Terms and Conditions
Welcome to Foodform.com. Foodform.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Foodform.com, you accept these conditions. THESE CONDITIONS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING FOODFORM.COM. PLEASE READ THEM CAREFULLY BEFORE YOU USE FOODFORM.COM. In addition, when you use any current or future Foodform.com service, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Last updated: February 20, 2007
ACCEPTANCE OF TERMS
Foodform.com, including all site-related content and services (collectively, the “Site”) is provided by IntraCell Nutrition Inc. (”IntraCell,” “we,” “us”). Your use of the Site is subject to your compliance with the terms and conditions set forth in this Conditions of Use agreement (”Conditions of Use”), which supplement any additional guidelines or other terms posted by IntraCell in relation to specific site-related services or content.
We reserve the right to update or modify the Conditions of Use without advance notice by posting a revised Conditions of Use to this website. Visitors to the Site (”you,” or “Visitors”) can determine whether the Conditions of Use has been modified since your last visit by checking the “Last updated” legend at the top of the Agreement. By using the Site, you agree to be bound by the version of the Conditions of Use then in effect. IntraCell may deny service to you at any time, including in the event you do not adhere to the Conditions of Use.
Please review our Privacy Notice, which also governs your visit to Foodform.com, to understand our practices.
When you visit Foodform.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of IntraCell or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of IntraCell and protected by U.S. and international copyright laws. All software used on this site is the property of IntraCell or its software suppliers and protected by United States and international copyright laws.
INTRACEL, FOODFORM, SWIRL DESIGN, MANNA, TRIATHLON, EMPOWER, BONE NOURISHER, BRAIN NOURISHER, THE MOTHER OF ALL ANTIOXIDANTS, GOOD TO GO, YOUTH FX, and other Foodform.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of IntraCell or its affiliates in the U.S. and/or other countries. IntraCell's trademarks and trade dress may not be used in connection with any product or service that is not IntraCell's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IntraCell. All other trademarks not owned by Intracell or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IntraCell or its affiliates.
LICENSE AND SITE ACCESS
IntraCell grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IntraCell. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IntraCell. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IntraCell and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing IntraCell's name or trademarks without the express written consent of IntraCell. Any unauthorized use terminates the permission or license granted by IntraCell. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Foodform.com so long as the link does not portray IntraCell, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IntraCell logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Foodform.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Foodform.com only with involvement of a parent or guardian. Amazon.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. IntraCell reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant IntraCell and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IntraCell and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IntraCell or its affiliates for all claims resulting from content you supply. IntraCell has the right but not the obligation to monitor and edit or remove any activity or content. IntraCell takes no responsibility and assumes no liability for any content posted by you or any third party.
IntraCell and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (see below).
RISK OF LOSS
All items purchased from IntraCell are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
IntraCell and its affiliates attempt to be as accurate as possible. However, IntraCell does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Foodform.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, 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.
With respect to items sold by Foodform.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY INTRACELL NUTRITION INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTRACELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INTRACELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTRACELL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FOODFORM.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTRACELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Foodform.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and IntraCell or its affiliates.
Any dispute relating in any way to your visit to Foodform.com or to products you purchase through Foodform.com shall be submitted to confidential arbitration in Hackensack, New Jersey, except that, to the extent you have in any manner violated or threatened to violate IntraCell's intellectual property rights, IntraCell may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Foodform.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
IntraCell Nutrition Inc.
P.O. Box 883
Chestnut Ridge, New York 10952
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IntraCell's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying IntraCell and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
IntraCell's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
IntraCell Nutrition Inc.
Foodform.com Legal Department
P.O. Box 883
Chestnut Ridge, New York 10952
Phone: (201) 441-9317
fax: (201) 441-9316