Site Usage Terms and Conditions
Conditions of Use
License and Site Access
Formaggio Kitchen Online grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Formaggio Kitchen Online. This license does not include any resale or commercial use of this site or its contents, including text, graphics, logos or button icons; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Formaggio Kitchen Online.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of formaggiokitchen.com and our affiliates without express written consent for the purpose of passing it off as your own. You may not use any meta tags or any other “hidden text” utilizing Formaggio Kitchen Online’s name or logos without the express written consent of Formaggio Kitchen Online. Any unauthorized use terminates the permission or license granted by Formaggio Kitchen Online.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of formaggiokitchen.com so long as the link does not portray formaggiokitchen.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Formaggio Kitchen Online logo or other proprietary graphic or trademark as part of the link without express written permission.
Products and Services
The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
You may choose to register at our Site if you are over fourteen (14) years of age. Do not register if you are not over fourteen (14) years of age. If you are over fourteen (14) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Formaggio Kitchen Online’s best interests to do so.
When you visit formaggiokitchen.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the preceeding section. You agree not to transmit, upload, post, e-mail or otherwise make available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass, entrap or harm any third party; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
All content included on this site, such as text, graphics, logos, button icons, images, is the property of Formaggio Kitchen Online or their respective owners and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of formaggiokitchen.com or used with the permission of said parties and protected by U.S. and international copyright laws.
Risk of Loss
All items purchased from Formaggio Kitchen Online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Formaggio Kitchen Online will not take responsibility for lost or stolen packages.
Formaggio Kitchen Online and its affiliates attempt to be as accurate as possible. However, Formaggio Kitchen Online does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Formaggio Kitchen Online itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FORMAGGIO KITCHEN ONLINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORMAGGIO KITCHEN ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FORMAGGIO KITCHEN ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FORMAGGIO KITCHEN ONLINE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FORMAGGIO KITCHEN ONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORMAGGIO KITCHEN ONLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.