TERMS AND CONDITIONS OF FOODMAVEN MARKETPLACE SALE
These Terms and Conditions of FoodMaven Marketplace Sale (“Terms and Conditions”) contain the terms and conditions that apply to your purchase from FoodMaven Corporation (“FoodMaven”), through the FoodMaven Marketplace at marketplace.foodmaven.co (“FoodMaven Marketplace”). By placing an order (“Order”) on the FoodMaven Marketplace, you (“Customer”) are offering to purchase products(s) (“Products”) from FoodMaven and are bound by and accept these Terms and Conditions. These Terms and Conditions apply along with any signed separate formal purchase agreement with FoodMaven (“Purchase Agreement”). If any terms conflict between these Terms and Conditions and the Purchase Agreement, the Purchase Agreement shall govern. These Terms and Conditions are subject to change without prior written notice at any time, in FoodMaven’s sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
Other Documents. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an Order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a corresponding Purchase Agreement signed by both Customer and FoodMaven.
Acceptance of Orders. When Customer places an Order, FoodMaven will either accept or reject the Order and will provide Customer with a notification of rejection or acceptance to the email address provided by the Customer. If an Order is accepted by FoodMaven, Customer will receive an order confirmation containing details of the Order (“Order Confirmation”). Upon receipt of the Order Confirmation, Customer is responsible for confirming the Order is accurate and must notify FoodMaven of any discrepancy in the Order within 24 hours from the receipt of the Order Confirmation.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within FoodMaven’s sole discretion, and unless otherwise agreed to by FoodMaven in Customer’s Order Confirmation or Purchase Agreement, payment must be received by FoodMaven within 30 days of Customer’s receipt of the Products. Payment for the Products can be made by credit card, through PayPal, cash on delivery, check mailed to FoodMaven, or some other prearranged payment method as agreed to in writing by FoodMaven. Orders are not binding upon FoodMaven until accepted by FoodMaven and evidenced by an Order Confirmation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. FoodMaven reserves the right to limit the order quantity on any Product and/or to refuse to ship Products to any customer for any reason, or for no reason whatsoever, with or without prior notice.
Unique Fulfillment Conditions. Any unique fulfillment conditions that are negotiated between Customer and FoodMaven will be documented on Customer’s corresponding Order Confirmation or Purchase Agreement.
Shipping Charges; Taxes. Separate charges for shipping and delivery will be shown during the checkout phase on the FoodMaven Marketplace, will be included on the Order Confirmation, and will be displayed on the Customer’s invoice. Unless Customer provides FoodMaven with a valid and correct tax exemption certificate applicable to the Order’s ship-to location prior to FoodMaven’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the Customer’s invoice.
Warranties and Disclaimers. FoodMaven disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site and any other FoodMaven site.
Return Policies. Customer can request a refund or credit on a Product purchased thorough the FoodMaven Marketplace if the Product does not meet the Product specifications and criteria as advertised on the FoodMaven Marketplace. In order to request a refund or credit, Customer must notify FoodMaven within 1 business day of receipt of the Order in question at www.foodmaven.co, and if applicable, send a picture of the Product at issue. If FoodMaven accepts a return of a Product, any amount to be refunded will be processed within 7 business days. If FoodMaven accepts a credit for a Product, any amount to be credited will be added to Customer’s account within 7 business days. FoodMaven reserves the right to request that a returned or credited Product be picked up by a FoodMaven representative.
Products. FoodMaven’s policy is one of on-going product update and revision. FoodMaven may revise and discontinue Products at any time and are not responsible for typographical errors or misprints. FoodMaven reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
Marks and Branding. Customer understands that Products purchased through the FoodMaven Marketplace may contain third party brand names, trademarks, copyrights, or any other identifying marks (“Brands”). Customer Agrees to remove all Brands from the Products before they are displayed, served, or provided to any end consumers.
Resale of Products. Customer understands that any products purchased through the FoodMaven Marketplace may not be re-sold to another wholesale company or re-sold in the context of a retail outlet.
