Terms & Conditions
These Terms and Conditions of FoodMaven Warehouse Sale (“Terms and Conditions”) contain the terms and conditions that apply to your purchase from FoodMaven Corporation (“FoodMaven”), through the FoodMaven Warehouse at warehouse.foodmaven.com (“FoodMaven Warehouse”). By placing an order (“Order”) on the FoodMaven Warehouse, you (“Customer”) are agreeing to purchase products(s) (“Products”) from FoodMaven and are bound by and accept these Terms and Conditions. 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.
Placing of Orders. When Customer places an Order, FoodMaven will send an order confirmation to the email address provided by the Customer with a designated delivery window if the Order is placed for delivery. FoodMaven will send an email confirmation containing details of the Order (“Order Confirmation”). Upon receipt of the Order Confirmation, Customer must promptly notify FoodMaven of any discrepancy in the Order
Pricing. Product prices change frequently. Prices for a particular Product are only guaranteed once you place an Order for that Product and only for that Order.
Delivery. If a Customer Order is placed for delivery, FoodMaven will leave Customer’s order near Customer’s front door during Customer’s designated delivery window. If FoodMaven is unable to deliver during the designated delivery window, FoodMaven will notify Customer. Customer is solely responsible for promptly retrieving and properly storing Products after delivery. FoodMaven is not responsible for any Product spoilage or theft after an Order is delivered.
Payment Terms. Payment for the Products must be made by valid credit card at the time of placing an order. All sales are final and Customer shall not be entitled to any refund, subject to FoodMaven’s Return Policy below.
Delivery Fees; Taxes. If applicable, separate charges for delivery fees will be shown during the checkout phase on the FoodMaven Warehouse, and will be included on the Order Confirmation. Customer is responsible for any sales 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.
Return Policies. Customer can request a refund or credit on a Product purchased through the FoodMaven Warehouse only if the Product does not meet the Product specifications and criteria as advertised on the FoodMaven Warehouse. 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 is 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.
Resale of Products. Customer understands that any products purchased through the FoodMaven Warehouse may not be re-sold.
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 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.
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.
Acceptance. By ordering any Product from the FoodMaven Warehouse, 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 Warehouse at www.warehouse.foodmaven.com(collectively referred to as the “Sites”). By using or accessing the FoodMaven Sites, you agree 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 post 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 FoodMaven’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.
(b) 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.