Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site or the site at Foodsmiths.com (http:// foodsmiths.com) (collectively, the "Site"), you accept these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site. Except where stated otherwise, the term “Foodsmiths.com " used on the Site shall be deemed to include Foodsmiths Inc. and its affiliates, subsidiaries, successors and assigns. Foodsmiths.com reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms and conditions will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
Foodsmiths.com owns and operates the Site. “Foodsmiths.com ", the Foodsmiths logo, and our motto are copyrights of Foodsmiths. Other registered trade-marks, trade-marks, related words, domain names and logos which are the property of Foodsmiths.com may appear from time to time on the Site. All other trade-marks, product names and company names or logos cited herein which are not the property of Foodsmiths.com are the property of their respective owners. Foodsmiths trade-marks may not be used without Foodsmiths express authorization and, without limiting the generality of the foregoing. Foodsmiths trade-marks may not be used in connection with any products or services which are not Foodsmiths or authorized by Foodsmiths, or in any manner that is likely to cause confusion among customers or potential customers of Foodsmiths, or in any manner that disparages or discredits Foodsmiths.
All material contained on the Site including the content, site design, text, graphics, and the selection and arrangement thereof are the copyright of Foodsmiths (unless otherwise expressly stated). No material from the Site or any website owned, operated, licensed, or controlled by Foodsmiths may be copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not display or provide for display pages from this Site in a frame. If you wish to link to this Site, please contact us to obtain our written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of Foodsmiths copyright and other proprietary rights, and is expressly prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of Foodsmiths copyright and other proprietary rights, and is also strictly prohibited.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. FOODSMITHS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. FOODSMITHS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE FOODSMITHS.COM INCLUDES LINKS TO OTHER WEBSITES THAT FOODSMITHS.COM HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST FOODSMITHS.COM WITH RESPECT TO SUCH WEBSITES.
NONE OF FOODSMITHS.COM OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
DISCLAIMER REGARDING HEALTH INFORMATION
Foodsmiths.com does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any medical or health information posted or otherwise available on or through access to the Site. Foodsmiths.com is not responsible for the content of any linked pages, or any other sites linked to the Site and Foodsmiths.com assumes no liability or responsibility arising from the contents of any off-site pages or sites. The information provided by Foodsmiths.com on the Site are for educational purposes only and in summary form intended to provide general consumer understanding and knowledge of health care topics and Foodsmiths.com is not responsible and shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Site. You are responsible to review and understand all package and package insert information concerning products purchased from Foodsmiths.com. The information provided on the Site is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your doctor or pharmacist prior to starting any treatment or in connection with any health problems or questions.
The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOU OWN PHYSICIAN FOR ADVICE AND TREATMENT.
SECURITY AND PRIVACY
Foodsmiths.com strives at all times to protect the security and privacy of any information you provide over the internet to Foodsmiths.com. However because of the inherent nature of the internet, Foodsmiths.com cannot guarantee that this information will not be improperly accessed or used by third parties. You are submitting this information over the internet to Foodsmiths.com at your own risk. For further information please refer to the Privacy and Security sections of this Site.
PRODUCT INFORMATION AND FLYERS
We cannot guarantee the availability of any products or items described on the Site and some may not be available at Foodsmiths locations or at all due to space limitations, unavailability of supply or for other reasons. All prices shown are before any applicable tax. Foodsmiths.com reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.
While Foodsmiths.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Foodsmiths.com at any time. Without limiting the generality of any other terms and conditions on this Site, Foodsmiths.com does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.
You agree to indemnify, defend and hold harmless Foodsmiths, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.
GOVERNING LAW AND JURISDICTION
The Site is controlled by Foodsmiths.com from its office within the Province of Ontario, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable to the Province of Ontario, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.
In the event that any parts of any terms and conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those terms and conditions will not fail on account thereof, and the balance of the terms and conditions will continue in full force and effect. The terms and conditions on the Site constitute the entire agreement between you and Ontario governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of Ontario in exercising any right or remedy under the terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Foodsmiths.com does not support the comments or opinions of reviewers and assumes no responsibility or liability for any content posted by you or any third party. Foodsmiths.com reviews are moderated for appropriateness. Visitors may post reviews and comments so long as the content does not violate the Product Review Guidelines. Foodsmiths.com reserves the right (but not the obligation) to remove or edit reviews, and regularly reviews posted content. If you do post a review, you grant Foodsmiths.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such contest throughout the world in any media. You grant Foodsmiths.com and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Foodsmiths.com for all claims resulting from content you supply. Foodsmiths.com reserves the right not to post any review at our sole discretion.
Foodsmiths Gift Certificates are currently unredeemable on Foodsmiths.com.
We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without your permission.
Limitation of Liability
FOODSMITHS INC. ("FOODSMITHS.COM") AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN 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.