Terms Of Use Agreement

Introduction

Basics

Welcome to www.Mailmyfood.com (“The Site”, “This Site”, “We”, “Us”, “MMF”.).

This agreement or Terms of Use sets forth the legally binding terms and conditions for your use of the website www.mailmyfood.com (“The Site”, “This Site”, “We”, “Us”, “MMF”) and all services offered www.mailmyfood.com on This Site.

The terms "you", "your" and "yours" refer to anyone accessing, viewing, browsing, visiting or using The Site including but not limited to customers and vendors. The terms “Mail My Food”, “Mail My Food, Inc.”, "mailmyfood.com,", www.mailmyfood.com”, “mailmyfood”, “mail my food”, “MMF”, “This Site”, “The Site”, "we," "us,", “MMF” and "our" refer to Mail My Food, Inc., dba Mailmyfood.com together with its, vendors, members, officers, managers, directors, employees, agents, developers and/or providers.

These pages explains the terms by which you may or may not use our online website, our software, our mobile services and our printed matter provided on or in connection with Mailmyfood.com (collectively “the Service”).

The Terms of Use apply to all users of This Site. This includes but is not limited to: You, vendors, customers, merchants, members and contributors of any nature and of any extent in The Site whether it is of content, information or any other material and/or services on The Site. The Terms of Use governs all photographs, images, designs, illustrations, artwork, copy, text, trademarks, trade names, all brand identifiers, software, source and objective code, algorithms, data, statistics, analysis formulas, indexes, registries and all content and materials available through, on or in this Site whether posted, uploaded, transmitted, sent or otherwise made available by us, our designers, licensors, members, vendors, and/or service providers, or as well as by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

These Terms of Use govern all applications used, developed, or published in reference to the Site, such as, but not limited to Mobile Applications and Printed Matter.

We will offer a different range of services in which additional Terms Of Use may apply. If any conflict should arise between these TOU and the additional TOU, the latter will govern. Should any conflict arise with any other document that pertains to the use of this site and any or all its applications, such as but not limited to its privacy policy, we shall determine which rules, restrictions, conditions and limitations shall control and prevail at our sole discretion, and you specifically waive any right to challenge or dispute such determination.

About Us

Mail my Food, Inc. is a Florida Incorporated company and our principal place of business is located at 847 Garnet Circle, Weston, FL 33326 USA.

Compliance

This Site is owned by Mail my Food, Inc. who offers services to you through The Site. By visiting This Site, accessing its information and or services, creating an account, participating in any way or form even if you have not registered as a user, you are agreeing to the Terms of Use (TOU), Privacy Policy and/or all conditions, including all linked information herein. The Terms of Use and Privacy Policy can be accessed at any time in the footer of This Site and you must read, understand and agree to them, prior to using the services provided throughout The Site. If you do not agree with our Terms of Use and/or Privacy Policy you may not use, access or visit any part or portion of This Site.

When accessing a different site (external site) through a link provided herein and throughout The Site, Mail My Food, Inc. and Mailmyfood.com strongly recommends that you read and agree to comply with the terms of use posted in the external site being visited as they differ from ours.

You agree to comply with all local and national laws regarding online conduct and acceptable content. In addition, you must abide by mailmyfood.com’s policies as stated here and in any further agreement, contract or Terms Of Use that might apply to your specific or non-specific usage of This Site. This reference herein incorporates such terms, conditions, and or additional contracts to these TOU.

If you breach, fail to comply, fail to follow the rules, restrictions, limitations, terms and/or conditions that apply to This Site, whether listed in this TOU and/or our Privacy Policy , we may end, suspend, refuse access and/or restrict your membership, account, profile, calendar, your ability to access, visit, and/or use This Site or any portion of it, with or without notice to you. This also includes the limitation and restriction to provide you with any future access, visitation, and/or use of This Web Site and all its applications and/or services, regardless if you have previously provided mailmyfood.com with any information, images, comments or services being used in This Site.

Changes to the Terms of Use

We may update, modify, change or revise the TOU and Privacy Policy from time to time as we see fit and without notice to you. As such, you should check these terms and conditions every now and then. Your continued use of This Site following such change/changes will mean you agree to be bound by the modified TOU and/or Privacy Policy.

