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ON Food’s Terms & Conditions

By registering for or using this website (collectively, including all content, applications and other features and functionality available through the onfood.com domain name or other ON Food-branded urls, the “Site”), you agree to these Terms and Conditions and any posted ON Food policies and guidelines applicable to the Site, including without limitation the ON Food Privacy Policy, found at http://www.onfood.com/privacy-policy (collectively the “Agreement”). Each time you use the Site, you reaffirm your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you may discontinue using the Site. You cannot register or use the Site until you have accepted this Agreement, and this Agreement applies to you whether you have registered with the Site or whether you use the Site without being registered.

ON Food Inc. ("ON Food") may change this Agreement at any time and in its sole discretion. The modified Agreement will be effective immediately upon posting and you agree to the new posted Agreement by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Agreement, your only remedy is to discontinue using the Site.

 Return and refund policy

Our goal is that you are completely satisfied with your online ON Food purchase. We take pride in the quality of the products we sell and offering great customer service is our top priority. That is why we offer a 100% Satisfaction Guarantee. If you are not completely satisfied with your online purchase, we will return your products free of charge and refund you 100% of your purchase price, no questions asked.

Please follow the guidelines detailed below and we will be happy to help you to return your purchase.
Click on our contact form and fill out the data field, please be kind to include your purchase number (see your purchasing order we sent you via email). An ON Food representative will contact you shortly to assist you with your refund and explain how and where to return your purchased products.
When we have received the products we will send you a check refunding 100% of your purchase price.

Shipping policy

ON Food is shipping your product free of charge with Fed Ex Ground to your chosen location in the United States. We do not currently ship outside the United States.
If your order is placed before 3PM, your product will be shipped out the same day with Fed Ex Ground from our warehouse in Ontario, California and delivered to your chosen location within 1 to 5 days depending on your delivery location in the United States.

When you place your order online, you will receive a confirmation email from ON Food with your Fed Ex Ground tracking number.
To track your shipment, please go to www.fedex.com/Tracking and type in your tracking number. For more information on Fed Ex Ground shipping policy please visit www.fedex.com/us/service-guide/terms/index.html

If you do not receive your purchased product with Fed Ex Ground, please call us on 1(800) 411-6636 or use our contact form and an ON Food representative will assist you shortly.

Eligibility and Registration

By using the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept this Agreement and to use the Site in accordance with this Agreement.  In any event you affirm that you are over the age of 13 years old, as this Site is not intended for children under 13.  If you do not meet the foregoing requirements, you many not use the Site. You may register with the Site.  As part of the registration process, you may be required to provide information to ON Food.  The information you provide in the registration process is referred to as “Registration Data”.  You agree that all Registration Data you provide to ON Food will be and will remain accurate, current and complete and you agree to update this information to keep it accurate, current and complete.  You are solely responsible for maintaining the confidentiality of your username or password for your account.  If you become aware of any unauthorized use of your username, password or account, you agree to notify ON Food immediately at feedback@onfood.com. You are solely responsible to ON Food for all activities that occur under your registered account.

Privacy

Registration Data and certain other information about you are subject to ON Food’s Privacy Policy.  You understand that through your use of the Site, you consent to the collection, storage and use of this information in accordance with the Privacy Policy.  This may include the transfer of this information to the United States and other countries for storage, processing and use by ON Food and its service providers with whom it may be necessary to share such information for the purpose of providing and maintaining the Site.

Content Posted By You

Content posted by you includes, but is not limited to, posting on ON Food's bulletin boards, social media pages, chat rooms, and user blogs. The Site contains various pages where you and other members may post content. You may only post content to the Site that you created or with respect to which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates this Agreement. By posting or distributing content to these sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

By submitting or posting content to the Site, you grant ON Food its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the Site, ON Food does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. ON Food owns all right, title, and interest in any compilation, collective work or other derivative work created by ON Food using or incorporating content posted to these sites. For more information please review ON Food's Privacy Policy.

You should carefully choose the information you post on the Site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter.  ON Food does not plan to pre-screen content for appropriateness, but ON Food reserves the right to pre-screen, filter, modify, refuse or remove any or all content from the Site. You are solely responsible for anything you may post on these sites and the consequences of posting anything on the Site.

Other Content

You understand that all content which you have access to as part of, or through your use of the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person form whom such content originated.  ON Food is not responsible for, and does not endorse, content in any posting made by other users on the Site or other content not originating from ON Food. You are solely responsible for your reliance on any such content. Under no circumstances shall ON Food be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted or provided by a third party on or through the Site. If you become aware of misuse of the Site by any person, please contact ON Food immediately at feedback@onfood.com.

