REVISIONS TO THE TOU AGREEMENTFood Storage Mart may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the Food Storage Mart home tool. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this tool from time to time to view the most current TOU Agreement.
INTELLECTUAL PROPERTY RIGHTSThe Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software ("Content") are intended for your personal use. Food Storage Mart is the owner of the compilation of Content that is posted on the Site. However, Food Storage Mart may not necessarily own each component of the compilation. The Content that Food Storage Mart makes available on the Site may be owned by Food Storage Mart, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. Food Storage Mart endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, Food Storage Mart can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact us using the Contact Us form.All software used on the Services is the property of Food Storage Mart or our licensors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, Food Storage Mart hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of Food Storage Mart or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Food Storage Mart. All rights not expressly granted herein are reserved.
YOUR ACCOUNTIf you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Food Storage Mart may sell products made for children, but it is Food Storage Mart’s intention to only sell such products to adults. It is Food Storage Mart’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
AUTOMATED QUERIES ARE NOT ALLOWEDAutomated queries may never be sent by you to our Services unless Food Storage Mart has provided you with express written permission. “Sending automated queries” includes, among other things:
- using any software that sends queries to our Site to determine how a Website or Webtool “ranks” for various queries;
- "meta searching"; and
- performing "offline" searches on the Site.
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Food Storage Mart is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. Food Storage Mart may not control the Content posted or collected via the Services. Food Storage Mart does not guarantee the accuracy, integrity, or quality of such Content, nor does Food Storage Mart guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. Food Storage Mart is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to Food Storage Mart to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content. You agree to:
- only Use (or attempt to Use) the Services through interfaces provided by Food Storage Mart;
- comply with the instructions in any robots.txt file present on the Services;
- provide all equipment that is necessary to access the Services;
- protect the security of the password that you use to access the Services and immediately notify Food Storage Mart through our Contact Us form if you believe or have reason to believe that such security has been breached;
You agree to not use the Services to:
- engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm or threaten to harm users in any manner;
- harm or threaten to harm minors in any manner;
- stalk or harass any person or entity;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
- use the Services to advertise or perform any commercial solicitation;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
All items purchased through Food Storage Mart are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Food Storage Mart's tender of the item to the carrier.
- INTERNATIONAL USE. Recognizing the extensive nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- INDEMNITY. You agree to indemnify and hold Food Storage Mart and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.
- NO RESALE OF SERVICES. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Food Storage Mart in a separate agreement between you and Food Storage Mart.
- MODIFICATIONS TO SERVICE. Food Storage Mart may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in Food Storage Mart's sole discretion. You agree that Food Storage Mart shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.
- TERMINATION. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Food Storage Mart in a separate agreement between you and Food Storage Mart.
- ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that Food Storage Mart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
- LINKS. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Food Storage Mart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Food Storage Mart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.
YOUR USE OF THE SERVICES AND PRODUCTS ON THE SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, THE SERVICES AND PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, Food Storage Mart AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, Food Storage Mart AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR OTHER MATERIALS OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.
ANY MATERIAL OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM THE SERVICES (INCLUDING FROM ON THE SITE), INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND Food Storage Mart AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Food Storage Mart OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
NO THIRD PARTY BENEFICIARIESThis TOU Agreement is not enforceable by or for the benefit of any third party.
TRADEMARKSWithout Food Storage Mart's prior permission, you agree not to display or use in any manner the Food Storage Mart marks.
DMCA NOTICEIf you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the Designated Agent of Food Storage Mart identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright topic, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of infringement should be directed to the following Designated Agent of Food Storage Mart:
Food Storage Mart
Or e-mail us using our Contact Us form
If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
ELECTRONIC COMMUNICATIONSYou agree to receive communications from Food Storage Mart electronically. Food Storage Mart will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Food Storage Mart provides to you electronically satisfy any legal requirements that such communications be in writing.
ENTIRE AGREEMENTThis TOU Agreement constitutes the entire agreement between you and Food Storage Mart and governs your use of the Services, superseding any prior agreements between you and Food Storage Mart with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Food Storage Mart products and/or services, affiliate services, third party content, or products, or third party software.
CHOICE OF LAW AND FORUMThis TOU Agreement and the relationship between you and Food Storage Mart shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, excluding its conflict of law provisions. You and Food Storage Mart agree to submit to the personal and exclusive jurisdiction of the courts located within Arapahoe County, Colorado.
WAIVERThe failure of Food Storage Mart to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
SEVERABILITYIf any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
AUTOMATED QUERIES ARE NOT ALLOWEDYou agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
SECTION TITLEThe section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.
AUTOMATED QUERIES ARE NOT ALLOWEDPlease report any violations of this TOU Agreement to the following:
Food Storage Mart
Or e-mail us through our Contact Us form
LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT Food Storage Mart, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Food Storage Mart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
The effective date of this TOU agreement as modified is January 1, 2012.
(1) If your order has already shipped you may be liable for return shipping & handling and restocking fees. See the full policy for more information.
Document Last Updated: December 28th, 2016
For additional information, please contact our Support Team.