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Welcome to Fresh OBX Groceries Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.
This
Agreement (the "Agreement") is a legal agreement between you and Fresh OBX Groceries
Inc. ("Fresh OBX Groceries" or "FOBX") that states the terms and conditions under
which you may receive the Fresh OBX Groceries service and use www.talking-pages.com.
If you use the Fresh OBX Groceries service or www.talking-pages.com, you agree
to these terms and conditions.
- Fresh OBX Groceries Delivery Service and Website. The Fresh
OBX Groceries service is a transaction, information and communication service
available to authorized users ("customers") who access www.talking-pages.com.
FOBX currently provides an online grocery shopping and delivery service, and
may in the future provide additional shopping and related services.
- Grocery Shopping and Delivery Service. Fresh OBX Groceries
employees, agents or designees will shop and deliver grocery orders placed
with Fresh OBX Groceries. Delivery will be made to the delivery address
that you specify when you place your first order. Payment for groceries
and associated shopping and delivery fees is due at the time of delivery.
You are responsible for ensuring that someone is present at the delivery
address to receive and pay for deliveries at the specified time of delivery.
Anyone at the delivery address who receives the delivery is conclusively
presumed to be authorized to receive and pay for the order. If Fresh OBX
Groceries cannot deliver your order, or must make an additional delivery
because no one is at the delivery address to receive and pay for the order
at the specified time, you will be assessed an additional fee. If you are
not satisfied for any reason with an item purchased through the FOBX, you
may return it and it will be credited against your next FOBX order. If an
item you choose is not in inventory, we reserve the right to replace the
item with an equivalent product. We will adjust the price if the product
is less, and we will not charge more if the product is more.Fresh OBX Groceries
liability for missing a delivery or pickup time is limited to delivery at
a later agreed time at no additional charge. In some areas, you may choose
to receive your Fresh OBX Groceries order as an unattended delivery, and
your order will be left unattended at your door or other place you designate.
Orders containing tobacco or alcoholic products cannot be left unattended
under any circumstances. FOBX may also choose to leave your order unattended
in a convenient location if an appropriate person is not present to receive
and pay for deliveries. Fresh OBX Groceries is not responsible, and you
agree not to hold FOBX or its employees responsible, for any damage or theft
that occurs to an unattended delivery. FOBX reserves the right to refuse
to leave an order unattended if the Fresh OBX Groceries Delivery Driver
considers the circumstances to be unsuitable or unsafe for any reason.
- Third Party Information Providers and Merchants. The
FOBX service may permit you to order and receive products, information and
services from businesses which are not owned or operated by FOBX. The purchase,
payment, warranty, guarantee, delivery, maintenance and all other matters
concerning the merchandise, services or information ordered or received
from such businesses are solely between you and such businesses. Fresh OBX
Groceries does not endorse, warrant or assume any responsibility or liability
for such products, information or services including, but not limited to,
the accuracy, completeness or usefulness of such information, opinion and
advice and the quality and availability of such products or services. Any
separate charges or obligations you incur in your dealings with these third
parties are your responsibility and are not part of the fee charged for
the Fresh OBX Groceries service.
- Your Member Account. You agree to provide Fresh OBX Groceries
with accurate and complete information as required by registration for the
Fresh OBX Groceries service ("Customer Registration Data"), including, but
not limited to, your legal name, billing and delivery addresses, telephone
number, credit card account number and expiration date and/or bank account
information, and promptly to notify Fresh OBX Groceries of any change in your
Customer Registration Data. Upon registration, you will be issued a customer
identification number and password allowing you access to the Fresh OBX Groceries
service. Your password should be kept strictly confidential to prevent unauthorized
use. You agree to notify FOBX immediately of any unauthorized use of your
password or your account or loss or theft of your credit card or bank account
number. You will remain liable for any use of the Fresh OBX Groceries Service
until you notify FOBX of the unauthorized use, loss or theft.
- Property Rights - www.talking-pages.com and Fresh OBX Groceries.