If you violate any of the terms and/or conditions that have been changed, updated or modified in the TOU and/or our Privacy Policy, your access will be canceled and you may be permanently banned from accessing, viewing, browsing and using The Site. Your accessing, viewing, browsing and/or using The Site after we post changes to the terms and conditions of the TOU and/or our Privacy Policy constitutes your acceptance and agreement to those changes, whether or not you actually reviewed and agreed to the changes.

At the top of this page we will post the date in which the terms and conditions of the TOU and/or Privacy Policy where posted or changed. Please check back often and read them. If you do not agree with changes made to the TOU, then you must immediately stop using This Site. It is your responsibility to review these changes and take the appropriate measures if you do not agree with them.

Site Access, and Account Registration

Basics

To access and use some of the services and/or features available to you on This Site you will need to register by creating an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please enter into your account and edit the information immediately.

If you are selling products and/or services on Mailmyfood.com you must provide accurate, real information and keep it up to date including but not limited to, you and/or your company’s full name, phone numbers, address, e-mail address and your valid payment information.

Mailmyfood.com may change registration requirements from time to time at its own discretion and without any notification to you.

By providing mailmyfood.com your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We might also send you other messages, such as but not limited to new features and special offers. If you do not want to receive such email messages, you may opt out by changing your preferences in “My Account” under News Letter Subscriptions. Opting out will mean you will not receive email messages regarding updates, improvements, legal notices or offers. Please note that all legal notices will still govern your use of This Site. We will post legal notices to The Site from time to time and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

Eligibility

Mailmyfood, its services and/or features are only available to persons 18 years of age and older who can legally be responsible for contracts under applicable law. If you are under 18, but older than 13, your parent or guardian must enter into this Agreement on your behalf, and he/she will be responsible for your use of and access to the service that Mailmyfood.com provides; this includes but is not limited to the financial responsibility for any items you purchase through us.

Use of Mailmyfood.com by anyone under the age of 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to open an account or send any information about yourself to us, including but not limited to, your name, address, telephone number, or email address. If you believe that we might have any information from or about anyone under the age of 13, please notify us immediately at legal@mailmyfood.com and we will delete that information as quickly as possible.

Creating an Account

To use Mailmyfood.com services you will need to create an account. When you create an account you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your account information change, please enter into “My Account” and edit the information immediately.

To create an account, regardless if it is in your name or a company’s name you will be required to create, a password and/or User ID, as well as provide your real name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, and a telephone number and/or your mobile number may also be requested. All information must be accurate and real. In addition, you may be asked to send us similar information via messaging such as but not limited to email, SMS, MMS. All information will be referred to in these Terms of Use Agreement as your “Account Information”. We may use and share your Account Information as described in our Privacy Policy, please review it.

In order to sell items on Mailmyfood.com all information asked of you must be up to date and accurate including but not exclusively your identifiable information, such as full name, companies name, real street address, current phone number(s), e-mail address and valid payment information.

Mailmyfood may change registration requirements from time to time at its own discretion.

Right of Refusal

Mailmyfood, at its sole discretion, may refuse to offer access to, or use of The Site, its services and features to any person or entity, for whatever it deems, and at any time. It may also change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access The Site is revoked in such jurisdictions.

Discrimination

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Access Through Facebook

The service is available to you signing up through “Facebook Connect” service. For this you must have a valid and active Facebook account. If you decide to use this service, you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, as well as with your obligations under this Agreement. If you access MMF through Facebook Connect, Mailmyfood.com may require that your user ID be the same as your user name for Facebook. If you sign into Mailmyfood.com through Facebook Connect, you will provide your Facebook account credentials to Mailmyfood.com, and you hereby are consenting to have the information in that account transmitted into your Mailmyfood.com account. Likewise you agree that you shall only use a Facebook account owned by you, and not by any other person or entity.

 

Password

The account password you decide to use and provide should be unique and kept secure. The maximum length will be 16 characters and the minimum will be 8 characters. Your password must be alphanumeric, contain at least one number or one letter, and may but is not is not required; include upper case letters and/or special characters. If there is a sign that your account has had a breach of security or unauthorized use, you must notify mailmyfood.com immediately at customerservice@mailmyfood.com.

Mailmyfood.com will not be liable for your losses caused by any unauthorized use of your account, and you may be liable for mailmyfood.com or its vendor’s losses due to such unauthorized use.

Account Transfers

Your Account and/or User ID may not be transferred, sold or donated.

