Terms of Use & Privacy

click to download .pdf

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and L2F Inc. The following terms and conditions,
together with any documents and websites they expressly incorporate by reference collectively, the “Terms of Use”),
govern your access to and use of the www.l2finc.com and www.skyflo.com website(s), including any content,
functionality, and services offered on or through www.l2finc.com or www.skyflo.com (the “Website”), whether as a
guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept
and agree to be bound and abide by these Terms of Use and our 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

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective
immediately when we post them, and apply to all access to and use of the Website thereafter. Any changes to the
dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the
parties have actual notice before the date the change is posted on the Website.

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

We reserve the right to remove or amend this Website, and any service or material we provide on the Website,
in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or
the entire Website, to users, including registered users.

You are solely responsible for taking all steps necessary for you to have access to the Website, and ensuring
that all persons who access the Website through your internet connection are aware of these Terms of Use and
comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that all the information you provide on the
Website is correct, current, and complete. You agree that all information you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our
Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy
Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you must not disclose it to any other person
or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password, or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name or password or any other breach of
security. You also agree to ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer so that others are not able to view
or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided
by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any
provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by
the Company, its affiliates, its licensors, and/or other providers of such material and are protected by United States
and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary 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 our Website, except that (i) your computer may temporarily store copies of such
materials in RAM incidental to your accessing and viewing those material; (ii) you may store files that are
automatically cached by your Web browser for display enhancement purposes; (iii) you may print one copy of a
reasonable number of pages of the Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you
may download a single copy to your computer or mobile device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license agreement for such applications.

You must not (i) modify copies of any materials from this site; (ii) use any illustrations, photographs, video or
audio sequences, or any graphics separately from the accompanying text and other materials; (iii) delete or alter any
copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials
available through the Website, except as is explicitly provided through any tools or interfaces of the Website, and only
in the form provided by the Website.

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 our
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 terms L2F®, Lab2Fab®, SkyFlo®, Feeding Innovation TM , Quick Service Robotics TM ,
QSR TM , CORI TM , Pour Responsibly TM , Middleby TM SCP TM , SPA TM , servR TM , the L2F®, SkyFlo®, and Middleby TM logos,
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 federal, state, local, or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the US or other
countries).
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with
the Content Standards [LINK TO CONTENT STANDARDS] set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk
mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any
other person or entity (including, without limitation, by using email addresses associated with any of the
foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or
which, as determined by us, may harm the Company or users of the Website, or expose them to
liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Website, including their ability to engage in real time activities through
the Website.
• 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.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose
not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the
server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Interactive Services

The Website may contain interactive features (collectively, “Interactive Services”) that allow users to submit or
transmit to the Company or other users or other persons content or materials (collectively, “User Information”) on or
through the Website. All User Information must comply with the Content Standards set out in these Terms of Use.
Any User Information you post to the site will be considered non-confidential and non-proprietary. By providing any
User Information on the Website, you grant us and our affiliates, and our respective licensees, successors, and

assigns the right to use, reproduce, and modify any such material for purposes related to the Company’s business.

You represent and warrant that (i) you own or control all rights in and to the User Information and have the right
to grant the license granted above to us and our affiliates our respective licensees, successors, and assigns; (ii) all of
your User Information does and will comply with these Terms of Use; (iii) you understand and acknowledge that you
are responsible for any User Information you submit or contribute, and you, not the Company, have full responsibility
for such content, including its legality, reliability, accuracy, and appropriateness.

Monitoring and Enforcement; Termination

We have the right to (i) ignore or delete any User Information for any or no reason in our sole discretion; (ii) take
any action with respect to any User Information that we deem necessary or appropriate in our sole discretion,
including if we believe that such User Information violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of
the Website or the public, or could create liability for the Company; (iii) terminate or suspend your access to all or part
of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Content Standards

These content standards apply to any and all User Information and use of Interactive Services. User Information
must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without
limiting the foregoing, User Information must not (i) contain any material that is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) infringe any patent,
trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iii) violate the
legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of
Use and our Privacy Policy; (iv) impersonate any person, or misrepresent your identity or affiliation with any person or
organization.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim 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/or 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. We are 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

We may update the content on this Website from time to time, 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 we are under no obligation to
update such material.

Information About You and Your Visits to the Website

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

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our 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 our part, without our express written consent. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (ii) link to any part of the Website other than the homepage; (iii) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

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. We have 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 based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make 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

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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.

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, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, 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, but not limited to, your User Information, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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 for any reason, such provision shall 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 our Privacy Policy constitute the sole and entire agreement between you and L2F Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

The Website is operated by L2F Inc., 48531 Warm Springs Blvd #408, Fremont, CA 94539.  All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@L2Finc.com