Fooducpia's User Agreement
Welcome to Fooducopia Inc. The following describes the terms on which Fooducopia Inc. offers you access to our services.
While using Fooducopia, you will not: break any city, county, state, or federal laws pertaining to the production, sale, and distribution of any or all food products that you produce or distribute; sell any alcohol; sell any food product without first acquiring the necessary city, county, state, or federal permits or licenses required in order for you to sell and distribute the food products in question to the public; advertise, spam, post, or refer anyone be they buyer or seller to a link for an external website; post content or items in an inappropriate category or areas on our sites and services; violate any state or local laws, third party rights, or our policies that pertain to the prohibited and restricted items; use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Fooducopia.com; fail to deliver payment for items purchased by you, unless the seller has made a clear typographical error; fail to ship or deliver items purchased from you, unless you cannot authenticate the buyer's identity or location; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to Fooducopia; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Fooducopia); transfer your Fooducopia account (including feedback) and User ID to another party without Fooducopia Inc.'s consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Fooducopia, or the interests or property of Fooducopia users; copy, modify, or distribute content from the Sites and Fooducopia's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. Fooducopia reserves the right to undisputedly decide who may become a seller and what products they may sell on this website.
Fooducopia and the Community work together to keep our site and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Fooducopia works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify us of this by using the Contact Us page.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 6 months or longer.
Fees and Services
Every seller agrees to pay any and all fees incurred by listing or selling products on www.Fooducopia.com. All fees are quoted in U.S. Dollars. At any time Fooducopia Inc. reserves the right to change the fee structure for Fooducopia.com.Any changes made to policies concerning the fees on Fooducopia.com are effective immediately after they are posted on Fooducopia.com. Each seller is solely responsible for paying all city, county, state, and federal taxes with respects to any sales transactions they were party to on www.Fooducopia.com. If your payment method fails or your account is past due, we may collect fees owed to Fooducpia Inc. using other collection mechanisms, we may also close your account, and or retain legal counsel. The seller agrees and acknowledges that they will pay all legal fees incurred by Fooducopia Inc. through the collection process of fees owed by seller to Fooducopia Inc.
Each seller is solely responsible for the distribution of any number of products that was purchased from them on Fooducopia.com.
Fooducopia’s Corner Store Delivery Service
Fooducopia's employees, agents or designees will deliver orders placed with the Fooducopia’s Corner Store Service. Delivery will be made to the delivery address that you specify when you place your order. You are responsible for ensuring that someone is present at the delivery address to receive deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Fooducopia cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive the order at the specified time, you will be assessed an additional fee. Fooducopia's liability for missing a delivery is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your Corner Store order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Fooducopia may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. Fooducopia is not responsible, and you agree not to hold Fooducopia or its employees responsible, for any damage or theft that occurs to an unattended delivery. Fooducopia reserves the right to refuse to leave an order unattended if the Fooducopia’s Corner Store Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
Credit Card Validity
If your credit card is not valid or has expired Fooducopia reserves the right to terminate or deactivate your account.
Between Fooducopia and Sellers: Fooducopia charges fees to the Seller for listing and selling items on Fooducopia. Fooducopia will not refund any fees that may be charged as a result of the seller listing or selling an item on this website. In the instance that a buyer is not pleased with an item and the seller is required to refund the money to the buyer, Fooducopia will not refund the transaction fee to the seller.
Between Buyers and Sellers: Fooducopia will not participate in any refunds that occur between buyer and seller. When a seller decides to make a refund to the buyer, Fooducopia recommends that each party speak directly with the other in order to arrange the best method for granting a refund. In most cases, refunds between buyer and seller can be issued using the same payment method the buyer used to purchase the item in the first place. However, buyers and sellers should work together to determine the best refund method for a particular situation.
Between Buyers and Fooducopia's Corner Store: If you are not satisfied for any reason with an item purchased on Fooducopia's Corner Store, you may return it within 30 days and it will be refunded toward your next Corner Store purchase.
When you post content on Fooducopia.com, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, trademark, publicity, and database rights you have in either the content or any media posted on Fooducopia.com known now or in the future.
You will not hold Fooducopia responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional market place. Instead, the sites within Fooducopia are a venue to allow anyone with Fooducopia's discretion to offer, sell, and buy just about any food item, at anytime, from anywhere, and from any store within this website. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer. The legal ownership of items transfers directly from the seller to the buyer and not through Fooducopia. Further, we cannot guarantee continuous and secure access to our services. Fooducopia Inc. cannot guarantee that the operation of Fooducopia.com won't be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Fooducopia Inc. by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Fooducopia.com for any purpose without our express written permission.
Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Fooducopia Inc. and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass measures we may use to prevent or restrict access to the sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served to Fooducopia Inc.'s national registered agent or to the email address you provide to Fooducopia.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Fooducopia Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Fooducopia agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us through our contact us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Fooducopia Inc. is located at 8238 N New England Ave. Niles, IL. 60714. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fooducopia Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Fooducopia Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property of Fooducopia Inc. or its software suppliers and protected by United States and international copyright laws.
All Fooducopia.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Fooducopia Inc. in the United States of America and/or other countries. Fooducopia's trademarks and trade dress may not be used in connection with any product or service that is does not belong to Fooducopia Inc., in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fooducopia Inc. All other trademarks not owned by Fooducopia Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fooducopia Inc.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective when they are posted.
Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Fooducopia assumes no liability for inaccuracies or misstatements about products.