User Agreement

• Welcome to Foodoro.com (the “Site”) and our selling services (the “Services”). Foodoro provides these Services to you subject to the following conditions (the “User Agreement”). Accessing, browsing or shopping at Foodoro.com indicates that you accept these conditions. Please read these terms carefully before proceeding.

• Foodoro, Inc., a Delaware corporation (“Foodoro”) reserves the right to change any of the terms and conditions at any time and in its sole discretion. Changes to the User Agreement and referenced policies and guidelines may be posted without notice to you.
• Your continued use of our Site and Services following Foodoro’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.

• Please see our Privacy Policy to understand our practices.

• You represent and warrant that you are at least 18 years old or visiting the Site with approval by, and under the supervision of, a parent or guardian.
• Foodoro may assign you a password and account identification to enable you to use and access certain portions and features of this Site. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site. Foodoro reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion.

• Subject to the terms and conditions of this Agreement, Foodoro hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content and/or shopping for items sold on the Site. Users may not use the Site for any commercial use or use on behalf of any third party, unless explicitly permitted to do so by Foodoro.
• Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Foodoro.
• You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
• Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

• Foodoro provides links to the sites of affiliated companies, individuals and other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Foodoro does not assume any responsibility or liability for the actions, products, and content of any such parties or any other third parties. You should carefully review their respective privacy statements and other conditions of use.

• Users shall not use our graphics, logos, content, appearance, design, functionality and all other aspects of the Site and the Services in any manner that could cause confusion or disparages or discredits Foodoro.
• 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 Foodoro 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 Foodoro and protected by U.S. and international copyright laws.

• Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide Foodoro (the “Submissions”), is and will be treated as nonconfidential and nonproprietary, and you grant Foodoro a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by Foodoro on the Site.
• In addition, when you post Submissions to the Site, you also grant Foodoro the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by Foodoro will not infringe upon or violate the rights of any third party.
• You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Foodoro, our affiliates or third parties as to the origin of any Submissions. Foodoro has the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.

• Please see Shipping, Returns & Security.

• All items purchased from Foodoro are made pursuant to a separate shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We recommend that you purchase shipping insurance in connection with your purchases through the Site.

• If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our affiliates, Foodoro has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been canceled or refused after a credit card has been charged for the purchase, Foodoro will issue an immediate and full refund for the transaction amount to the credit card charged.

• The Site, the Services and the items purchased by you are provided on an “as is” basis. Foodoro makes no other representations or warranties of any kind, express, implied or statutory. Foodoro, and its subsidiaries, affiliates officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.In addition, no advice or information (oral or written) obtained by you from Foodoro shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, FOODORO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED FROM MERCHANTS THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES. Such disclaimer shall include, without limitation, mislabeling of products and/or ingredients. In any such situation, your sole recourse shall be against the merchant who supplied you with the product through Foodoro’s Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
• Foodoro will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the User Agreement, the Site, the Services, the inability to use the Services, or those resulting from any items or Services purchased or obtained or messages received or transactions entered into in connection with the Services.
• You agree to indemnify and hold Foodoro and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of your breach of this User Agreement (and the documents it incorporates by reference), your own use of the Services, or your violation of any law or the rights of a third party.

• You warrant to Foodoro that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions.
• You warrant to Foodoro that you will properly investigate whether the ingredients of a particular product are suitable for you directly with the Foodmaker.

• Foodoro has the right to immediately terminate this User Agreement and may, without prior notice to you, immediately revoke any or all of your rights granted under this Agreement, all without liability to Foodoro. Upon any termination of this User Agreement, you shall immediately cease all access to and use of the Site and Foodoro shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this User Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

• The laws of the state of California govern this User Agreement, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Foodoro or its affiliates relating in any way to these terms and conditions or your use of the Services shall be adjudicated in any state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts.

• If you believe that any content on the Site may give rise to copyright infringement, please provide Foodoro with the written information specified below.
• 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 item name, 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.
• Please send notices to feedback@foodoro.com

• You can contact Foodoro at support@foodoro.com
• Our mailing address is: