Terms & Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THESE TERMS AND CONDITIONS OF SALE (the “Terms") MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.
Foodware Express operates the website located at www.foodwareexpress.com and other websites on which a copy of these terms of use appear (cumulatively the "Foodware Express Sites") as a service to its customers residing in the United States of America, its territories and possessions ("U.S."). Foodware Express, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the Foodware Express Sites are referred to collectively as the "Foodware Express Parties."
These Terms, and Foodware Express’s Privacy Policy (which is incorporated herein by reference), contain the rules and restrictions that govern your use of the Foodware Express Sites, your customer relationship with Foodware Express and any sales and/or return transactions in which you engage with Foodware Express and/or on any of the Foodware Express Sites. You accept and agree to be bound by these Terms by continuing to use any of the Foodware Express Sites, and/or engaging in any customer transactions with Foodware Express. If you do not agree to abide by these Terms or the Privacy Policy, or to modifications that Foodware Express may make thereto in the future, do not use or access or continue to use or access the Foodware Express Sites.
1. User Eligibility
The Foodware Express Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the Foodware Express Sites are available only in the U.S. If you do not qualify, do not use the Foodware Express Sites. In addition, you should only access the Foodware Express Sites from within the United States or its territories, as access to the Foodware Express Sites may be prohibited in countries outside the U.S. If you access the Foodware Express Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
Special Note regarding Children: The Foodware Express Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Foodware Express Sites. Foodware Express will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Foodware Express Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
2. Copyright Ownership and Permitted Use of Foodware Express Sites and their Content
Foodware Express provides the Foodware Express Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the Foodware Express Sites. However, you should keep in mind that all of the information, content, logos and other material contained on the Foodware Express Sites, including text, trademarks, written material, trade dress, brand names, catalogs, technical information and advertisements (all “Content”) are the sole and exclusive property of Foodware Express, its licensors, or their respective owners. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by the owner. You may view, download, and print material displayed on the Foodware Express Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. Certain Restrictions on Use
You may not:
4. Errors on the Foodware Express Sites
Foodware Express shall have no responsibility for errors of any kind on the Foodware Express Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Foodware Express reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer’s sole and exclusive remedy if an item purchased by the customer from the Foodware Express Sites does not fulfill the description set forth on the Foodware Express Sites is to return the item, in an unused condition, to Foodware Express for a refund of the purchase price and, in Foodware Express’s sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to Foodware Express. Because actual colors and the “look and feel” you see on the Foodware Express Sites will depend on your monitor and other technical factors, Foodware Express cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by Foodware Express upon the submission of an order by a customer. Prices provided on the Foodware Express Sites are subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event Foodware Express discovers an error of any kind in pricing or product and service information, Foodware Express reserves the right to, in Foodware Express’s sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on the Foodware Express Sites are available only while supplies last, and Foodware Express reserves the right to discontinue the offering or sale of any product or service at any time, without notice.
5. Feedback and Submissions to the Foodware Express Sites
Foodware Express welcomes your comments regarding the products and services offered on the Foodware Express Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Foodware Express Site and (ii) the Foodware Express Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Foodware Express Sites or through the feedback and survey opportunities offered by Foodware Express or third parties will be considered non-confidential, non-proprietary and not personal to you or anyone else and may be disseminated or used by Foodware Express, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the Foodware Express Sites, you grant to Foodware Express a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Foodware Express any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Foodware Express Sites.
By submitting material to the Foodware Express Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Foodware Express as to the origin of any submission. You agree to indemnify Foodware Express for all claims against it that arise from or are connected with your submission(s).
6. Communications
Foodware Express may communicate with you using email or telephone, including by automated or prerecorded calls and text messages, at any email address and/or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) as otherwise necessary to service your account or enforce these Terms, Foodware Express’s policies, applicable law, or any other agreement Foodware Express may have with you; or (vii) to inform you of upcoming events and/or promotions. By agreeing to these Terms, you consent to receive such communications and understand that such consent is not required to make a purchase. If your email address or telephone number changes, you agree to update Foodware Express regarding such change.
