FoodBEAMS Public Beta
TERMS AND CONDITIONS OF USE

1. Your Acceptance of Terms

Welcome to FoodBEAMS Public Beta

The following Terms and Conditions of Use (“T&C”) are between you and Samuels & Associates, Inc. (S&A) and constitute a legal agreement that governs your use of this website (http://www.foodbeams.com) (the “Website”). You must agree to these T&C before you can use the Website. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website.

Legal Authority

To use and/or register for the Website you must be: (a) of legal age to form a binding contract with S&A, and (b) cannot be a person barred from receiving the Website under the laws of the United States or other applicable jurisdiction. By accepting these T&C you represent that you understand and agree to the foregoing.

Changes to this Agreement

S&A may update or change these T&C from time to time and recommends that you review the T&C on a regular basis. You understand and agree that your continued use of the Website after the T&C has changed constitutes your acceptance of the T&C as revised.

2. Description of the Website

Public Beta

FoodBEAMS® is a web-based tool, to help schools, parents, and students monitor and report on adherence to nutrition standards for competitive foods (foods sold outside of the meal program) developed by S&A with funding from the National Institutes of Health, SBIR program. Food BEAMS gives you the opportunity to analyze all the competitive foods and beverages in your school, link to a nutrient database, and report on how well your school is adhering to the California School Nutrition standards. Our studies have shown that schools that have implemented competitive food standards have improved the healthfulness of foods available in schools and students are making healthier choices throughout the school day.

FoodBEAMS® can be customized to include additional nutrition policies, data analysis features, and expansion of the food and beverage database. S&A is also available to provide training on using FoodBEAMS®, consultation on study designs, food and beverage nutrient research, and technical assistance on data entry and analysis. Please contact use for more information and pricing for customization.

You understand and acknowledge that the Website is being provided as a “public beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing S&A with feedback on the quality and usability of the Website. The Website may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. S&A strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Website. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, S&A is not obligated to provide any maintenance, technical or other support for the Website.

Changing the Website

S&A reserves the right to modify, suspend or stop the Website (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, S&A may provide notice of any such changes to the Website by posting them on its websites and/or via the Website. You agree that S&A shall not be liable to you or any third party for any modification or cessation of the Website. You acknowledge that S&A has no express or implied obligation to provide, or continue to provide, the Website, or any part thereof, now or in the future; and in addition, S&A may at any time, upon prior notice as required by applicable law, institute charges or fees for the Website.

Feedback

As part of using the Website, S&A will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Website. You agree that in the absence of a separate written agreement to the contrary, S&A will be free to use any feedback you provide for any purpose.

3. S&A Privacy Policy

You understand that by using the Website, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with S&A’s Privacy Policy set forth herein. Information collected when you use the Website may include technical or diagnostic information related to your use that may be used by S&A to maintain, improve and enhance the Website. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by S&A and/or its affiliates.

Information we collect and how we use it

We may collect the following types of information:

Information you provide – When you sign up for an account on the Website, we ask you for personal information. We may combine the information you submit under your account with information from third parties in order to provide you with a better experience and to improve the quality of our services.

Cookies – When you visit the Website, we send one or more cookies to your computer or other device. We use cookies to improve the quality of our service.

Log information – When you access the Website via a browser or otherwise, our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.

In addition to the above, we may use the information we collect to:

Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and

Protect the rights or property of S&A or our users.

If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

S&A processes personal information on our servers in the United States of America. In some cases, we process personal information outside your own country.

Information sharing

S&A does not share your personal information with other companies or individuals except in the following limited circumstances:

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable T&C, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of S&A, its users or the public as required or permitted by law.

If S&A becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Information security

S&A takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to S&A employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Enforcement

S&A adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce’s Safe Harbor Program.

4. Content and Your Conduct

Content

“Content” means any information that may be generated or encountered through use of the Website, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Website is the sole responsibility of the person from whom such Content originated. This means that you, and not S&A, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Website. You understand that by using the Website you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. S&A does not control the Content posted via the Website, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Website and any Content is solely at your own risk.

Your Conduct

You agree that you will NOT use the Website to:

  1. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  2. stalk, harass, threaten or harm another;
  3. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another subscriber, an S&A employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (S&A reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
  4. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  5. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  6. forge any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Website (“spoofing”);
  7. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Website (or any part thereof), or any other computer software or hardware;
  8. interfere with or disrupt the Website (including accessing the Website through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website, or any policies, requirements or regulations of networks connected to the Website (including any unauthorized access to, use or monitoring of data or traffic thereon);
  9. plan or engage in any illegal activity; and/or
  10. gather and store personal information on any other users of the Website to be used in connection with any of the foregoing prohibited activities.