Disclaimers and limitations of liability

This Site is for your non-commercial personal use only. You may not modify, copy, reproduce, publish, distribute, license, transmit, exploit, sell or display commercially any of its content without prior authorization from Mail My Food, Inc.

This Site, the products and/or services for sale on it and any transaction done through or with it, is provided on an "as is" and “as available” basis without any representation or endorsement made and we make no guarantees or offer any warranties of any kind, whether express or implied, including, and without limitation, the warranty or guaranty of merchantability with respect to the mailmyfood.com service, The Site, its contents, information, services and products offered through or in connection with Mail My Food’s service. Mail My Food does not adopt any representation or warranty, whether express or implied of any manufacturer, merchant or vendor that offers its products or services through our website mailmyfood.com. You agree that your use of Mailmyfood.com and its services are and will be used at your sole risk.

Mail my Food, Inc., Mailmyfood.com its members, providers, and/or vendors do not guarantee or warrant the accuracy, integrity, or completeness of the content provided or that This Site will meet your expectations, requirements or that its service will be uninterrupted, timely, secure, error-free, and/or that defects will be corrected. We also do not guarantee that This Site or the server that makes it available to you is free of viruses and/or bugs. You agree that we will not be responsible or liable to you for any loss of content or material uploaded, or posted through this Site. You therefore agree that we cannot guarantee and therefore shall not be in any way responsible and/or liable for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that no oral or written advice/information given by mailmyfood.com, its Vendors and or members will create a warranty or guarantee of any kind or nature. You expressly agree that your use of Mailmyfood.com and its services is at your sole risk.

You agree to indemnify and hold Mailmyfood.com/Mail My Food, Inc. harmless as well as its investors, partners, directors, managers, employees, shareholders, vendors, providers, developers, agents, representatives, third-party providers or licensors (collectively, “Mail My Food’s Members”) from and against all suits, actions, legal or administrative proceedings, liabilities, claims, expenses, damages and losses, including legal fees and costs, arising from any breach of these Terms Of Use or other liabilities arising out of your use of This Site by you or any other person(s) accessing This Site using your mailmyfood.com account or any unlawful access by you or anyone on your behalf, to this site.

You agree as well that Mail My Food, Inc., mailmyfood.com and all its members will not be liable for any direct, indirect, special, or consequential damages that result from the use of or inability to use This Site, including but not limited to the trust of any information obtained at This Site, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Mailmyfood.com records, programs or services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms of Use and your use of the Site and the Services.

The products, and services provided and or sold on Our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

To the fullest extent allowed under applicable law, we, mailmyfood.com disclaim any and all guaranties and warranties of any kind, whether express or implied, in relation to the products available through This Site including but not limited to, implied warranties or guaranties of quality, preparation, freshness, expiration date, taste satisfaction, appearance, packaging, or shipping.

Mailmyfood.com is a site that acts as a venue in which food products, food services and/or food related items are offered, sold, brokered, and/or bought under the price format stated in our Vendor Guideline Agreement under Vendor Listing Fees and therefore herein incorporated to these Terms Of Use. We do not have control over the quality, freshness, safety, or legality of the products, items and/or services listed, the truth or accuracy of the vendors’ description, the ability of vendor to sell their listed products, items and/or services or the ability of buyers to pay for items. Mail My Food does not pre-screen vendors, their products and or services or the content and information provided to us by them. We cannot ensure, guarantee or warranty that a buyer or vendor will actually complete a transaction. We are not responsible or liable for any product, item, service, or content provided to us by our vendors for our customers. You agree that your use of mailmyfood.com is at your own risk, and to hold Mailmyfood.com, Mail My Food, Inc. and it’s members, harmless from and against all suits, actions, legal or administrative proceedings, liabilities, claims, expenses, damages and losses, including legal fees and costs, arising from the quality, freshness, safety, or legality of the products, items and/or services listed, and the truth or accuracy of the vendors descriptions.

You agree that, to the maximum extent permitted by law we will not be liable for any economic losses, including but not limited to, loss of profits, margins, contracts, or business agreements, and any loss of reputation, or any special, indirect or consequential loss in any case whether or not such losses were incurred by Us or Mail My Food’s members, or customers, arising out of or in connection with the provisions of any matter under the Terms of Use and Vendor Information. To the maximum extent permitted by law, our total liability to you for any alleged damages, regardless of the reasoning behind it, will not exceed the totality of fees actually paid by you to us, Mail My Food, Inc. and/or Mailmyfood.com for the damage you claim was done.

