SECTION 1 – GENERAL TERMS
These Terms of Service apply to the use of the services of The Food Group Inc. (“Company”). These services include our websites as well as the capability to communicate with us and place orders by email or telephone. The terms “we”, “us” and “our” refer to the Company. We offer the services (“Services”) of our Company to you only if you are 18 years of age or older and if you agree to these Terms of Service. Please read these Terms of Service carefully before accessing or using our Services. By visiting and using our Services, you warrant and represent that you meet all of the foregoing eligibility requirements and agree to be bound by these terms and conditions, including those, such as our Privacy Notice, referenced or linked herein.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. These Terms of Service are an offer, and acceptance is expressly limited to these Terms of Service.
We may revise and update these Terms of Service from time-to-time in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Services thereafter. It is your responsibility to check this page periodically for changes and you agree that your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
By placing an order using our Services, you warrant and represent that you have capacity to form a binding contract with us because (1) you are at least the age of majority in your state or province of residence or (2) you have been granted such capacity by court order, operation of law, or other legal act.
In our discretion, a breach or violation of any of these Terms of Service may result in an immediate termination of your Services, and, in any event, we reserve the right to refuse service to anyone for any reason at any time.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
You agree that your communications with the Service, except for credit card information, may involve unencrypted transmissions over public networks.
SECTION 2 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The information presented on or through the Service made available solely for general information purposes. We do not warrant its accuracy, completeness, usefulness, or suitability for any purpose. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Occasionally, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. You agree that we may correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service, including without limitation, pricing information, except as required by law.
The Service may include content provided by third parties, including materials provided by other users. Such content and materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any such content and materials.
SECTION 3 – PRODUCTS, PRICES, AVAILABILITY, AND PICKUPS
When you place an order, we use reasonable efforts to ensure your order is available at the pickup location you designated in your order form. Check your confirmation email to confirm the pickup location. You can cancel an existing order at any time up until 48 hours before your sale date by calling 763.450.3880 or emailing [email protected]. You may specify an alternate pickup person by name in your order form. From time-to-time, products you order may be unavailable; in that event, we will make a reasonable effort to substitute the closest product. Your order will include an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can ensure your satisfaction.
In the case where you fail to pay for the products ordered, your order will be canceled and you shall lose any right, title, or interest you may have had in the products. In addition, if you do not pick up your purchase within 5 business days, the purchased goods will be distributed as we deem most appropriate in the interest of furthering our mission.
We reserve the right to change the cost of products at any time prior to sale. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made using the Services is void where legally prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 4 – OWNERSHIP AND INTELLECTUAL PROPERTY
By using our Services, you shall not acquire any ownership interest in any of the content in the Services. All content, including any trademarks, included in the Services is and shall continue to be the property of the Company or the licensor and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement. The Company grants you a limited, revocable, non-exclusive license to use the Service and the content therein; this license may not be used for republication, distribution, assignment, sublicense, sale, or preparation of derivative works.
SECTION 5 – THIRD-PARTY TOOLS AND LINKS
We may provide you with access to third-party tools and materials over which we neither monitor, nor have any control, nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties’, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You agree that your use of optional tools in the Service is entirely at your own risk. We recommend that you familiarize yourself with and approve of the terms on which tools are provided by the relevant third-party providers.
Moreover, links in the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, use them in any medium any comments that you forward to us. You agree that we shall have no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content for any reason. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could, in any way, affect the operation of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. Moreover, you acknowledge that customer reviews and comments are not attributable to us. To the extent that a customer review or comment claims that any of our products provide a specific health benefit, such reviews or comments are exclusively the option of the customer and have not been verified by our testing, research, or studies except unless we explicitly so note in the Service.
SECTION 7 – PERSONAL INFORMATION
We process personal information in our Services as explained in our Privacy Notice. Click here for our Privacy Notice.
SECTION 8 – PROHIBITED USES
You agree you will not use our Services for any illegal or unauthorized purpose nor may you violate any applicable laws, particularly including intellectual property laws, in your use of the Service.
You also agree not transmit any malicious or destructive code, such as worms or viruses.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) in any manner intended to interfere with or circumvent the security features of the Service, other websites, or other services or devices on the Internet; k) disseminate or transmit unsolicited messages; or (l) create a false identity or otherwise attempt to mislead the Company or any person as to the identity or origin of any communication.
SECTION 9 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND TIMELINESS OF CLAIMS
We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. You agree that from time-to-time we may interrupt the service for indefinite periods-of-time or cancel the service at any time, without notice to you. You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we (including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. Moreover, you agree that all use of the Service shall be at your own risk. We shall have no liability for (1) any injury, loss, or claim for any interruption, suspension, or disruption of the Service; (2) any errors or inaccuracies in the content available from the Service; (3) personal injury or property damages resulting from your use of the Service or the data contained therein; or (4) malware which may be transmitted using the Service by a third party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
Any cause of action or claim you may have arisen out of or relating to these Terms of Service must be commenced within 1 year after the cause of action accrues; otherwise, you agree that such cause of action or claim shall be permanently barred.
We shall not be liable for failure to perform occasioned by an event outside of our reasonable control (a “Force Majeure” event) including: strikes, lockouts, labor difficulties, riots, inability or difficulty in obtaining or procuring supplies, labor, or transportation, fires, storms, floods, earthquakes, explosions, pandemics, accidents, acts of God, interference by civil or military authorities, whether legal or de facto, acts of the public enemy, war, rebellion, insurrection, sabotage, embargoes, trade wars, or orders given by public authority.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless, along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service (including the documents they incorporate by reference), or your violation of any law or the rights of any third party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.
SECTION 12 – ENTIRE AGREEMENT
These Terms of Service, including any materials incorporated by reference, constitute the entire agreement between us. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 13 – GOVERNING LAW
These Terms of Service and any dispute thereunder shall be governed by and construed in accordance with the laws of the State of Minnesota without applying Minnesota choice-of-law rules. You agree that any claim or dispute with us shall be resolved in the federal or state courts within Hennepin County, Minnesota and you further expressly consent and agree to the exercise of personal jurisdiction by such state and federal courts sitting in connection with any such dispute. You also waive any objection to the resolution of any dispute between us in such courts on the basis of improper venue or forum non conveniens. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
SECTION 14 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].