USE OF THE SITE
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from The Food Shop, LLC has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from The Food Shop, LLC, LLC. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to The Food Shop, LLC or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for The Food Shop, LLC or cause The Food Shop, LLC to lose (in whole or in part) the services of our suppliers, the goodwill or purchases of our customers or otherwise adversely reflect on The Food Shop, LLC, its products or its reputation.
PRODUCTS AND SERVICES
The products and services made available by The Food Shop, LLC and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining The Food Shop, LLC’s prior written consent. The Food Shop, LLC and its suppliers may cancel or modify purchases if it appears, in The Food Shop, LLC’s sole discretion, that they are connected to fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return policies, may apply to Your purchase and are incorporated by reference herein.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of The Food Shop, LLC and other parties (“Protectable Interests”). No license or right to or in any Protectable Interests of The Food Shop, LLC and other parties is granted to or conferred upon You. Reproduction, storage, distribution, posting, displaying, uploading or transmitting of materials obtained from this Site is strictly prohibited and subject to various state, federal and international laws. You may not utilize framing techniques to frame any of The Food Shop, LLC and Gallivant-Blissful Journeys trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information, nor pay for the promotion of any company or product based on our name, trademarks or other proprietary information.
You are solely responsible for any content You submit to the Site. The Food Shop, LLC is not responsible for the use or treatment by any third party of any information You submit to any social networking section of the Site. You agree not to submit any content that is libelous, slanderous, defamatory, profane, obscene, offensive or designed to injure or reflect adversely on The Food Shop, LLC or a third party. The Food Shop, LLC reserves the right to remove or edit any content You submit and, for repeat offenders, to disable Your ability to submit content. The Food Shop, LLC recommends that You limit any such information provided to any social network section of the Site to non-personal information.
ADVERTISING DISCLOSURE, ACCURACY
The Site may contain technical inaccuracies or typographical errors or omissions. The Food Shop, LLC is not responsible for typographical errors or the accuracy of pricing, availability, product information, advertising or any other informational error. Advertised prices and available quantities are subject to change without notice. The Food Shop, LLC reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice. You agree that in the event of an informational error, your sole remedy is a refund of the relevant product.
The Food Shop, LLC and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, The Food Shop, LLC and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
You understand and agree that access to the Site is through the Internet, which is out of The Food Shop, LLC’s ownership and control. The Food Shop, LLC is not responsible for any failure to reach the Site or purchase products at the Site.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. THE FOOD SHOP, LLC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL THE FOOD SHOP, LLC, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY THE FOOD SHOP, LLC OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
You agree to indemnify and hold The Food Shop, LLC and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these terms and conditions, your violation of any law or the rights of a third party or any content you submit to the Site. The Food Shop, LLC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
DIGITAL MILLENNIUM COPYRIGHT ACT
If You are a copyright owner or an agent thereof and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Management Team at firstname.lastname@example.org with “Copyright” in the subject.
Any disputes arising out of or related to the Site or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. Moreover, all transactions shall be governed by the laws of the State of Texas, without regard to conflict of law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement or the transactions provided for in this Agreement. All disputes arising out of or in connection with this Agreement shall be heard exclusively by the federal or state courts located in the Harris county, State of Texas, and you hereby irrevocably waive any objection. All actions by you, regardless of form, arising out of or related to this Site or any purchases on this Site must be brought within the applicable statutory period, but in no event more than ONE (1) YEAR after the facts giving rise to the action.
Your failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of The Food Shop, LLC’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by The Food Shop, LLC.
MODIFICATION OF TERMS
This document and the documents referenced herein constitute the entire, complete and exclusive understanding between You and The Food Shop, LLC. No terms and conditions other than the terms and conditions contained or referenced herein shall be binding upon The Food Shop, LLC unless accepted by The Food Shop, LLC in writing.
The Food Shop, LLC may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
Last Updated: May 7, 2020