Some state laws do not allow limitations on implied warranties or the exclusion or limitation of some damages. If these apply to you, some or all of the above disclaimers, exclusions, and/or limitations might not apply to you, and you might have additional rights, but the remainder of this Agreement shall remain in full force and effect.

Applicable Law

This site is created and controlled by Us in Broward County, in the State of Florida, and in the USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. The application of The United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) is hereby explicitly excluded. You and Mailmyfood.com hereby specifically consent to the exclusive jurisdiction of the courts of Broward County, Florida, USA.

Any dispute relating in any way to your visit to This Site shall be submitted to confidential arbitration in Fort Lauderdale, Florida, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we then may seek injunctive or other appropriate relief in any other state or the federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and 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 action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of This Site or this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever banned.

Some state laws do not allow limitations on implied warranties or the exclusion or limitation of some damages. If these apply to you, some or all of the above disclaimers, exclusions, and/or limitations might not apply to you, and you might have additional rights but the remainder of this Agreement shall remain in full force and effect.

Privacy Policy

To understand our practices, please review our Privacy Policy, which equally governs your visit to this Site. Our Privacy Policy which is incorporated herein by this reference is available by clicking on the words Privacy Policy anywhere in these Terms of Use.

Mailmyfood.com cares about your privacy. By using this Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States in accordance with our then-current Privacy Policy.

Mailmyfood.com cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will not be able to overthrow our security measures and/or use your personal information for improper purposes. You hereby acknowledge that you provide your personal information at your own risk.

Warranties

All Food, food related items/products, food derivatives, food components, ingredients, their packaging, and/or presentation are prepared, manufactured and/or packaged by third parties and sold by them or our vendors, who might not be the manufacturing or preparing party. None are prepared, manufactured, packaged or designed by Mailmyfood.com or Mail My Food, Inc. These third parties or vendors provide services, and/or sell their food product(s)/items on this site. We do not taste, examine, evaluate, approve, or disapprove; their offering and we do not warrant or guaranty them. Mailmyfood.com and/or Mail My Food, Inc., does not assume any responsibility or liability for the descriptions, actions, products, and content of all these and/or any other third party offerings. Because of the nature of what Mailmyfood.com offers through its service, you should carefully review their description, and when in doubt, contact mail my food at customerservice@mailmyfood.com for any further questions before you purchase a food item/product or service if you should have any questions or doubts. Mail My Food will do its best to promptly get the answers to your questions.

Each vendor who sells food, food related items or services on this site will post their warranty, guaranty and return policy individually, in such a way that each product, item or service might, can or will vary from others. Mail My Food, Inc. and Mailmyfood.com does not warrant or guaranty any listing on its website nor accepts returned food and/or items to its headquarters.

Mail My Food does not warranty or guaranty that by listing a product/item/service on its website, such product/item/service will be sold within a certain time frame or a specific amount of it or even if it will be sold at all. We are exclusively a venue. A location for a product/item and or service to be offered and or sold.

Representation of Products or Items

Because of the nature of the Internet and the individual settings, brands, and/or capacity of all computers, and/or media as well as the photos, illustrations, graphics, and logos submitted to us by our vendors or members, mailmyfood.com cannot guarantee that the display of colors will be 100% accurate.

Outside Resources

Mail My Food shares links and resources with you throughout its website. These resources are meant to enhance the user’s/vendors experience and/or aide in information and services. Mail My Food, Inc. and/or mailmyfood.com is not responsible for the content, accuracy and/or use of outside websites or resources linked to, or referenced on this Site. You agree that Mail My Food shall not be responsible or liable, directly or indirectly, for any of the privacy practices, content, advertising, products, goods, services, miss information, damage, loss caused or allegedly caused by or in connection with the use or trust you deposit on any such content, on or through these external websites or resources. Any negotiations you establish with such links provided in this website are at your sole discretion and risk and you hereby hold Mailmyfood.com, Mail My Food, Inc. harmless as well as its members, from and against all suits, actions, legal or administrative proceedings, liabilities, claims, expenses, damages and losses, including legal fees and costs, arising from your negotiations with such other companies and/or sites provided just as an informative source to you.

Any link to an external website does not mean we endorse or approve its content, products or services. They are meant as a convenience to you and hereby agree that you visit those sites at your sole discretion and risk.