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any nutritional, diet or exercise advice posted on or provided through the Site.

Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. ON Food reserves the right to investigate and take appropriate legal action against anyone who, in ON Food's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:

• Using the Site for any purpose in violation of local, state, national, or international laws;

• Posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

• Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ON Food in its sole discretion or pursuant to local community standards;

• Posting advertisements or solicitations of business or otherwise using the Site for commercial purposes;

• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

• Posting chain letters or pyramid schemes;

• Impersonating another person;

• Distributing viruses or other harmful computer code;

• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

• Allowing any other person or entity to use your identification for posting or viewing comments;

• Posting the same note more than once or "spamming";

• Harassing, threatening, stalking, or abusing any person; or

• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of ON Food, exposes ON Food or any of its customers or suppliers to any liability or detriment of any type.

ON Food reserves the right, but is not obligated, to do any or all of the following:

• Record the dialogue or content posted on any pages of the Site;

• Investigate an allegation that anything posted on the Site does not conform to this Agreement and determine in its sole discretion to remove or request the removal of the posting;

• Remove content that is abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement;

• Terminate a user's access to the Site upon any breach of this Agreement;

• Monitor, edit, or disclose any posting on the Site; and

• Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

ON Food Copyrights

The entire contents of the Site are copyrighted as a collective work and/or compliation under the laws of United States, international conventinos and other copyright laws. ON Food holds the copyright in the collective work and/or complition. The collective work and/or compliation includes works which may be property of members or other third parties. You may display and, subject to any expressly stated restrictions or limitations relating to specific material and to the extent permitted by the functionality of the Site, download portions of the material from the different areas of the Site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the site. Except as expressly permitted under this Agreement, you may not modify, publish, transmit, transfer, reproduce, create derivative works based on, distribute, display, or in any way exploit the Site or any portion thereof, in whole or in part.

Copyright Protection

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting ON Food (as set forth below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

• Your name, address, telephone number, and e-mail address.

• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to ON Food Inc, 468 North Camden Drive, Beverly Hills, CA 90210, ATTN:  CEO Reinhard Rye or by e-mail to sales@onfood.com

In an effort to protect the rights of copyright owners, ON Food maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Products and Pricing

Products displayed on and available for purchase through the Site can be delivered only within the United States.  Although ON Food takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. ON Food is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.  All items purchased from ON Food 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. Prices are valid and effective only in the United States. If you elect to purchase a product through the Site, you agree to the pricing and payment terms posted by ON Food for such product.

Warranties

The Site and all portions thereof are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ON FOOD, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ON Food makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. No advice or information, including nutritional, diet or exercise advice or information, obtained by you through or from the Site shall create any warranty not expressly stated in this Agreement.   ON Food cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. ON Food cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. ON Food cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. ON Food does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

Limitation of Liability

ON FOOD'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ON FOOD IS TO DISCONTINUE YOUR USE OF THE SITE. ON FOOD AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ON FOOD HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ON FOOD'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold ON Food, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You agree that any disputes that arise from this Agreement or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will take place in Los Angeles, CA and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA's rules provide otherwise.

If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.

Termination

ON Food has the right to terminate your account and access to the Site for any reason, including, without limitation, if ON Food, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement (either directly or through breach of any other terms and conditions or operating rules applicable to you). ON Food may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.  Upon termination ON Food shall have no obligation to maintain or forward any of your Registration Data or other content.

Notice

ON Food may deliver notice to you under this Agreement by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your ON Food account. You may give notice to ON Food at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: ON Food Inc., 468 North Camden Drive, Beverly Hills, CA 90210, Attn: Chief Executive Officer.

Miscellaneous

This Agreement constitutes the entire legal agreement between you and ON Food and governs your use of the Site.  If any provision of this Agreement is found by a court or arbitral body having jurisdiction to decide on the matter to be invalid, then that provision will be removed from this Agreement without affective the rest of this Agreement.  The remaining provisions will continue in full force and effect.  You agree that if ON Food fails to exercise or delays the exercise of any of its rights or remedies under this Agreement or applicable law, that failure or delay will not be considered a waiver of those rights or remedies, and those rights or remedies will still be available to ON Food.  You agree that ON Food may assign this Agreement and its rights and obligations hereunder in whole or in part without notice to you or your consent.  You and ON Food agree that you are not agents, partners or joint venturers, and that this Agreement does not create any fiduciary duty or comparable relationship of trust between the parties.

 

Terms and Condition last updated March 29, 2012