Limitation of Liability. FoodMaven does not accept liability beyond the remedies set forth herein, including any liability for Products for any reason. FoodMaven will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FoodMaven, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the FoodMaven Marketplace; (ii) your violation of any term of these Terms and Conditions; or (iii) any claim that the Products purchased by you from the FoodMaven Marketplace caused damage to a third party.
Arbitration. Any and all disputes, controversies, or claims arising out of, or relating to this Agreement, the subject matter hereof, or the breach of any provisions hereof, shall be settled by arbitration in Colorado Springs, Colorado, in accordance with the rules and regulations then obtaining of the American Arbitration Association.
Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.
Acceptance. By ordering any Product from the FoodMaven Marketplace, whether by clicking through over the internet, telephone, facsimile or otherwise, Customer agrees to be bound by these Terms and Conditions.
Governing law. This agreement and any sales thereunder shall be governed by the laws of the state of Colorado, without regard to conflicts of laws rules.
ADDITIONAL TERMS OF SERVICE
This Additional Terms of Service (these “Terms “) governs our relationship with users and others who interact with the FoodMaven website at www.foodmaven.co and the FoodMaven Marketplace at www.marketplace.foodmaven.co (collectively referred to as the “Sites”). By using or accessing the FoodMaven Sites, you agree to these Terms. Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. FoodMaven may, in its sole discretion, modify or revise these Terms and policies at any time, your continued use constitutes acceptance, and you agree to be bound by such modifications or revisions. Nothing in these Terms should be deemed to confer any third-party rights or benefits.
2. SHARING YOUR CONTENT AND INFORMATION
(a) For content that is covered by intellectual property rights, like photos and videos (“IP Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you pose on or in connection with the Sites (“IP License”).
(b) When you publish content or information, it means that you are allowing everyone, including people off the Sites, to access and use that information, and to associate it with you.
(a) You will not post unauthorized commercial communications (such as spam) or multi-level marketing on the Sites.
(b) You will not collect users’ content or information, or otherwise access the Sites, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
(c) You will not upload viruses or other malicious code.
(d) You will not solicit login information or access an account belonging to someone else.
(e) You will not bully, intimidate, or harass any user.
(f) You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
(g) You will not use the Sites to do anything unlawful, misleading, malicious, or discriminatory.
(h) You will not do anything that could disable, overburden, or impair the proper working or appearance of the Sites, such as a denial of service attack or interference with page rendering or other Site functionality.
(i) You will not facilitate or encourage any violations of these Terms or our policies.
4. YOUR FOODMAVEN ACCOUNT
(a) In order to access some features of the Sites, you will have to create an account (“FoodMaven Account”). You may never use another’s account without permission. When creating your FoodMaven Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your FoodMaven Account, and you must keep your account password secure. You must notify FoodEx immediately of any breach of security or unauthorized use of your FoodEx Account.
(b) Although FoodMaven will not be liable for your losses caused by any unauthorized use of your FoodMaven Account, you may be liable for the losses of FoodMaven or others due to such unauthorized use.
5. PROTECTING OTHER’S RIGHTS
(a) You will not post content or take any action on the Sites that infringe or violate someone else’s rights or otherwise violates the law. When you do post content to the Sites, you warrant that you have all the rights to the content, including but not limited to copyrights.
(b) FoodMaven can remove any content or information you post on the Sites if we believe that it violates these Terms or FoodEx’s policies.
(d) If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
(e) You will not post anyone’s identification documents or sensitive financial information on the Sites.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for FoodMaven, we can stop providing all or part of the Sites to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
7. WARRANTY DISCLAIMER
(a) YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. FOODEX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES.
(b) FOODMAVEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES, SERVICES, OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FOODEX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL FOODMAVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
(b) YOU SPECIFICALLY ACKNOWLEDGE THAT FOODMAVEN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(c) The Sites are controlled and offered by FoodMaven from its facilities in the United States of America. FoodMaven makes no representations that the Sites are appropriate or available for use in other locations. Those who access or use the Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FoodEx, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Sites.
10. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
(a) These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and FoodMaven that arises in whole or in part from the Sites shall be decided exclusively by state courts of competent jurisdiction located in El Paso County, Colorado or federal courts in Denver, Colorado.
(c) If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and FoodMaven’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.