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This web site is provided for your
information and entertainment, and we hope you enjoy using it.
Please browse the web site and make use of its various features,
but please be aware that your use of the web site is subject to
the following terms and conditions. If you do not agree to these
terms and conditions, please do not use this web site.
1. Ownership and Operation
This web site belongs to Fomar Imp/Exp., Inc. For more information
on the Fomar companies and their product brands, contact us or
browse the information on our website. Fomar may, in its sole
discretion and at any time, modify or discontinue this web site
or specific portions of it.
2. Agreement to Be Bound
Your use of this web site constitutes your agreement with Fomar
to be bound by, and to act in accordance with, these Terms of
Use.
3. Continuing Agreement
We may change or revise these Terms of Use from time to time by
updating this posting, so please visit this area each time you
visit the web site to keep up to date with the current terms regarding
your use of the web site. Your use of the web site reaffirms your
continuing agreement to the then-current Terms of Use.
4. Use of Site Materials
Fomar owns the copyright for all of the material on the web site
or has a valid right from a third party to use material on the
web site. Fomar also owns or has a valid right to use all trademarks,
service marks, and trade names used on this web site. No part
of the web site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer
for your personal, non-commercial home use only, provided you
keep intact all copyright, trademark and other proprietary notices
on the materials. Any modification of the materials or use of
the materials for any other purpose is a violation of Fomar’s
copyright and other proprietary rights. The use of any such material
on any other web site or computer network without Fomar’s written
consent is strictly prohibited. Your use of the trademarks, service
marks and trade names on this web site in any manner other than
as authorized in these terms and conditions, or as authorized
in writing by Fomar, is strictly prohibited.
5. Our Products
Fomar is an import/export food products company, marketing a wide
range of foods. Our purpose is to bring the products we market
to people everywhere. Our list of products can be viewed from
within our website.
6. Downloaded Software
If you download software from this website, the software and all
files, images and data relating to the software will be licensed
to you by Fomar. You do not own the downloaded software, and
Fomar does not transfer ownership of the Software to you. Fomar
retains full ownership of and title to the downloaded software
and all intellectual property rights related to the software.
You may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the software to a human-perceivable form.
Software that is downloaded from this web site is subject to United
States exportcontrol laws. If you download software from this
web site, you represent and warrant to Fomar that you are not
acting in violation of those laws.
7. Privacy
For information on how Fomar uses and protects the personal
information you may provide on this web site, click here: Privacy
Policy
8. Submissions
All comments, suggestions, graphics, ideas (including product
and advertising ideas), and other information or materials you
submit to Fomar through this web site will become and remain
the exclusive property of Fomar, including any future rights
associated with such submissions, even if these Terms of Use are
later modified or terminated. This means that you disclaim any
proprietary rights in such submissions, and you acknowledge Fomar’s
unrestricted right to use them (or materials or ideas similar
to them) in any medium, now and in the future, without notice,
compensation or other obligation to you or any other person. It
also means Fomar has no obligation to keep your submissions
confidential.
9. Geographic Scope of Site
Fomar controls and operates this web site from within the United
States of America. Unless otherwise specified on or by this web
site, this web site is intended to promote only those Fomar
products that are sold by Fomar in the United States and its
territories, and Fomar makes no representation that materials
in this web site or the products described thereby are appropriate
or available for use in other locations. All visitors to this
web site are responsible for compliance with all local laws applicable
to them with respect to the content and operation of this web
site.
10. Links to Other Sites
For your convenience and enjoyment, this web site may provide
links to other web sites on the World Wide Web that are not operated
by Fomar. These links do not mean that Fomar endorses, approves
or sponsors any information available at the linked site or any
products that may be sold there, nor is Fomar liable for any
damage that might result from your use of such information or
products.
11. Contents of Website — Disclaimer
The materials in this web site (including any graphics,
software, recommendations or other materials) and any materials
made available through this web site are provided "as is"
and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law,
Fomar disclaims all warranties, express or implied, including,
but not limited to, all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement.
Fomar does not warrant or make any representations regarding
the use or the results of the use of the materials in this web
site in terms of their correctness, accuracy, reliability, or
otherwise. The materials in this web site could include technical
inaccuracies or typographical errors. These materials could be
inaccurate or become inaccurate as a result of developments occurring
after their respective dates. Fomar undertakes no obligation
to verify or maintain the currency of such information.
