Terms and Conditions
INTRODUCTION
This
Agreement contains the complete terms and conditions that apply to you
in joining, buying and all activities you will
make in our website. By using or shopping from this Web site, you agree
to be bound by its terms of use and shall comply thereof. This
Agreement describes and encompasses the entire agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content and computer programs provided by or through the Site, and
the subject matter of this Agreement. Amendments to this agreement can
be made and effected by us from time to time without specific notice to
you end. Agreement posted on the Site reflects the latest agreement and
you should carefully review the same before you use our site.
Payments AND PROCESSES OF INVIOCES
FMDiNiNG.com has the
sole discretion to provide the terms of payment. Unless otherwise
agreed, payment must first be received by FMDiNiNG.com prior to the
latter’s acceptance of an order. Unless credit term has been agreed
upon, payment for the products shall be made by credit card, paypal or
wire transfers. Invoices are due and payable within the time period
noted on your invoice, measured from the date of the invoice. An order
may be invoice separately. FMDiNiNG.com has all the discretion to
cancel or deny orders. FMDiNiNG.com is not responsible for pricing,
typographical, or other errors in any offer by FMDiNiNG.com and reserves
the right to cancel any orders arising from such errors. Invoices must
be paid within 15 days of the invoice date. For all but consumer
purchases, FMDiNiNG.com reserves the right to charge you a late penalty
charge of 1% per month applied against undisputed overdue amounts or the
maximum rate permitted by law whichever is less. Every 30 days
thereafter, you will continue to be charged an additional late penalty
charge.
Refund Policy
We
do not have to provide a refund if you have changed your mind about a
particular purchase, so please choose carefully. If the goods are
faulty, we will meet our obligations under the applicable laws.
RISK OF LOSS
All
items purchased from our website are made pursuant to a shipment
contract. The risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The
List Price displayed for products on our website represents the full
retail price listed on the product itself, suggested by the manufacturer
or supplier, or estimated in accordance with standard industry
practice; or the estimated retail value for a comparably featured item
offered elsewhere. The List Price is a comparative price estimate and
may or may not represent the prevailing price in every area on any
particular day. For certain items that are offered as a set, the List
Price may represent "open-stock" prices, which means the aggregate of
the manufacturer's estimated or suggested retail price for each of the
items included in the set. Where an item is offered for sale by one of
our merchants, the List Price may be provided by the merchant. In cases
of mispriced in our catalogs in which the item's correct price is higher
than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of
such cancellation.
We
do not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a product
offered in our website is not as described, your sole remedy is to
return it in unused condition.
Editing, Deleting and Modification
We
may edit, delete or modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by posting a
notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN
OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You
hereby acknowledge that all rights, titles and interests, including but
not limited to rights covered by the Intellectual Property Rights, in
and to the site, and that You will not acquire any right, title, or
interest in or to the Program except as expressly set forth in this
Agreement. You will not modify, adapt, translate, prepare derivative
works from, decompile, reverse engineer, disassemble or otherwise
attempt to derive source code from any of our services, software, or
documentation, or create or attempt to create a substitute or similar
service or product through use of or access to the Program or
proprietary information related thereto.
Fraud
FRAUDULENT
ACTIVITIES are highly monitored in our site and if fraud is detected
FMDiNiNG.com shall resort al remedies available to us, and you shall be
responsible for all costs and legal fees arising from these fraudulent
activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We
will not be liable for indirect, special, or consequential damages, or
any loss of revenue, profits, or data, arising in connection with this
Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed USD2,000
or the total price of the subject products paid or payable to you
whichever is less.
We
make no express or implied warranties or representations with respect
to the Program or any products sold and offered in our website
(including, without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors. This site and its information, contents,
materials, products and services are provided on an “as is” and “as
available” basis. You and understand and agree that your use of this
site is at your own risk.
Confidentiality
You
agree not to disclose information you obtain from us and or from our
clients, advertisers and suppliers. All information submitted to by an
end-user customer pursuant to a Program is proprietary information of
FMDiNiNG.com. Such customer information is confidential and may not be
disclosed. Publisher agrees not to reproduce, disseminate, sell,
distribute or commercially exploit any such proprietary information in
any manner.
NON-WAIVER
Failure of the
FMDiNiNG.com to insist upon strict performance of any of the terms,
conditions and covenants hereof shall not be deemed a relinquishment or
waiver of any rights or remedy that the we may have, nor shall it be
construed as a waiver of any subsequent breach of the terms, conditions
or covenants hereof, which terms, conditions and covenants shall
continue to be in full force and effect.
No waiver by either
party of any breach of any provision hereof shall be deemed a waiver of
any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall
be governed by and construed in accordance with the substantive laws of
Fargo, ND, without any reference to conflict-of-laws principles.
Any dispute,
controversy or difference which may arise between the parties out of, in
relation to or in connection with this Agreement is hereby irrevocably
submitted to the exclusive jurisdiction of the courts of Fargo, ND, to
the exclusion of any other courts without giving effect to its conflict
of laws provisions or your actual state or country of residence.
The entire agreement
between the parties with respect to the subject matter hereof is
embodied on this agreement and no other agreement relative hereto shall
bind either party herein.
Your rights of
whatever nature cannot be assigned nor transferred to anybody, and any
such attempt may result in termination of this Agreement, without
liability to us. However, we may assign this Agreement to any person at
any time without notice.
In the event that any
provision of these Terms and Conditions is found invalid or
unenforceable pursuant to any judicial decree or decision, such
provision shall be deemed to apply only to the maximum extent permitted
by law, and the remainder of these Terms and Conditions shall remain
valid and enforceable according to its terms.
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