7. Disclaimer of Warranty
The Foodware Express Sites, including all Content and the Content of any Linked Websites, are provided “as is” and “as available.” AS TO THE Foodware Express SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, Foodware Express EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limitation to the foregoing, Foodware Express makes no warranty: (a) that there will be no interference with your enjoyment of the Foodware Express Sites or Linked Websites; (b) that the Content provided on the Foodware Express Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the Foodware Express Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the Foodware Express Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the Foodware Express Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the Foodware Express Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the Foodware Express Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the Foodware Express Sites or Linked Websites will be corrected; (i) that materials on the Foodware Express Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the Foodware Express Sites or Linked Websites are available for use in any particular location.
You assume total responsibility and risk for your use of the Foodware Express Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the Foodware Express Sites or Linked Website shall be so obtained at your own discretion and risk. Foodware Express will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the Foodware Express Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the Foodware Express Sites or any Linked Website.
8. Limitation of Liability; Indemnity
Foodware Express will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits, or punitive damages arising out of your access to or use of the Foodware Express Sites, even if Foodware Express has been advised of the possibility of such damages. By using any Foodware Express Site, you agree to indemnify the Foodware Express Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Foodware Express reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Order Fulfillment
Foodware Express reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Foodware Express shall not be liable to you or any third party for such denial or refusal.
10. Termination
Foodware Express may, in its sole discretion, terminate your use of the Foodware Express Sites or terminate your rights under these Terms for any reason, without prior notice. In its sole discretion, and at any time, Foodware Express may also discontinue providing the Foodware Express Sites or any one or part, with or without notice. Foodware Express shall not be liable to you or any third party for any of the foregoing. In the event these Terms are terminated, the restrictions regarding Content appearing on the Foodware Express Sites, and the representations and warranties, indemnities and limitations of liabilities set forth in these Terms will survive termination.
11. Links
The Foodware Express Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as “Linked Websites”). Foodware Express has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Foodware Express does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Foodware Express.
12. Jurisdiction; Disputes
These Terms will be governed by, and construed in accordance with, the laws of the State of Illinois, as it is applied to agreements entered into and performed therein, and excluding: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Terms or matters related to the Foodware Express Sites will be brought in either the State or Federal Courts of the State of Illinois; provided, however, that notwithstanding anything contained in these Terms to the contrary, Foodware Express shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Foodware Express's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have under these Terms or your use of the Foodware Express Sites: (i) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (ii) must be brought individually, and not consolidated as part of a group or class action complaint.
13. Other
You may not use or export or re-export the materials on the Foodware Express Sites or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. These Terms constitute the entire agreement between you and Foodware Express relating to use of the Foodware Express Sites, superseding any other agreement between you and Foodware Express with respect to the subject matter of these Terms. Section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Foodware Express concerning your use of the Foodware Express Sites.
14. Amendments
Foodware Express reserves the right, at its sole discretion, to revise, change, or modify the Terms and Foodware Express Privacy Policy at any time by updating this posting. Your continued use of the Foodware Express Sites following the posting of changes to these Terms or Privacy Policy signifies your acceptance of those changes. Therefore, you should check these Terms and Privacy Policy from time to time as you visit the Foodware Express Sites
15. Updates and Changes to Policies
Foodware Express may change its Terms from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms each time you access or use the Foodware Express Sites.
16. Contact Information
If you have questions regarding the Foodware Express Terms of Use, you may contact us at termsofuse@foodwareexpress.com. Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Foodware Express Sites, please notify Foodware Express immediately at termsofuse@foodwareexpress.com.
Effective September 21, 2021
Foodware Express operates the website located at www.foodwareexpress.com and other websites on which a copy of these terms of use appear (cumulatively the "Foodware Express Sites") as a service to its customers residing in the United States of America, its territories and possessions ("U.S."). Foodware Express, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the Foodware Express Sites are referred to collectively as the "Foodware Express Parties."