- Copyright: All content on talking-pages.com including,
but not limited to, design, text, graphics, interfaces, and the selection
and arrangement thereof, and all software are the property of Fresh OBX
Groceries 2004, Fresh OBX Groceries, Inc. ALL RIGHTS RESERVED, or its
content providers. Fresh OBX Groceries authorizes you to view, electronically
copy and to print in hard copy portions of talking-pages.com for the sole
purpose of placing an order with Fresh OBX Groceries, Inc. for your personal,
non-commercial use, provided that you preserve any copyright or other
proprietary notices. Any other use of materials on talking-pages.com,
including, but not limited to, reproduction, modification, distribution
or publication for any commercial or public purposes, without the prior
written permission of Fresh OBX Groceries is strictly prohibited. FOBX
reserves the right to revoke this authorization at any time, and any use
shall be discontinued immediately on written notice from FOBX.
- Trademarks: All Fresh OBX Groceries logos, and all
titles, characters, names, graphics and button icons are service marks,
trademarks and/or trade dress of FOBX or otherwise proprietary to FOBX
and may not be used by you for any reason other than as expressly permitted
by this Agreement. All other trademarks, service marks, product names
and company names or logos appearing on talking-pages.com are the property
of their respective owners.
- Fees, Payment and Access. You are responsible for, and
agree to pay promptly, all charges to your account, including applicable taxes
and purchases by you or anyone you allow to use your password or I.D. number,
including your family, friends or other customers. Fees and charges will be
assessed in accordance with the then current Fresh OBX Groceries fee schedule
which can be accessed online. If you fail to pay any fees or charges when
due under the FOBX fee schedule (which includes electronic payment rejection,
redelivery or restocking fees, or damages arising from fraudulent use), Fresh
OBX Groceries may charge such amount directly to the credit card identified
in your Customer Registration Data. You shall be responsible and liable for
any fees, including attorneys' fees and collection costs, that Fresh OBX Groceries
Inc. may incur in its efforts to collect any unpaid balances from you. FOBX
reserves the right to establish a credit limit for your account. Your right
to use the Fresh OBX Groceries service is also subject to limits established
by your credit card issuer.
- Unauthorized or Fraudulent Use. Fresh OBX Groceries does
not offer the FOBX Service to children. By registering for the Fresh OBX Groceries
Service, you warrant that you are at least 18 years old. If you are under
18, you may use the FOBX Service only with the involvement of a parent or
guardian. From time to time, FOBX may extend promotional offers to existing
or potential new customers. You agree to abide by the terms and conditions
of any such offer and acknowledge that circumvention of the terms and conditions
of such offers constitutes a fraudulent use. You will be liable for damages
caused by such fraudulent use and FOBX reserves the right to charge the credit
card identified in your Customer Registration Data an amount equal to such
damages.
- Changes in Agreement, Fee Schedule or Fresh OBX Groceries Service.
FOBX may at any time change any of the terms of this Agreement or the FOBX
fee schedule including, but not limited to, the amount of, or basis for determining,
any fees or charges for the Fresh OBX Groceries service. If FOBX makes material
changes to this Agreement or changes to the FOBX fee schedule, Fresh OBX Groceries
will provide notice to you in a manner provided in this Agreement. Your use
of the Fresh OBX Groceries service after any such change will be conclusively
deemed acceptance of such change. Fresh OBX Groceries may discontinue or revise
any or all aspects of the FOBX service without prior notice to you. Price
and availability of products are also subject to change without notice. If
any change is unacceptable to you, you may cancel your Fresh OBX Groceries
Service and terminate this Agreement.
