Terms of Use
Terms of Use
Please read these Terms of Use carefully before purchasing or using any FoodDataUSA data product or service. These terms govern your access to and use of our website and data offerings.
These Terms of Use ("Terms") constitute a legally binding agreement between you and FoodDataUSA. Our data products are provided for B2B use only. By purchasing or using our services, you confirm that you are acting on behalf of a business entity and agree to comply with all applicable laws.
1. Acceptance of Terms
Agreement to Terms
By accessing or using the FoodDataUSA website, purchasing any data product, or engaging our services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or services.
Eligibility
Our services are intended for business use only. By using FoodDataUSA, you represent that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of your organization, and will use our data solely for lawful business purposes.
2. Data License & Permitted Use
License Grant
Upon purchase, FoodDataUSA grants you a non-exclusive, non-transferable, limited license to use the purchased dataset for your internal business purposes. This license does not transfer ownership of the data to you.
Permitted Uses
You may use our data for sales prospecting, marketing campaigns, market research, business intelligence, CRM enrichment, and other legitimate B2B commercial activities consistent with applicable law.
Prohibited Uses
You may not resell, sublicense, redistribute, or share our datasets with third parties. You may not use the data to build a competing data product, scrape or aggregate it into another database for resale, or use it in any manner that violates applicable federal, state, or local laws including the CAN-SPAM Act, TCPA, or any applicable privacy regulations.
3. Data Accuracy & Disclaimer
Best-Effort Accuracy
FoodDataUSA strives to provide accurate, current, and complete data. Our datasets are compiled from public records, business registrations, and licensed third-party sources, and are refreshed on a regular basis. However, we cannot guarantee that all records are 100% accurate, complete, or current at the time of delivery.
No Warranty
Our data products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume full responsibility for verifying data accuracy before use.
Delivery
Datasets are delivered in the format specified at the time of purchase (CSV, Excel, or other agreed format). Delivery timelines are estimates and may vary based on order complexity and volume.
4. Payment & Refunds
Payment Terms
All purchases are due in full at the time of order unless otherwise agreed in writing. We accept major credit cards and ACH bank transfers. Prices are listed in US dollars and are subject to change without notice.
Refund Policy
Due to the digital nature of our data products, all sales are generally final once a dataset has been delivered. If you believe there is a material defect in the data delivered — such as a significant portion of records being inaccurate or the wrong dataset being delivered — please contact us within 7 days of delivery and we will work to resolve the issue, which may include a replacement dataset or credit toward a future purchase.
Disputes
Any billing disputes must be raised in writing within 30 days of the invoice date. We will make reasonable efforts to resolve disputes promptly and in good faith.
5. Prohibited Conduct
Unlawful Use
You agree not to use FoodDataUSA or its data products for any unlawful purpose, including but not limited to harassment, fraud, identity theft, or any activity that violates federal, state, or local law.
System Integrity
You may not attempt to gain unauthorized access to our systems, interfere with the operation of our website, introduce malicious code, or engage in any activity that could damage, disable, or impair our infrastructure.
Misrepresentation
You may not misrepresent your identity, affiliation, or intended use of our data when placing an order or communicating with our team.
6. Intellectual Property
Ownership
All content on the FoodDataUSA website — including text, graphics, logos, page layouts, and software — is the property of FoodDataUSA or its licensors and is protected by applicable intellectual property laws.
Data Compilation Rights
The selection, arrangement, and compilation of data in our products constitutes original works of authorship. While individual business records may be publicly available, our curated datasets represent significant proprietary investment and are protected accordingly.
7. Limitation of Liability
Liability Cap
To the maximum extent permitted by law, FoodDataUSA's total liability to you for any claim arising from or related to these Terms or our services shall not exceed the amount you paid for the specific data product giving rise to the claim in the 90 days preceding the claim.
Exclusion of Consequential Damages
In no event shall FoodDataUSA be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, or loss of business opportunity — even if we have been advised of the possibility of such damages.
8. Indemnification
Your Obligation
You agree to indemnify, defend, and hold harmless FoodDataUSA and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of our data, violation of these Terms, or infringement of any third-party rights.
9. Governing Law & Disputes
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising from these Terms or your use of our services shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in New Jersey under the rules of the American Arbitration Association.
10. Changes to These Terms
Right to Modify
FoodDataUSA reserves the right to update or modify these Terms of Use at any time. Changes will be posted on this page with a revised "Last Updated" date. Your continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.
11. Contact Us
If you have questions about these Terms of Use or need clarification on any provision, please reach out to us directly.