These Terms, and Foodware Express’s Privacy Policy (which is incorporated herein by reference), contain the rules and restrictions that govern your use of the Foodware Express Sites, your customer relationship with Foodware Express and any sales and/or return transactions in which you engage with Foodware Express and/or on any of the Foodware Express Sites. You accept and agree to be bound by these Terms by continuing to use any of the Foodware Express Sites, and/or engaging in any customer transactions with Foodware Express. If you do not agree to abide by these Terms or the Privacy Policy, or to modifications that Foodware Express may make thereto in the future, do not use or access or continue to use or access the Foodware Express Sites.
1. User Eligibility
The Foodware Express Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the Foodware Express Sites are available only in the U.S. If you do not qualify, do not use the Foodware Express Sites. In addition, you should only access the Foodware Express Sites from within the United States or its territories, as access to the Foodware Express Sites may be prohibited in countries outside the U.S. If you access the Foodware Express Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
Special Note regarding Children: The Foodware Express Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Foodware Express Sites. Foodware Express will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Foodware Express Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
2. Copyright Ownership and Permitted Use of Foodware Express Sites and their Content
Foodware Express provides the Foodware Express Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the Foodware Express Sites. However, you should keep in mind that all of the information, content, logos and other material contained on the Foodware Express Sites, including text, trademarks, written material, trade dress, brand names, catalogs, technical information and advertisements (all “Content”) are the sole and exclusive property of Foodware Express, its licensors, or their respective owners. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by the owner. You may view, download, and print material displayed on the Foodware Express Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. Certain Restrictions on Use
You may not:
- distribute, retransmit, republish, reuse, repost, or use the contents of the Foodware Express Sites for public or commercial purposes, without Foodware Express's prior written permission;
- alter, modify, frame, or "mirror" any content contained on the Foodware Express Sites
- link to the Foodware Express Sites;
- use any data mining, robots, or similar data-gathering and extraction tools in connection with the Foodware Express Sites;
- remove or alter any copyright or other proprietary notices contained on the Content;
- input or upload onto the Foodware Express Sites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of Foodware Express or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
- post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to the Foodware Express Sites; or engage in any type of harassment activity via the Foodware Express Sites.
4. Errors on the Foodware Express Sites
Foodware Express shall have no responsibility for errors of any kind on the Foodware Express Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Foodware Express reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer’s sole and exclusive remedy if an item purchased by the customer from the Foodware Express Sites does not fulfill the description set forth on the Foodware Express Sites is to return the item, in an unused condition, to Foodware Express for a refund of the purchase price and, in Foodware Express’s sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to Foodware Express. Because actual colors and the “look and feel” you see on the Foodware Express Sites will depend on your monitor and other technical factors, Foodware Express cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by Foodware Express upon the submission of an order by a customer. Prices provided on the Foodware Express Sites are subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event Foodware Express discovers an error of any kind in pricing or product and service information, Foodware Express reserves the right to, in Foodware Express’s sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on the Foodware Express Sites are available only while supplies last, and Foodware Express reserves the right to discontinue the offering or sale of any product or service at any time, without notice.
5. Feedback and Submissions to the Foodware Express Sites
Foodware Express welcomes your comments regarding the products and services offered on the Foodware Express Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Foodware Express Site and (ii) the Foodware Express Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Foodware Express Sites or through the feedback and survey opportunities offered by Foodware Express or third parties will be considered non-confidential, non-proprietary and not personal to you or anyone else and may be disseminated or used by Foodware Express, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the Foodware Express Sites, you grant to Foodware Express a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Foodware Express any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Foodware Express Sites.
By submitting material to the Foodware Express Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Foodware Express as to the origin of any submission. You agree to indemnify Foodware Express for all claims against it that arise from or are connected with your submission(s).
