Terms and Conditions
COPYRIGHT 2015 Foodlyn - Food for the Greatest Good LLC
All RIGHTS Reserved
TERMS AND CONDITIONS
BY VISITING FOODLYN.COM YOU ARE CONSENTING TO THE FOLLOWING
TERMS AND CONDITIONS:
The terms “we,” “us,” and “our” refer to Foodlyn - Food for the Greatest Good LLC owner and operator of Foodlyn.com. The term the “Site” refers to www.Foodlyn.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The terms “Seller,” or “Vendor” refers to users who have registered to sell their products on the Site. The term “Buyer” refers to a consumer who make a purchase on or through this Site.
The term “Service” refers to all content on the Site, including the ability to purchase products, reviews, blog posts, digital products.
Use of www.Foodlyn.com, including all materials presented herein and all online services provided by Foodlyn, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Buyers, site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge having read them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site without the consent of a parent or legal guardian. Information provided on the Site and in the Service and other information is subject to change.
Foodlyn is an internet forum that facilitates communication between consumers and producers or vendors of food and specialty items. Foodlyn acts as a venue for Sellers and Buyers of food items and artisan crafts to exchange information with the goal of establishing a business relationship.
In order to provide an optimal environment for suppliers and purchasers, Foodlyn is not directly involved in the exchange of goods between Buyers and Sellers. As such, Foodlyn has no control over the delivery, quality or safety of any item sold or purchased through this Site. Foodlyn accepts no responsibility over a Buyer’s ability to purchase or a Seller’s ability to sell an item.
At no time does Foodlyn handle any items bought or sold through this Site. As such, Foodlyn does not acquire or transfer legal ownership of any item.
This Site provides information about Foodlyn, our business and services, and showcases Sellers of various food items and artisan crafts including the ability to purchase Seller’s products. The material presented is intended to be used for personal educational or informational purposes only. Foodlyn makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Foodlyn disclaims all liability for any inaccuracy, error, or incompleteness in the Content. You use Foodlyn’s service at your own risk.
The Content included in the Services may include health and nutritional information. Such information is NOT intended, and in no way is, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding food storage and consumption safety.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Foodlyn will always be accurate and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you, including payment of all applicable taxes, as well as for someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We may remove a Seller from the site for failure to comply with these terms, consistently being unable to fulfill orders, or for any reason we deem necessary.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT INFORMATION, HANDLING, AND PRICING
Sellers will endeavor to describe and display the products they offer as accurately as possible. By having their products posted on Foodlyn, , Seller warrants that it has the legal right to sell this item and has complied with all statutes, ordinances and regulations applicable to the production and sale of such items. Each Seller is solely responsible for shipping the purchased items to Buyer in a timely and commercially accepted manner. Sellers will detail shipping policies in its listing. Each Seller is responsible, and agrees to, update its listing on this Site by notifying Foodlyn via email to accurately reflect the current and correct price of an item. The prices reflected on this Site should match that on a Seller’s own website or other website where the item is available for sale. Any special promotions that are available on a Seller’s site or elsewhere should also be available on Foodlyn.
Each Seller will endeavor to fulfill all orders placed through Foodlyn promptly and without undue delay. If we receive a complaint about unfulfilled orders, we will provide written notice via email to such Seller with a cure period. If a Seller is unable to fix production issues during the cure period, its items will be removed from the Site. If a Seller is consistently unable to fulfill orders, we may terminate its account and remove all of its items from the Site.
Buyers, please do not assume that the information on the Site is entirely accurate, current, or error-free. The price of an item you see is the current price. Placing an item into your shopping cart does not guarantee the price.
There is no cost to join or use Foodlyn. Buyers are only responsible for those items which they elect to purchase.
Foodlyn is committed to donating a portion of our proceeds to charity. We reserve the right to choose the charitable organization that will receive the donation, the amount of the donation, and the frequency of the donations. Foodlyn may change the designated recipients of such charitable donations from time to time and at any time. Any tax benefits derived from the donations are solely for the benefit of Foodlyn.
The procedures for payment by a Buyer are set forth on the Site. All purchases made through the Site are to be made directly to Foodlyn in accordance with the payment procedures set forth on the Site. Foodlyn will process such payments, forward the purchase orders to the appropriate Seller and confirm that shipment is made in accordance with each Seller’s respective shipping policies. Any complaints with respect to payment should be made directly to Foodlyn.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Foodlyn - Food for the Greatest Good LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
FOODLYN IS PROVIDING THE SITE, ITS CONTENTS AND SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODLYN DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FOODLYN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION FROM SELLERS ACCESSIBLE VIA THE SITE OR THE SERVICES PROVIDED BY THEM ARE ACCURATE, COMPLETE OR CURRENT.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Foodlyn. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees and expenses, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
DISPUTES BETWEEN BUYERS AND SELLERS
Foodlyn strives for customer satisfaction in all of its transactions. While most vendors will not accept the return of any food products, Foodlyn will generally seek to resolve any disputes through credits against future purchases or delivery of an alternative product. Foodlyn will assist buyers in resolving any disputes with their vendors. Any complaints or questions should be sent via email to: firstname.lastname@example.org.
SHIPMENTS AND RETURNS
Shipping is available in the United States.. Any order placed with a delivery address outside these territories will be canceled. We may decline any order for any reason. If your order is declined or canceled, a refund will be issued.
Seller assumes responsibility for shipments until such a time as the shipment is delivered to a carrier. At that time, title and risk of loss passes to the Buyer. If a Buyer purchases products from more than one Seller, your items will arrive in separate shipments.
Shipping is not available to P.O. Boxes or unattended addresses. You are solely responsible for ensuring that a responsible person is available to receive a shipment. Any individual at the delivery address will be presumed by the carrier to be authorized to receive the shipment. We are not responsible should the shipment be delivered to an unauthorized person. Your sole remedy in such a situation is to contact the carrier. Additionally, if you purchase an alcoholic product, the shipment must be signed for by someone over 21 years of age. We are not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.
Food items are not returnable or refundable. All sales are final. We are committed to 100% customer satisfaction. If you are unhappy with your purchase for any reason, please contact us at email@example.com.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Foodlyn pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Foodlyn shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Foodlyn.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
c/o Nancy Brown
360 Furman Street, #536
Brooklyn, NY 11201
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York.