Ownership of the Site
Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Food for Comfort will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information; Colors
Although Food for Comfort attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Food for Comfort so that it can be corrected. Food for Comfort reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Food for Comfort shall have no responsibility or liability for information or Content posted to the Site from any non-Food for Comfort affiliated third party, including any information, images, description, nutritional information, ingredients, or other information posted by any participating restaurants, caterers, markets, stores, and other vendors who offer their products through our sight (collectively, “Suppliers”).
We have made significant efforts to accurately display the colors and images of the products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information, including such information received from our Suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Quantity Limits and Dealer Sales
You can purchase products and Services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Food for Comfort may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Export Policy and Restrictions
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software, or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Food for Comfort from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions, laws, and regulations.
Links to Other Sites
Food for Comfort makes no representations whatsoever about any other website that you may access through this Site or Services, including the websites of our Suppliers. When you access a non-Food for Comfort website, please understand that it is independent from Food for Comfort, and that Food for Comfort has no control over the content on that website. In addition, a link to a non-Food for Comfort website does not mean that Food for Comfort endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, messages, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Food for Comfort that you have the legal right and authorization to provide all User Generated Content to Food for Comfort for the purposes and Food for Comfort’s use as set forth herein. Food for Comfort shall have a royalty-free, irrevocable, transferable right, and license to use the User Generated Content in whatever manner Food for Comfort desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Food for Comfort is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Food for Comfort does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Food for Comfort the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Food for Comfort and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Food for Comfort harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Food for Comfort arising out of any User Generated Content you post or allow to be posted to the Site.
Terms Applicable to Suppliers
If Supplier submits, uploads, transmits, or posts any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site (“Supplier Content”) or provide any Supplier Content to customers or other consumers, Supplier agrees not to provide any Supplier Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Supplier is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to consumers, including all applicable ingredients. Supplier agrees not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. Supplier represents and warrants to Food for Comfort that Supplier have the legal right and authorization to upload all Supplier Content at the Site. Food for Comfort shall have a royalty-free, irrevocable, transferable right and license to use the Supplier Content however Food for Comfort desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Supplier Content and/or incorporate such Supplier Content into any form, medium, or technology throughout the world. Food for Comfort is and shall be under no obligation: (i) to maintain any Supplier Content in confidence; (ii) to pay to Supplier any compensation for any Supplier Content; or (iii) to respond to any Supplier Content.
Food for Comfort does not regularly review Supplier Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Supplier Content submitted to the Site. Supplier grants Food for Comfort the right to use the name that Supplier submit in connection with any Supplier Content. Supplier agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Supplier Content. Supplier is and shall remain solely responsible for the content of any Supplier Content Supplier post to the Site or provided to consumers. Food for Comfort and its affiliates take no responsibility and assume no liability for any Supplier Content submitted by Supplier or any third party.
Consent to Receive Phone Calls
By providing your phone number, you are agreeing to be contacted by or on behalf of Food for Comfort and the Suppliers at the number you have provided, including calls and text messages, and including the use of autodialers and robotexts, to receive informational, Services related (e.g., progress tracking, fulfillment, reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls and text messages from us by emailing us at firstname.lastname@example.org. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
Disclaimer of Warranties
FOOD FOR COMFORT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION OR PRODUCTS, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FOOD FOR COMFORT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. FOOD FOR COMFORT DOES NOT WARRANT THAT THE PRODUCTS PURCHASED THROUGH THE SITE WILL MEET YOUR AND OTHER INDIVIDUALS TASTE, NUTRITIONAL, HEALTH, OR SATISFACTION REQUIREMENTS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. FOOD FOR COMFORT MAKES NO GUARANTEES AND PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING THE NUTRITIONAL VALUE, SPEED OF DELIVERY, OR CORRECTNESS OF THE ORDER OF ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE. FOOD FOR COMFORT DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability Regarding Use of Site
FOOD FOR COMFORT SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE SUPPLIERS. FOOD FOR COMFORT AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FOOD FOR COMFORT TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). FOOD FOR COMFORT IS NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIMS, ALL LIABILITY BASED ON ANY ADVERSE HEALTH RELATED REACTION OBTAINED FROM ANY PRODUCTS PURCHASED THROUGH THE SITE. ALL SUCH LIABILITY IS BETWEEN YOU AND THE SUPPLIERS. FOOD FOR COMFORT DOES NOT PRACTICE MEDICINE, AND MAKES NO REPRESENTATIONS AND ASSUMES NO LIABILITY FOR THE APPROPRIATENESS OF YOUR CONSUMPTION OF ANY SPECIFIC PRODUCT AVAILABLE THROUGH OUR SITE.
Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND FOOD FOR COMFORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Food for Comfort agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.