| Fun Food Depot Inc. Copyright Notice & Terms of Use Agreement |
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By accessing or using the FunFood-Depot Web site, you agree to the terms of the
Online Terms and Conditions Agreement, as outlined below. If you do not agree to
these terms, please do not access or use this site. We reserve the right to change the
Online Terms and Conditions from time to time at our sole discretion. Your use of this site
will be subject to the most current version of the Online Terms and Conditions
Agreement at the time of such use.
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| Copyright |
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All content included on this site, such as text, graphics, logos, button icons,
images and software, is the property of funfoodsdepot or its suppliers (collectively
herein called the "Content") and is protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement and assembly) of all content
on this site is the exclusive property of funfoodsdepot and is protected by U.S.
and international copyright laws. Any use, other than for the purposes specified above, including the
reproduction, modification, distribution, transmission, republication, display or performance, of
the content on this site is strictly prohibited. Users do not receive any copyright rights to the
Content.
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| Trademarks |
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All service marks, trademarks and trade names are proprietary to funfoodsdepot or
other respective owners that have either granted funfoodsdepot the right and license to
use such service marks, trademarks and trade names (collectively herein called the
"Marks"), or have reasonable knowledge that their Mark is being shown in association
with their respective product. Funfoodsdepot does not purport to claim any Mark
not expressly granted to it as its own. Users do not receive any trademark rights
to the Marks.
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| Disclaimer |
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THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE
PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, FUNFOODSDEPOT, INC. DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, FUNFOODSDEPOT, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
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| Indemnification |
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You hereby agree to indemnify and hold harmless funfoodsdepot from and
against any and all claims, charges, demands, damages, liabilities, losses,
expenses, and liabilities of whatever nature and howsoever arising
(including but not limited to any legal or other professional fees and the
costs of defending or prosecuting any claim and any loss of profit, goodwill,
and any other direct or consequential loss) incurred or suffered by
funfoodsdepot directly or indirectly by reason of any act or omission which
you commit in breach of these terms and conditions and the obligations and
warranties contained in them.
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| Order acceptance |
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The receipt of an email order confirmation does not constitute the acceptance
of an order or a confirmation of an offer to sell. funfoodsdepot reserves the
right, without prior notification, to limit the order quantity on any item and/or
refuse service to any customer. Verification of information may be required prior
to the acceptance of any order.
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| Pricing |
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All prices shown herein are not to be taken as final. Funfoodsdepot reserves the right
to modify the prices associated with the content at any time without notice.
These changes may reflect but do not specifically include discounts that are available from time
to time, modification due to electrical characteristics for non US countries, and
discontinued production items.
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| Independent Distributor |
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Funfoodsdepot is an independent distributor with no specific affiliation with any
manufacturers, wholesalers, resellers, distributors, purchasers, or customers who are
mentioned anywhere on this web site.
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| Applicable law |
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This site is created and controlled by funfoodsdepot in the State of Florida, USA.
As such, the laws of the State of Florida will govern these terms and conditions,
without giving effect to any principles or conflicts of laws. We reserve the right
to make changes to our site and these terms and conditions at any time. You should
periodically come back to this site to review whether or not these terms and conditions
have changed.
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| External sites |
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This site may contain links to other sites on the Internet that are owned and operated
by third-party vendors and other third parties (the "External Sites"). You acknowledge
that funfoodsdepot is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
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| Terms and Conditions of Sale |
| Fun Food Depot, Inc. hereinafter "Seller" and Buyer agree as follows: |
| Terms of Payment/Discount/Interest |
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Because the Seller in most cases has to special order the equipment or products from a
manufacturer it is agreed that unless different terms are provided in writing payments
shall be 50 % on orders of over US $7500.00 (Seven thousand five hundred US Dollars) and
the remainder prior to shipment of goods. For orders of less than US $7500.00 payment in full is
expected with order. Credit card payments may be a maximum of 20% of the total costs with the charge
on the card being made at the time of purchase. Buyer agrees to pay a late charge for any overdue amount of
principal or interest at the rate 1.5% per month.
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| Credit line |
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Seller does NOT usually grant payment terms or credit. If credit is allowed, the credit limit
for buyer is at the sole discretion of Seller. Credit limit increases must be requested and approved in writing.
Should Seller determinate Buyer's financial responsibility to be inadequate to support the requested credit, or
if buyer is past-due in payment of any amount owing to Seller, Seller may, without liability and without prejudice
to any other remedies, suspend its performance, defer further shipment or stop any work in progress until Seller
receives payment of all amounts, whether or not due, which are owing to Seller or until assurances satisfactory
to Seller, of such payment are received.
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| Credit Suspension |
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Seller reserves the right to suspend credit if the credit limit has been exceeded unless or until Buyer has requested
and been approved for and increased credit limit in writing. Seller reserves the right to place Buyer on a prepaid basis
without prior notification to Buyer, should any invoice remain past-due.
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| Limited Warranty |
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Seller's warranty in connection with any services performs, work done, or product furnished shall be limited to the sales
price of the merchandise and/or the services rendered in the invoice. There is no warranty representation or condition of
any kind, express or implied including no warranty of Merchantability or fitness of the goods for use contemplated by Buyer
and none shall implied by law, except that the GOODS SHALL BE IN ACCORDANCE WITH THE SELLER'S SPECIFICATIONS, and that the
limited warranty offered by the Seller shall be in accordance with the limited warranty as detailed in the warranty certificate
published by the Seller from time to time and which is available to the public at no charge.
