Welcome to FoodDudesDelivery.com. Food Dudes Delivery provides web site services to customers subject to the following conditions. If you visit or shop at FoodDudesDelivery.com, you accept these conditions. Please review the following terms and conditions carefully.
Acceptance of Agreement
You agree to the terms and conditions outlined in the Conditions of Use Agreement ("Agreement") with respect to our site ("FoodDudesDelivery.com"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Conditions of Use for this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Conditions of Use have been violated, or other abuses have occurred as determined by Food Dudes Delivery in its sole discretion. If membership has been revoked, Food Dudes Delivery reserves the right to refuse application or readmission to the membership program.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification
After becoming a FoodDudesDelivery.com subscriber you may correct/update your personal information by clicking on the 'My Account' link at the top of any page, entering your ID and password when prompted and clicking the Edit Information button. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact our member services group through the 'My Account' section, or the 'Contact Us' section.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
The information from or through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). In particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Use of Information
Third Party Services
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
Third Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from our Merchants that any credit card information you supply is true, correct and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any shipping or delivery fees and applicable taxes.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Due to the nature of our online site, and the products listed, we Food Dudes Delivery have a strict no return policy for all/any products. No products may be exchanged or returned for a cash refund.
Applicable Law and Venue
You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any samples or products obtained by you through such use, shall be litigated in the circuit court of Stearns County, Minnesota or the United States district court for the district of Minnesota. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Saint Cloud, Minnesota or the district of Minnesota is an inconvenient forum or an improper forum based on lack of venue. This site is created and controlled by food dudes delivery in the state of Minnesota, USA. As such, the laws of Minnesota will govern the terms and conditions contained in this agreement and elsewhere throughout the site, without giving effect to any principles of conflicts of laws.
In order to keep Food Dudes Delivery membership roster current, if a Member does not access his or her account for a period of 180 days or more, Food Dudes Delivery may, in its sole discretion, terminate such Member's account. Food Dudes Delivery will endeavor to notify a Member of their intent to terminate a Member's account by sending an email to the provided address 7 days prior to deactivation. If the Member fails to respond, such Member's account will be terminated as noted above. Therefore, Food Dudes Delivery strongly recommends that all Members keep their accounts and contact data current and in use. While Food Dudes Delivery desires to prevent active accounts from being terminated prematurely, Food Dudes Delivery has no obligation to maintain accounts that appear to Food Dudes Delivery to have been abandoned. Each Member agrees that failure to access his or her account for 180 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
Verify Member Account
Food Dudes Delivery reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name, address, and phone number).