International Access

This Site can be accessed worldwide. There is no guarantee that the products/items and/or services will be available to you outside of the United States. If you attempt to purchase a product/item from countries other than the United States you are responsible for complying with your local laws and regulations. Mail My Food, Inc. and Mailmyfood.com is not set up initially to aide or facilitate such purchases. Our service is limited to The United States of America and some of its noncontiguous states. We are currently seeking advice as to how we can ship to our armed forces, where ever they may be deployed to. Until further notice we highly discourage you attempting to purchase any of the products or services offered in mailmyfood.com for international shipping. Any problems arising from such an attempt will be of your sole responsibility and you agree to hold Mailmyfood.com, Mail My Food, Inc. harmless as well as its members, from and against all suits, actions, legal or administrative proceedings, liabilities, claims, expenses, damages and losses, including legal fees and costs, arising from your noncompliance with our terms regarding international shipments. Please be advised that our prices are set in US dollars, we only, manage transactions in US Dollars and we do not have the capacity to accept credit cards or payments from other countries or currencies.

Typographical Errors

If there should happen to be a product/item listed at an incorrect price or with incorrect information, or description due to a typographical error received from our vendors, members, or inadvertently posted by mailmyfood.com, we will have the right to cancel the order or refuse to sell the product/item, whether or not the order has been processed and your credit card charged. If your credit card has already been charged for your purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount paid for the product/item.

Copyright

All content included in or presented through Mailmyfood.com, such as but not limited to text, photos, illustrations, graphics, logos, typefaces, button icons, images, data and other material (collectively “content”) is the property of Mail My Food, Inc., Mailmyfood.com or its suppliers, vendors, members, designers, distributors, contractors, sponsors or affiliates and is protected in all forms, media and technologies existing now or hereinafter by United States and international copyright, trademark, database and/or other proprietary rights laws.

You may not change, modify, delete, expand, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the content, in whole or in part.

Notwithstanding the foregoing, you may only share, copy & paste or pin pictures/photographs and/or illustrations of the products and/or items offered on This Site, on social media websites as long as you do not modify them in any way or form and you maintain any notices contained in the content, such as copyrights, trademark legends, and/or other proprietary rights notices.

Trademark

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through mailmyfood.com are trademarks or trade dress of Mail My Food, Inc. and/or Mailmyfood.com, regardless of them having or not the "™" "®" "SM" or other similar designation, they are registered, pending or unregistered trademarks and/or services of Mailmyfood.com. Mailmyfood.com’s trademarks and trade dress may not be used in connection with any product or service that is not mailmyfood.com's, in any manner that is likely to cause confusion to customers, or in any manner belittles, dishonors or discredits mailmyfood.com. All other trademarks not owned by us 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 mailmyfood.com. Even if such trademarks are not Mail My Food’s, you may not change, modify, delete, expand, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of them, in whole or in part if you have gotten hold of them through mailmyfood.com.

Intellectual Property Infringement

Your use of this Site and all its content grants you no rights in relation to any of its copyright, designs, trademarks and all other intellectual property and material rights relating to the content including mailmyfood.com’s software, HTML and/or any other code contained in this Site. All such content including vendor, member, and provider trademarks, copyrights, designs, and related intellectual property rights mentioned or displayed on This Site are protected by national intellectual property laws. You are allowed to use the content only as expressly authorized by us and/or our vendors, members, partners and providers.

Please refer to specific photograph and image usage, sharing and authorization in the Social Media section of these TOU.

Content is defined as all code, software, graphics, illustrations, photographs, charts, text, design items, logos, sounds, music, video, audio, software, HTML and/or any other code on this Site.

Mialmyfood.com is a venue that relies on its suppliers, vendors, members, designers, distributors, contractors, coders, sponsors or affiliates who supply the goods and services provided through this website and who may drop ship products and or items to our customers as well as provide services for them. Mailmyfood.com is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through This Site, or items advertised on the Site, by them as per the Digital Millennium Copyright Act.

Should you believe that your intellectual property rights are being violated by the content posted on or transmitted through This Site, or items advertised on This Site, please contact us promptly so that we may investigate, and if need be, remove the infringing content and/or advertisements.

It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to This Site. In order for us to investigate any situation of this sort we need that you forward to us the following information:

Your full name, address, phone number and e-mail.

A description of what you believe infringed upon your intellectual property rights, with the link to the page where that is located on This Site with a physical signature of the person authorized to make such a claim.