Removal of Content

You acknowledge that S&A is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, S&A reserves the right at all times to determine whether Content is appropriate and in compliance with these T&C, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these T&C or is otherwise objectionable.

Backup Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Website. S&A does not guarantee or warrant that any Content you may store or access through the Website will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that S&A may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these T&C, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of S&A, its users or the public as required or permitted by law.

5. Content Submitted or Made Available by You on the Website

License from You

Except for material we may license to you, S&A does not claim ownership of the materials and/or Content you submit or make available on the Website. However, by submitting or posting such Content on areas of the Website that are accessible by the public, you grant S&A a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Website solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or S&A remove such Content from the public area. By posting or submitting Content to these pages you represent that you have all necessary rights in and to such Content; that such Content will not infringe on any personal or proprietary rights of any third parties; that such Content will not contain defamatory, indecent, or otherwise unlawful content; and that such material will not contain any viruses or other destructive features.

Changes to Content

You understand that in order to provide the Website and make your Content available thereon, S&A may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits S&A to take any such actions and authorize S&A to use and/or authorize others to use such Content in any manner or medium.

6. Trademark Information

All trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of S&A or its licensors and you may not copy or use them in any manner. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website.

7. Software

S&A’s Proprietary Rights

You acknowledge and agree that S&A and/or its licensors own all legal right, title and interest in and to the Website, and any software (including any Content provided therein) provided by S&A to you as a part of and/or in connection with the Website (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Website (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

S&A does not transfer either the title or the intellectual property rights to the Software and S&A retains full and complete title to the Software as well as all intellectual property rights therein.

License From S&A

S&A grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by S&A as a part of the Website and in accordance with these T&C; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software. The Contents posted on this Website by S&A may be retrieved solely for your own personal, noncommercial use and for other purposes as permitted by these T&C and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. S&A reserves the right to modify or impose any limitations on the use of the Website at any time, with or without notice to you.

Export Control

Use of the Website and Software, including transferring, posting, or uploading data, software or other Content via the Website, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this T&C.

Software Updates

As part of the Website, you may from time to time receive updates to the Software from S&A which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that S&A may automatically deliver such updates to you as part of the Website and you shall receive and install them as required.

Copyright and Digital Imagery

The Website and Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any Content displayed by or accessed through the Software or Service belongs to the respective Content owner. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to additional terms of use of S&A, its licensors or the third party providing such Content. For example, any stock photographs, images, graphics, clipart, artwork or similar assets (“Digital Imagery”) that are provided by S&A and/or its licensors as part of the Software or Service (including but not limited to any Digital Imagery contained within templates, themes or user guides and tutorials) may not be extracted and distributed, commercially or otherwise, on a standalone basis outside of the Software or Service.

8. Termination

Termination by You

You may terminate your account and/or stop using the Website at any time.

Termination by S&A

S&A may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Website. Cause for such termination shall include, but not be limited to: (a) violations of the T&C or any other policies or guidelines that are referenced herein and/or posted on the Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Website or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Website to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activitiesAny such termination or suspension shall be made by S&A in its sole discretion, and S&A will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Website.

Effects of Termination

Upon termination of your account you lose all access to the Website and any portions thereof, including, but not limited to, your account and any documents published thereunder.

9. Links and Third Party Materials

Certain Content, components or features of the Website may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because S&A may have no control over such third party sites and/or materials, you acknowledge and agree that S&A is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that S&A shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

10. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. S&A AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, S&A AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE WEBSITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S&A OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.

11. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT S&A AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF S&A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE; (II) ANY CHANGES MADE TO THE WEBSITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE WEBSITE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (VI) ANY OTHER MATTER RELATING TO THE WEBSITE.

12. Indemnity

You agree to defend, indemnify and hold S&A, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Website; (b) your use of the Website; (c) any violation by you of these T&C; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these T&C and/or your use of the Website.

13. Notices

S&A may provide you with notices regarding the Website, including changes to these T&C, by email, regular mail, or by postings on its website and/or the Website.

14. Governing Law

Any litigation or other dispute resolution between you and S&A arising out of or relating to these T&C or your use of the Website will take place in the Northern District of California, and you and S&A hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15. General

These T&C constitute the entire agreement between you and S&A and govern your use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these T&C is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of S&A to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these T&C, there shall be no third-party beneficiaries to this agreement. Any translation of these T&C is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these T&C shall govern. You agree that any claim or cause of action arising out of or related to these T&C or the use of the Website must be filed within one (1) year after the cause of action arose or be forever barred.