6. Communications
Foodware Express may communicate with you using email or telephone, including by automated or prerecorded calls and text messages, at any email address and/or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) as otherwise necessary to service your account or enforce these Terms, Foodware Express’s policies, applicable law, or any other agreement Foodware Express may have with you; or (vii) to inform you of upcoming events and/or promotions. By agreeing to these Terms, you consent to receive such communications and understand that such consent is not required to make a purchase. If your email address or telephone number changes, you agree to update Foodware Express regarding such change.
7. Disclaimer of Warranty
The Foodware Express Sites, including all Content and the Content of any Linked Websites, are provided “as is” and “as available.” AS TO THE Foodware Express SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, Foodware Express EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limitation to the foregoing, Foodware Express makes no warranty: (a) that there will be no interference with your enjoyment of the Foodware Express Sites or Linked Websites; (b) that the Content provided on the Foodware Express Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the Foodware Express Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the Foodware Express Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the Foodware Express Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the Foodware Express Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the Foodware Express Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the Foodware Express Sites or Linked Websites will be corrected; (i) that materials on the Foodware Express Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the Foodware Express Sites or Linked Websites are available for use in any particular location.
You assume total responsibility and risk for your use of the Foodware Express Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the Foodware Express Sites or Linked Website shall be so obtained at your own discretion and risk. Foodware Express will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the Foodware Express Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the Foodware Express Sites or any Linked Website.
8. Limitation of Liability; Indemnity
Foodware Express will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits, or punitive damages arising out of your access to or use of the Foodware Express Sites, even if Foodware Express has been advised of the possibility of such damages. By using any Foodware Express Site, you agree to indemnify the Foodware Express Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Foodware Express reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Order Fulfillment
Foodware Express reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Foodware Express shall not be liable to you or any third party for such denial or refusal.
10. Termination
Foodware Express may, in its sole discretion, terminate your use of the Foodware Express Sites or terminate your rights under these Terms for any reason, without prior notice. In its sole discretion, and at any time, Foodware Express may also discontinue providing the Foodware Express Sites or any one or part, with or without notice. Foodware Express shall not be liable to you or any third party for any of the foregoing. In the event these Terms are terminated, the restrictions regarding Content appearing on the Foodware Express Sites, and the representations and warranties, indemnities and limitations of liabilities set forth in these Terms will survive termination.
11. Links
The Foodware Express Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as “Linked Websites”). Foodware Express has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Foodware Express does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Foodware Express.
12. Jurisdiction; Disputes
These Terms will be governed by, and construed in accordance with, the laws of the State of Illinois, as it is applied to agreements entered into and performed therein, and excluding: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Terms or matters related to the Foodware Express Sites will be brought in either the State or Federal Courts of the State of Illinois; provided, however, that notwithstanding anything contained in these Terms to the contrary, Foodware Express shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Foodware Express's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have under these Terms or your use of the Foodware Express Sites: (i) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (ii) must be brought individually, and not consolidated as part of a group or class action complaint.
13. Other
You may not use or export or re-export the materials on the Foodware Express Sites or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. These Terms constitute the entire agreement between you and Foodware Express relating to use of the Foodware Express Sites, superseding any other agreement between you and Foodware Express with respect to the subject matter of these Terms. Section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Foodware Express concerning your use of the Foodware Express Sites.
14. Amendments
Foodware Express reserves the right, at its sole discretion, to revise, change, or modify the Terms and Foodware Express Privacy Policy at any time by updating this posting. Your continued use of the Foodware Express Sites following the posting of changes to these Terms or Privacy Policy signifies your acceptance of those changes. Therefore, you should check these Terms and Privacy Policy from time to time as you visit the Foodware Express Sites
15. Updates and Changes to Policies
Foodware Express may change its Terms from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms each time you access or use the Foodware Express Sites.
16. Contact Information
If you have questions regarding the Foodware Express Terms of Use, you may contact us at termsofuse@foodwareexpress.com. Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Foodware Express Sites, please notify Foodware Express immediately at termsofuse@foodwareexpress.com.
Effective September 21, 2021