Food Alert Database


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Warranty Disclaimer

IEH Food Alert Database

1. THE FOOD ALERT DATABASE (THE “DATABASE”) IS PROVIDED SOLELY AS A CONVENIENCE SERVICE TO LICENSEE. LICENSEE MUST INDEPENDENTLY VERIFY ANY AND ALL INFORMATION OR DATA PROVIDED IN THE DATABASE. LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT IEH CANNOT AND DOES NOT WARRANT THAT THE DATABASE OR THE DATA CONTAINED THEREIN OR ACCESSIBLE THEREIN IS ACCURATE AND FREE OF OMISSIONS OR ERRORS.

2. IEH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ERRORS OR OMISSIONS IN THE DATABASE OR FROM LICENSEE'S USE OF THE DATABASE. LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION IN THE DATABASE MAY NOT BE COMPLETELY UP‐TO‐DATE OR ERROR FREE; HOWEVER, IF IEH BECOMES AWARE OF ANY ERRORS OR OMISSIONS IN THE DATABASE, IEH WILL UNDERTAKE TO CORRECT THE ERRORS OR OMISSIONS AS SOON AS COMMERCIALLY PRACTICABLE.

3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IEH DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DATABASE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY OR AVAILABILITY, ACCURACY, COMPLETENESS, LACK OF NEGLIGENCE, NON‐INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE DATABASE AND ANY AND ALL RELATED SERVICES ARE PROVIDED, AND LICENSED, TO LICENSEE ON AN AS IS BASIS.

4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IEH WILL NOT BE LIABLE TO LICENSEE, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, AND/OR CONTRACTORS FOR ANY LOSS, COSTS, PENALTIES, FINES, DAMAGES, CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE DATABASE, OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COST OF COVER, LOST OPPORTUNITIES, LOST SAVINGS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO LICENSEE'S USE OR INABILITY TO USE THE DATABASE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, WHETHER SOLE OR JOINT), EVEN IF IEH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IEH'S AGGREGATE LIABILITY TO LICENSEE FOR USE OF THE DATABASE EXCEED THE AMOUNT PAID BY LICENSEE TO IEH FOR USE OF THE DATABASE WITHIN THE SIX (6) MONTH PERIOD PRIOR TO THE LAST EVENT GIVING RISE TO LICENSEE'S CLAIM. LICENSEE ACKNOWLEDGES, UNDERSTANDS, AND ACCEPTS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED ABOVE CONSTITUTE LICENSEE'S ONLY REMEDIES FOR CLAIMS ARISING OUT OF IT’S USE OF THE FOOD ALERT DATABASE.