A statement made by you where you believe in good faith that the disputed material and its application(s) are not legally authorized for use by the party perpetrating the infringement.

An additional statement, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

Please provide this information in writing, by certified mail to the following address:

Legal Department
Mail My Food, Inc.
847 Garnet Circle
Weston, FL 33326

 

Social Media Exception

You may only share, copy & paste or pin pictures/photographs and/or illustrations of the products and/or items offered on This Site, on social media websites as long as you do not modify them in any way or form and you maintain any notices contained in the content, such as copyrights, trademark legends, and/or other proprietary rights notices.

Online Conduct

You will only use this Site for lawful purposes. You are strictly prohibited from posting on or spreading through This Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racial, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.

You are prohibited from sending and/or posting unauthorized commercial communications (such as spam) through this Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you through but not limited to product, item and/or service reviews, we will, without any obligation, investigate the allegation and determine at our sole discretion whether to remove or request the removal of such User Content from the Site.

We may disclose any User Content or electronic communication of any kind

• To satisfy any law, regulation, or government request.
• When and if it is necessary or appropriate to operate this Site.
• To protect the rights or property of mailmyfood.com, our officers, directors, managers, employees, agents, suppliers, vendors, members, designers, distributors, contractors, sponsors, affiliates, customers and/or you.

We reserve the right to prohibit conduct, communication, or content that we deem at our sole discretion to be unlawful or harmful in any way or manner to mailmyfood.com, our officers, directors, managers, employees, agents, suppliers, vendors, members, designers, distributors, contractors, sponsors, affiliates, customers and/or you or any third party.

Notwithstanding the foregoing, mailmyfood.com or our vendors, members, designers, and/or contractors, can’t ensure prompt removal of questionable content after online posting. Therefore none of the above mentioned will assume any liability for any action or inaction with respect to conduct, communication, or content on this site.

Rules

You agree not to engage in any of the following prohibited activities in connection with This Service:

• Copying, distributing, or disclosing any part of This Service in any medium, including without limitation by any automated or non-automated "scraping".
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access This Service in a manner that sends more request messages to Mailmyfood.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, mailmyfood.com grants the operators of public search engines revocable permission to use spiders to copy materials from mailmyfood.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
• Transmitting spam, chain letters, or other unsolicited email to Mail My Food, Inc., Mailmyfood.com and/or any of its officers, directors, managers, employees, agents, members, partners, licensors, and providers.
• Interfering or attempting to interfere with, and/or compromising the system integrity or security or decipher any transmissions to or from the servers running This Service.
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
• Uploading invalid data, viruses, worms, or other software agents through the Service.
• Collecting or harvesting any personally identifiable information, including but not limited to account names and their associated data, from This Site.
• Impersonating another person or company or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
• Interfering with the proper working and functioning of This Service.
• Accessing any content on This Site through any technology or means other than those provided or authorized by This Service.
• Bypassing the measures we may use to prevent or restrict access to This Site, including but limited to features that prevent or restrict use or copying of any content or enforce limitations on use of This Service or the content herein.
• Decompiling, reverse engineering, or otherwise attempting to obtain the source code of this Site.

Without our prior written consent:

• You may not download or modify this Site or any portion of it.
• You may not use any type of data mining, screen-scraping, robots, or similar data gathering and/or extraction tools.
• You may not reproduce, duplicated, copy, sell, visit, or exploit this Site for any commercial purpose.
• You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks.

You must be aware of the following:
With the use of mailmyfood.com, you may also be using the services of one or more third parties, such as, but not limited to a wireless carrier or a mobile platform provider. Your use of third party services are subject to separate privacy policies, terms of use, and fees. It is your responsibility to know and understand them as well as abide by them. Mail My Food /mailmyfood.com will not be liable for any third parties’ privacy policies or terms of use infringement or their fees on your behalf.

How to Use This Site

Customers

Creating an account

To access and use some of the services and/or features available to you on This Site you will need to register by creating an account. If you are under 13, please do not attempt to open an account as it is hereby prohibited by Mailmyfood.com.

When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please enter into your account and edit the information under “My Account” immediately.

The information you may be asked to provide may include, but not be limited to, your full, accurate and true name(s), address, phone number(s), e-mail address, the creation of a password and/or User ID and any other personally identifiable information that might or might not be obligatory in order to set up an account with us, such as but not limited to your age and gender.

