florida between Florida residents.

C. Amendments. User may not amend this Agreement except by obtaining consent to the Amendment in a document signed by an authorized representative of the Company. The Company may amend the terms of this Agreement by posting a revised Agreement on the Site. The terms of the revised Agreement shall be effective 14 days after posting.

D. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, it shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the section. The Company’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof.

E. Parental control protections. Parental control services, such as computer hardware, software, or filtering services, are commercially available and may assist you in limiting access to material that is harmful to minors. To learn more about these protections, information is available at www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections.
 
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