Certain links in this web site may link you to other
sites on the worldwide web. The linked sites may not be under
the control of Fomar and Fomar is in any event not responsible
for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Fomar
is not responsible for webcasting or any other form of transmission
received from any linked site. Fomar is providing these links
to you only as a convenience, and the inclusion of any link does
not imply a referral by Fomar to, or an endorsement by Fomar
of, the linked site or any products or services which may be offered
there.
12. Operation of the Website — Disclaimer
Fomar endeavors to maintain this web site and its operation, but
is not, and cannot be, responsible for the results of any defects
that may exist in the web site or its operation. As to
the operation of the web site, Fomar expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited
to all implied warranties of merchantability or fitness for a
particular purpose, title and non-infringement. Fomar makes no
warranty that (i) the operation of the web site will meet the
user's requirements; (ii) access to the web site will be uninterrupted,
timely, secure, free of viruses, worms, trojan horses or other
harmful components, or free of defects or errors; (iii) the results
that may be obtained from the use of the web site will be accurate
or reliable; or (iv) defects will be corrected. You (and not Fomar
or any of its affiliates) assume the entire cost of all servicing,
repair, or correction that may be necessary for your computer
equipment and software as a result of any viruses, errors or any
other problems whatsoever you may have as a result of visiting
this web site.
13. Limitation of Liability
Under no circumstances shall Fomar be liable for any
damages or injury, including any direct, special, incidental,
consequential, punitive or other damages, that may result from
the use of, or the inability to use, the web site or any materials
in this site, whether in an action of contract, negligence or
other tortious action, arising out of or in connection with the
use or performance of the website or information available in
the web site. Fomar shall not be liable even if Fomar or
a Fomar authorized representative has been advised of the possibility
of such damages. These include but are not limited to damages
or injury caused by error, omission, interruption, defect, failure
of performance, delay in operation or transmission, line failure
or computer virus, worm, trojan horse or other harmful component.
14. Limitations as to Paragraphs 11, 12, and 13
Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations
or exclusions may not apply to you. However, in no event shall
Fomar's total liability to you for damages, losses, and causes
of action (whether in contract, tort (including, but not limited
to, negligence, or otherwise) exceed the amount paid by you, if
any, for accessing this site.
15. Postings
Fomar may from time to time monitor or review discussions,
chats, postings, and other transmissions on this web site. However,
Fomar is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such transmissions
or for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, illegality or inaccuracy
contained in any information transmitted to any such locations
on this web site. You may not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law. Fomar will
fully cooperate with any law enforcement authorities or court
order requesting or directing Fomar to disclose the identity
of anyone posting any such information or materials. Fomar
may also disclose such information if it has a good faith belief
that such disclosure is reasonably necessary to protect the rights,
property, or personal safety of Fomar, its customers or the
public.
16. Availability of Help
This web site may provide a Help file or other instructions for
the use of this site. However, you understand that Fomar is
under no obligation to provide any support for the use of the
web site.
17. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to
these Terms of Use (whether for breach of contract, tortious conduct
or otherwise) will be governed by the laws of the State of New
York, without reference to its conflicts of law principles. Any
legal actions, suits or proceedings arising out of these Terms
of Use (whether for breach of contract, tortious conduct or otherwise)
will be brought exclusively in the state courts of California
or the United States District Court for the Southern District
of California, and you hereby accept and submit to the personal
jurisdiction of these California courts with respect to any legal
actions, suits or proceedings arising out of these Terms of Use.
You also waive to the fullest extent permitted by law any right
to a trial by jury in any action, suit or proceeding brought to
enforce, defend or interpret any right or remedies under, or arising
in connection with or relating to, these Terms of Use.
18. Severability
If any provision of these Terms of Use shall be found to be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions.
19. No Waiver
No failure on the part of Fomar to enforce any part of these
Terms of Use shall constitute a waiver of any of Fomar's rights
under these Terms of Use whether for past or future actions on
the part of any person. Neither the receipt of any funds by Fomar
nor the reliance of any person on Fomar's actions shall be
deemed to constitute a waiver of any part of these Terms of Use.
Only a specific, written waiver signed by an authorized representative
of Fomar shall have any legal effect whatsoever.
20. No Legal Effect
The paragraph titles in these Terms of Use are for convenience
only and have no legal or contractual effect.
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