When our mobile application is available, you may be asked to send us similar information via messaging such as but not limited to email, SMS, MMS. All information will be referred to in these Terms Of Use Agreement as your “Account Information”. We may use and share your Account Information as described in our Privacy Policy, please review it.

Password

You will be required to create, a password and/or User ID. The password and/or User ID you decide to use and provide should be unique and kept secure.

Mailmyfood.com strongly suggests not sharing your password and/or User ID with anyone.

When you create your password, mailmyfood.com will give you the necessary accurate instructions as to what appropriate combinations you must use. The maximum length will be 16 characters and the minimum will be 8 characters. Your password must be alphanumeric, contain at least one number or one letter, and may but is not is not required; include upper case letters and/or special characters.

Should you forget your password please click on the link in the Log In window “forgot my password” and follow the prompts. Mail My Food will e-mail you the appropriate instructions for you to reset your password. We will do this to the address you provided us upon creating your personal account. Please follow the instructions.

Account Information

Mailmyfood.com will provide you with a page in which you can manage the information you have given us and other tools provided by The Site to make your experience a personal, practical and enjoyable one. Access to these setting will only be allowed once you have successfully logged in to The Site. Your account information must be up to date at all times.

Creating an account on mailmyfood.com will enable you, among other things, to manage certain privacy settings, as well as manage your wish list, favorites list, newsletters, as well as but not limited to having access to your detailed Order History.

How to Search for a Product, Item or Service

On Mailmyfood.com’s Home Page or at the top of any other page throughout the website you may search for your favorite foods, products or food related services. Every page on the top portion of your screen will have the search box and the menu always available to you.

Click with your mouse in the search box, and write the product or service you are looking for and press enter on your keyboard or click the small magnifying icon located to the right. All products that are related to your search will be displayed for you to select the one that best fits your search criteria.

You may also click on any of the available food category tabs on our menu at the top, which we have created to help you find what you are looking for, or for you to browse new and different options that might serve your purpose as well.

Prices and Availability of Products

When you buy a product, or purchase a service from mailmyfood.com you are purchasing from mailmyfood’s independent vendors. Mailmyfood.com does not manufacture, stock, manage or ship any products or items nor does it offer in its name any services other than the service provided by This Site.

The prices displayed on This Website may differ from prices that are available in stores. They are quoted in U.S. Dollars and are valid only in the United States. You are responsible for all applicable taxes, regardless of the amount quoted on This Website at the time of your order. Should any unintended error happen regarding the amount of tax you should pay in reference to the location your order is being shipped to, we will notify you before the product/item is shipped.

Each vendor may have a product, a bundle of a product(s), and/or several different food products for you to choose from. Each product will have the price, quantity, shipping method(s) available to you, and processing times, posted with their product.

We do not guarantee year round availability or the continued presence on Our Site of your favorite or prior purchased products, items and/or services.

Mailmyfood does not set, decide and/or dictate any of the prices or quantities of the products, items and/or services offered to you on This Site.

Prices are as posted at the moment of your purchase. Once an item has been purchased, no price adjustment will be offered should the item be further marked-down or temporarily reduced in price.

How to Order From This Site

Once you have found the product, item and/or service you would like to purchase, you must enter the amount and add it to your Shopping cart. When you are finished and wish to check out, click on the shopping cart image on the top right hand corner of our web site to see all the products, amounts and prices of your purchase. On this page you may edit amounts, as well as remove products.

After you are satisfied with the products and amounts in your shopping cart click on “Proceed to checkout” or you may go directly to checkout at any time by clicking “Checkout” at the top right hand corner of any page.

Follow the prompts until you get a confirmation number for your purchase. Please make sure you write this number down or print your confirmation page. We encourage you to keep it handy until your products have arrived to their intended destination.

Payments

Payment of all products and/or services you purchase from mailmyfood.com are processed by reliable third party companies. Through us these third party companies will ask for all the necessary, accurate and up to date information from you; the customer, in order to process your payment. Once the payment has been processed, you will see a page with your confirmation number. Mailmyfood.com encourages you to keep this number handy until your products or items have arrived at their intended destination or your service has been completed.

Mailmyfood’s payment processing service does not accept any non-US denominational credit/ debit cards or alternate payment system. All our prices are in US Dollars only and we do not manage or accept any other currencies.

We take reasonable care to make Our Site secure. All credit/debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a Mailmyfood.com account holder, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, and secure, mailmyfood.com uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from This Site.

Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the order placed by you (customer) on mailmyfood.com will be finalized when our vendors ship the product/item (s) to you, at which time you will receive a second email containing you tracking number, and confirming that your order has been shipped.

We reserve the right not to process your order for any of the following reasons or at our sole discretion without any further comment on our behalf.

• We could not get authorization for payment of your order.
• Shipping location is out of our limit.
• You are attempting to pay in any other currency other than US Dollars.
• The product/item you ordered is out of stock.
• The product/item has been withdrawn from our Site.
• You do not meet the legibility criteria set in these TOU.

We will not be liable to you or any third party for withdrawing at our sole discretion any product, item and/or service from The Site, after processing has begun.

Shipping Policies

Shipping may be handled by third party companies/carriers such as but not limited to: USPS, UPS, FedEx, DHL, Dynamex, LaserShip, and Ensenda.
Because of the nature of food and perishable products, they will only be shipped to you as per the vendor’s designated conditions, and methods regardless of the final cost per product. You hereby agree to each separate vendor’s choice of carrier and the established price of said carrier.

Please note that we aim to dispatch all orders within 24 to 48 hours, some exceptions might occur due to the nature of the food product you ordered and its production, such as but not limited to, special bake orders, quantities, packaging or decoration. Estimated delivery times are established by our shipping providers and are to be used as a guide only. These estimated times begin on the shipping date.

You confirm and authorize that Mailmyfood.com and its shipping providers can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery, unless it is an alcoholic beverage. Furthermore you completely release mailmyfood.com from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

Alcohol listings or any product, item or service related to alcohol offered to you through Mailmyfood.com is strictly intended for adults. You must be at least 21 years of age to purchase alcohol, or use any functionality on This Site related to alcohol. You will need to be at the shipping address and sign shipping documents as proof of your age (21+) in order to receive any alcoholic beverage delivered to you. If you appear to be underage or near underage, you must present identification and proof of age at the time of delivery to receive alcoholic beverages.

Initially mailmyfood.com’s vendors will only ship within the United States. All rates applicable for shipping will be paid by you, the purchasing customer and will be added to the final price posted on This Site. The price of shipping will be the carriers standard. You will be able to decide during the checkout process if you agree to such charges or not.

There might be a Packaging fee attached to shipping charges in order to cover extra or safety related materials such as, but not limited to ice packs and insulated boxes needed to insure safe delivery of your purchased product. The cost of these items will be determined by mailmyfood.com’s vendors, and in order for the completion of your order to take place, you must accept these extra charges.

Social Media Sharing

All pictures posted on mailmyfood.com are either Our property or they are exclusive property of each individual vendor who has provided them for your ease of shopping and as such they have the copyrights to them. You may not change, modify, delete, expand, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the content, in whole or in part.

Notwithstanding the foregoing, you may only share, copy & paste or pin pictures/photographs and/or illustrations of the products and/or items offered on This Site, on social media websites as long as you do not modify them in any way or form and you maintain any notices contained in the content, such as copyrights, trademark legends, and/or other proprietary rights notices.

User Content

Customers who have created an account with Us may submit/post feedback, notes, messages, suggestions, reviews, comments, ideas, know-how, techniques, questions, suggestions, stories, product ideas, computer code original artwork, information and other content (collectively “submissions”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable content to mailmyfood.com, it’s members, vendors or other third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You must use your identifiable information in order to submit any of the aforementioned type of comments. You may not use any false identity, or otherwise mislead as to the origin of the submission.

Mail My Food does not investigate the validity of opinions or statements made nor do we mediate feedback disputes. We reserve the right, yet we are not obliged, to remove or edit such content if reviewed and deemed inappropriate and if we have taken such actions it will not be reinstated or resubmitted.

Your submissions, of any sort or nature shall constitute an assignment to Mail My Food. These submissions will be treated as non-confidential and nonproprietary, and we shall have the 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. All Submissions shall automatically become Mail My Food’s sole and exclusive property and shall not be returned to you. You hereby agree to relinquish all worldwide rights, titles and interests in all copyrights and other intellectual property rights of your submissions. If you do not wish to assign us your submissions, including personal information or original creative work please refrain from posting anything on our Website.

When you submit such comments on our Site, you also grant us the right to use the name that you submit it with. You represent and warrant that you own or otherwise control all of the rights to the submissions you post on this Site and that the use of them will not infringe upon or violate the rights of any third party.