Welcome to the FineFoodCreations website (the "Website"). The Website is an Internet property of
FineFoodCreations ("FineFoodCreations," "we" or "us"). By using and/or accessing the Website, you are
agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement").
This Agreement is inclusive of any operating rules, policies, price schedules or other supplemental
terms and conditions or documents expressly incorporated herein by reference and/or published from
time to time. Please review the following terms of this Agreement carefully. If you do not agree
to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Agreement with respect to your use of the
Website. This Agreement constitutes the entire and only agreement between you and FineFoodCreations
with respect to your use of the Website, and supersedes all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect to the Website. We may amend this
Agreement from time to time in our sole discretion, without specific notice to you. The latest
Agreement will be posted on the Website, and you should review this Agreement prior to using the
Website. By your continued use of the Website, you hereby agree to all the terms and conditions
contained within the Agreement effective at that time. Therefore, you should regularly check this
page for updates and/or changes.
2. Requirements.
The Website is available only to individuals who can enter into legally binding contracts under
applicable law. The Website is not intended for use by individuals under the age of eighteen (18).
If you are under the age of eighteen (18), you do not have permission to use and/or access the Website.
3. Description of FineFoodCreations Service.
By registering on the Website, you can apply for travel services as offered by FineFoodCreations.
We may contact you about our travel services ("FineFoodCreations Services") by electronic mail, postal
mail, or telephone. Unless explicitly stated otherwise, any future offer(s) made available to you
on the Website that augments or otherwise enhances the current features of the Website shall be
subject to this Agreement. You understand and agree that FineFoodCreations is not responsible or
liable in any manner whatsoever for your inability to use FineFoodCreations sponsored products and/or
services or any associated functionality. You understand and agree that FineFoodCreations shall not be
liable to you or any third party for any modification, suspension or discontinuation of FineFoodCreations
services. This Agreement only governs your use of the Website. To access the FineFoodCreations Privacy
Policy Click Here.
4. Registration/Account.
To obtain travel related information from FineFoodCreations and/or information on the Services, where
applicable, through the Website, you must first submit your registration information to FineFoodCreations.
FineFoodCreations reserves the right, in its sole discretion, to deny any FineFoodCreations sponsored
product and/or service to anyone and for any reason, whatsoever as permitted by law. FineFoodCreations
reserves the right, in its sole discretion, to deny a FineFoodCreations sponsored product and/or service
to anyone in accordance with governing state and federal laws and regulations. The registration data
that you must supply on the Website in order to obtain Services and/or other FineFoodCreations sponsored
products and services includes, without limitation, your full name, e-mail address, mailing address,
telephone and cellular telephone numbers (collectively, "Registration Data"). You agree to provide
true, accurate, current and complete Registration Data and to update your Registration Data as
necessary to maintain it in an up to date and accurate fashion. FineFoodCreations will verify and
approve all registrants in accordance with its standard verification procedures. Once you have
submitted your Registration Data on the Website, FineFoodCreations will review the submission and
send a confirmation e-mail to you. Where FineFoodCreations determines, in its sole discretion, that
your registration is incomplete or otherwise unsatisfactory, FineFoodCreations may direct you in the
confirmation e-mail to call the enclosed customer service number in order to correct any applicable
problem(s) with your registration.
5. License Grant.
As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited
license to access and use the Website and associated Website content in accordance with this
Agreement. FineFoodCreations may terminate this license at any time for any reason. You may use the
Website on one computer for your own personal, non-commercial use. No part of the Website may be
reproduced in any form or incorporated into any information retrieval system, electronic or
mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble,
reverse engineer or transfer the Website, Website content or any portion thereof. FineFoodCreations
reserves any rights not explicitly granted in this Agreement. You may not use any device, software
or routine to interfere or attempt to interfere with the proper working of the Website. You may not
take any action that imposes an unreasonable or disproportionately large load on FineFoodCreations
infrastructure. Your right to use the Website is not transferable.
6. Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion,
software, services and other matters related to the FineFoodCreations Services and the Website are
protected under applicable copyrights, trademarks and other proprietary (including, but not limited
to, intellectual property) rights. The copying, redistribution or publication by you of any part of
the FineFoodCreations Services and/or Website is strictly prohibited. You do not acquire ownership
rights to any content, document, software, services or other materials viewed at or through the
Website. The posting of information or material at the Website by FineFoodCreations does not constitute
a waiver of any right in such information and materials.
7. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any documents, information or
other content appearing on the Website.
8. Indemnification.
You agree to indemnify and hold FineFoodCreations, its parents, subsidiaries and affiliates, and
each of their respective members, officers, directors, employees, agents, co-branders
9. Disclaimer of Warranties.
THE WEBSITE AND/OR ANY SERVICES THAT YOU MAY RECEIVE FROM FineFoodCreations ARE PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FineFoodCreations MAKES NO WARRANTY
THAT: (A) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE AND/OR SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES AND/OR WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF
THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM FineFoodCreations OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FineFoodCreations SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
FineFoodCreations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE
BY LAW FOR: (A) THE USE OR THE INABILITY TO USE FineFoodCreations OR AFFILIATED SERVICE PROVIDER PRODUCT
AND/OR SERVICE; (B) THE FAILURE TO QUALIFY FOR ANY OF THE FineFoodCreations PRODUCTS AND/OR SERVICES;
(C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION
DATA; (E) ANY MATTER RELATING TO ANY FineFoodCreations PRODUCTS AND/OR SERVICES; AND (D) ANY OTHER MATTER
RELATING TO THE OTHER PRODUCTS AND/OR SERVICES MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE
ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED
TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY
AND ALL OTHER TORTS. YOU HEREBY RELEASE FineFoodCreations, AND ITS SUPPLIERS, FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE
LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FineFoodCreations TO YOU UNDER ANY AND
ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE FineFoodCreations. YOU HEREBY
RELEASE FineFoodCreations FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FineFoodCreations. THIS WEBSITE AND/OR THE SERVICES
WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. Third Party Websites.
The Website may provide, and/or third parties may provide, links to other Internet websites and/or
resources. Because FineFoodCreations has no control over such third party websites and/or resources,
you hereby acknowledge and agree that FineFoodCreations is not responsible for the availability of such
third party websites and/or resources. Furthermore, FineFoodCreations does not endorse, and is not
responsible or liable for, any terms and conditions, privacy policies, content, advertising,
services, products and/or other materials at or available from such third party websites or
resources, or for any damages and/or losses arising therefrom.
12. Legal Warning.
Any attempt by any individual, whether or not an FineFoodCreations customer, to damage, destroy,
tamper with, vandalize and/or otherwise interfere with the operation of this Website, is a
violation of criminal and civil law and FineFoodCreations will diligently pursue any and all remedies
in this regard against any offending individual or entity to the fullest extent permissible by
law and in equity.
13. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in New York, New York
and shall be governed by and construed in accordance with the laws of the State of New York
(without regard to its conflict of law principles). You agree that the exclusive jurisdiction
and venue of any action with respect to the Agreement shall be in the State and federal courts
located in the County of New York, State of New York. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. This Agreement is personal between you
and FineFoodCreations and governs your use of the Website and/or any FineFoodCreations service, superseding
any and all prior and/or contemporaneous agreements between you and FineFoodCreations. To the extent
that anything in or associated with the Website and/or any FineFoodCreations service is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. The parties do not intend that any agency or partnership relationship
be created through operation of this Agreement.
14. Customer Service.
If you have any questions, please call (516) 908-7990.
AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES AT THE WEBSITE, YOU REPRESENT AND
WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.