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| Delivery |
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Deliveries will be made by Seller during regular working hours unless special arrangements are made. Unless a specific delivery
time is indicated on the invoice, Seller will use its efforts to deliver goods as soon as possible. Seller shall not be liable to
buyer for any damages claimed resulting from delay in delivery of the goods unless time of delivery is expressly stated to be of the essence.
In the event of delay in Seller's performance, resulting in whole or in part from causes beyond Seller's reasonable control, Seller shall
have such additional time to perform as may reasonably be necessary under the circumstances. Acceptance by Buyer of any work shall constitute
a waiver by Buyer for any claims for damages resulting from any delay in delivery of such work.
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| Seller's Liability |
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Seller shall not be liable and Buyer waives and relinquishes all claims against Seller for prospective profits or special, indirect or consequential
damages, whether or not based upon negligence, breach or warranty, strict liability in tort or any other cause of action. In any event shall damages
of any other recovery of any kind against Seller be greater in amount than the purchase price of the specific goods sold which caused the alleged loss,
damage or injury. Claims for defects, damages or shortages must be made by Buyer in writing within 15 days after receipt of goods. Seller's liability is
limited to replacement of damaged or missing goods. If Buyer fails to notify Seller within 15 days, such failure to notify shall constitute a waiver by
Buyer for such deficiency. Seller's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or
consequential damages.
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| Indemnification |
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Buyer shall indemnify and hold harmless Seller against any and all liability, losses, cost, and damages on account of any and all manner of claims, demands,
actions or proceedings instituted against Seller whether based on negligence, strict liability or breach of warranty.
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| Cancellation |
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Contracts may be canceled or modified only prior to Seller's commencement of goods procurement and/or manufacture, and only with written consent of
the responsible employee of Seller. Beyond commencement of goods procurement and/or manufacture cancellation of orders will require a re stoking
charge equal to 20% of the sale price of the goods involved. Buyer understands and agrees that all credit card transactions and final and are no
refundable or cancelable.
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| Freight |
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If Seller is to pay freight, Seller shall have the right initially to designate the means of transportation and routing and if Buyer requires a more expensive
means of transportation routing, Buyer shall pay any extra cost. Lift gate or inside deliveries are an optional extra.
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| Security for Payment |
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As security for payment of any sum owed or becoming due, Seller shall have the right, if necessary, to retain possession of and shall have a lien on all Buyer's
property in Seller's possession, including work in progress and finished goods. The extension of credit shall not affect such security interest.
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| Attorney's Fees/Costs |
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Whether or not suit is filed, Buyer agrees to pay all reasonable attorney's fees, costs of collection, costs and expenses incurred by Seller in connection with the
enforcement or collection of this Agreement. Buyer further agrees to pay all costs of suit and the sum adjudged as attorney's fees in any action to enforce payment
of these terms, or any part of it.
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| Entire Agreement/Miscellaneous |
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This instrument contains all the terms and conditions with respect to the sale and purchase of the material named herein, and no modification of these terms shall
be of any force unless such modification is reduced to writing and signed by our authorized representative. No modification, amendment, or waiver of any of the
provisions contained herein, or any future representation, promise, or condition, shall be binding unless made in writing and signed by a duly authorized officer
or agent of Seller. If any provision of this Note is determined to be void or cancelled, or for any reason unenforceable, such provision shall be deemed fully
severed from this agreement and the balance shall be given full force and effect in accordance with its terms.
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| Choice of Law/Forum |
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This agreement will be governed by and construed in accordance with the laws of the State of Florida. The parties hereby consent and submit to the jurisdiction of
the Superior or Municipal Court Of the County of Palm Beach, Florida, (depending on the jurisdictional limit, and the amount in controversy at the time the complaint
is filed) and expressly agree to such forum for the bringing of any suit, action or other proceeding arising out of their obligations hereunder, and expressly waive
any objection to venue in such courts.
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| Fun Food Depot Inc. is a Florida Corporation |
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And is duly licensed by the State of Florida and local authorities, to operate its business at
2910 NW. Commerce Park Drive, Boynton Beach, Florida 33426, USA
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| Privacy Policy |
| Your Privacy and what it means to us... |
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As our customer, you are the most valuable part of our business. We will strive
to make every reasonable effort to safeguard all your data that we collect. We do
not collect personal information about you unless you voluntarily provide it to us.
We collect, process and use personal information only for performing the relevant
service selected by you.
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| What we collect... |
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Until you decide to become a member on our site, we will collect NO information from you.
When you do become a member, we will only collect the information you give us in the
"new member registration" screen and your payment information when you decide to order
from us. No other information is collected from your computer.
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| How we collect it... |
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This web site uses a technology known as "cookies." A cookie is a piece of
information that is sent to your web browser from a web site and stored on
your computer's hard drive. Each time you return to our site, we are able to identify
you as a previous or registered customer. We do not look for, nor do we collect
any information that is not used by the web site to benefit you.
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| What we do with it... |
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Your personal information will not be sold, shared, given, entrusted, or loaned to a third
party unless we ask for and receive express confirmation by you. The information that
we collect is used to provide the service or product requested; to enable billing and
shipping; to provide you with information about related products and services;
to improve our Web site, for development of new products and services; and for
systems administration and troubleshooting purposes. You may access, review,
and change nearly all the information we collect from you through the "membership
information" section on our web site.
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