Terms and Conditions of Use
FUSIONS TASTER’S CHOICE TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
Fusions Taster’s Choice provide a collection of online resources and various products and services, (referred to hereafter as "the Service") subject to the following Terms and Conditions of Use ("TCU"). By using the Service in any way, you are agreeing to comply with the TCU. In addition, when using particular services of Fusions Taster’s Choice, you agree to abide by any applicable posted guidelines for all services of Fusions Taster’s Choice, which may change from time to time.
Should you object to any term or condition of the TCU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Fusions Taster’s Choice in any way, your only recourse is to immediately discontinue use of Fusions Taster’s Choice.
Fusions Taster’s Choice has the right, but is not obligated, to strictly enforce the TCU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Fusions Taster’s Choice does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Fusions Taster’s Choice site and Content available through the Service may contain links to other websites, which are completely independent of Fusions Taster’s Choice. Fusions Taster’s Choice makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Fusions Taster’s Choice be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Fusions Taster’s Choice does not pre-screen or approve Content, but that Fusions Taster’s Choice shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Service, for violating the letter or spirit of the TCU or for any other reason.
You agree that Fusions Taster’s Choice shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Fusions Taster’s Choice is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fusions Taster’s Choice, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
4. PRIVACY AND INFORMATION DISCLOSURE
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk. We urge you to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates federal, state, or local laws;
e) that impersonates any person or entity, including, but not limited to, an employee of Fusions Taster’s Choice, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, not informative, or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
Additionally, you agree not to:
n) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
o) post the same item or service in more than one classified category or forum;
p) attempt to gain unauthorized access to Fusions Taster’s Choice's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service, of Fusions Taster’s Choice site; or
q) use any form of automated device or computer program that enables the submission of postings on Fusions Taster’s Choice site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
6. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Fusions Taster’s Choice. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Fusions Taster’s Choice, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell , or exploit for any commercial purposes, any aspect of the Service.
Although Fusions Taster’s Choice does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Fusions Taster’s Choice an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Fusions Taster’s Choice all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF FUSIONS TASTER’S CHOICE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. FUSIONS TASTER’S CHOICE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FUSIONS TASTER’S CHOICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF FUSIONS TASTER’S CHOICE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FUSIONS TASTER’S CHOICE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON FUSIONS TASTER’S CHOICE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON FUSIONS TASTER’S CHOICE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FUSIONS TASTER’S CHOICE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH FUSIONS TASTER’S CHOICE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
In addition, Fusions Taster’s Choice tries to represent colors of products such as oils, vinegars, labels, and shrink wrap capsules as accurately as possible, but you acknowledge that colors may vary on different computer screens and mobile devices.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FUSIONS TASTER’S CHOICE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF FUSIONS TASTER’S CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF FUSIONS TASTER’S CHOICE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF FUSIONS TASTER’S CHOICE SITE OR THE SERVICE, FROM INABILITY TO USE FUSIONS TASTER’S CHOICE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF FUSIONS TASTER’S CHOICE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH FUSIONS TASTER’S CHOICE SITE OR THE SERVICE OR ANY LINKS ON FUSIONS TASTER’S CHOICE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH FUSIONS TASTER’S CHOICE SITE OR THE SERVICE OR ANY LINKS ON FUSIONS TASTER’S CHOICE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Fusions Taster’s Choice, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TCU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Please note that there are penalties for false claims under the DMCA.
We accept payment via Visa, Mastercard, Diners, and most cards thru Stripes, which is the processing provider for payments via this online store and Go Daddy, as the service provider. We do not accept cash payments.
14. SHIPPING AND RETURNS OF OUR PRODUCTS
Some of the items sold on this site are sold directly by Fusions Taster’s Choice or a directly affiliated company. Our shipping and processing fees are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. Orders usually ship within three business days. The items purchased from our site are shipped by a third party carrier pursuant to a shipment contract. As a result, insurance is taken on each shipment and will contain the minimum, unless more is requested by you, the purchaser.
If you are not satisfied with a product, you may ship it back (with the exception of food and Premium Labels) at your cost via UPS, and you will be refunded the purchase amount minus a 10% processing fee. If a product is defective, we may pay for shipping on the return and either replace the item at no cost or provide a full refund at our discretion. Please see our Refund Policy for details. Fusions Taster’s Choice cannot accept returns of any food items opened or unopened. If you are unsure of which oil or vinegar you would like to purchase, please consider ordering some of our samples.
15. PRODUCT INFORMATION
Some products displayed on our Web Site are available in gourmet food, and other stores. The prices displayed on Fusions Taster’s Choice site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
16. GENERAL INFORMATION
The TCU constitute the entire agreement between you and Fusions Taster’s Choice and govern your use of the Service, superseding any prior agreements between you and Fusions Taster’s Choice. You and Fusions Taster’s Choice agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle, in the state of Deleware. The failure of Fusions Taster’s Choice to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You 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 Service or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We welcome your questions and comments on this document or any aspect of the site. You may contact us by email or write to us at Fusions Taster’s Choice, 3629 A Silverside Road, Wilmington, DE 19810.