- Termination. Fresh OBX Groceries may suspend or terminate
your access to the FOBX service at any time for any reason with or without
notice to you. You may terminate your FOBX service at any time for any reason
by delivering notice in a manner provided in this Agreement which termination
will be effective the day notice is received or such later date specified
in the notice. If you terminate your FOBX Service for any reason, you will
not be entitled to a refund of any fees. FOBX reserves the right to collect
fees and charges incurred before you cancel your FOBX Service. In addition,
you are responsible for any charges incurred to third-party vendors or content
providers prior to your cancellation.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF
THE Fresh OBX Groceries SERVICE, www.talking-pages.com AND THE INTERNET IS
ENTIRELY AT YOUR OWN RISK. THE Fresh OBX Groceries SERVICE, www.talking-pages.com
AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMITTED BY LAW, ONE CLICKGROCERY, INC. DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Fresh OBX Groceries DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY www.talking-pages.com
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT www.talking-pages.com OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER Fresh OBX Groceries NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS
AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE
FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF,
OR INABILITY TO USE, THE Fresh OBX Groceries SERVICE, www.talking-pages.com,
THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP
WITH Fresh OBX Groceries. Fresh OBX Groceries LIABILITY IS LIMITED TO CREDITING
YOUR ACCOUNT FOR PRODUCTS SOLD BY Fresh OBX Groceries AND RETURNED BY YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY
ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- The material on www.talking-pages.com is provided for lawful purposes only.
Fresh OBX Groceries Inc. controls and operates www.talking-pages.com from
its headquarters in Syracuse, New York, USA and makes no representation that
these materials are appropriate or available for use in other locations. If
you use www.talking-pages.com from other locations, you are responsible for
compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold
Fresh OBX Groceries and its Associates harmless from any claims and expenses,
including attorney's fees, arising in connection with a violation of this
Agreement by you or through use of your account.
- Privacy and Security. Your privacy is important to us here
at Fresh OBX Groceries. We want to make you feel comfortable and secure shopping
in our store. This privacy policy explains the types of information we gather,
how it is protected, what we do with it and how you can correct or change
information. By shopping at talking-pages.com, you are accepting the practices
described in this Privacy Policy. When you register with Fresh OBX Groceries,
you provide us with your name, billing and delivery addresses, e-mail address,
telephone number, and credit card account number and expiration date. You
select a username and password allowing you access to the Fresh OBX Groceries
service. Your password should be kept strictly confidential to prevent unauthorized
use. While using the Fresh OBX Groceries service, you may give us special
shopping and delivery instructions, which we store and use to pick and deliver
your order to your specifications. Fresh OBX Groceries also receives and stores
certain types of information whenever you interact with us through the use
of "cookies." Cookies are identifiers transferred to your computer's hard
drive through your Web browser which enable our systems to recognize your
browser and to provide you with certain shopping features. These "cookies"
allow us to give you customized and personalized service and helps us identify
ways to improve your shopping experience. Cookies are also used to help us
track responses to messages sent on behalf of our advertisers so that Fresh
OBX Groceries may aggregate such information and report results to them. If
you choose to reject or disable cookies, you will be unable to use those Fresh
OBX Groceries Services that require the use of such cookies. Fresh OBX Groceries
uses your information to enhance and personalize your shopping experience.
Fresh OBX Groceries does not sell personal information about individual customers
(such as name, address, e-mail address, credit card information) to third
parties, sell or rent lists of customers or use information about individual
customers except to provide our service or as described below.
- Aggregated Information. FOBX may use aggregated information
regarding its customers and usage of the FOBX service (such as customer
demographics and traffic patterns) and disclose such aggregated information
to advertisers, partners and others for various purposes.
- Third Party Service Providers. FOBX may employ other
companies and individuals to perform certain functions such as processing
credit card payments and analyzing data. They may have access to personal
information to perform their functions.
- Sale of Business. FOBX may transfer Customer Registration
Data and other personal information in connection with the sale of FOBX
or the sale or transfer of its business operations in your geographic area
to a third party provider of grocery ordering or delivery services who agrees
to be bound by this Privacy Policy until you consent that such information
will be governed by the policies and terms of such third party provider.
- Enforcement of Agreement or Compliance with Law. FOBX
may use or disclose personal information when FOBX believes it is appropriate
to enforce this Agreement, to protect the rights, property or safety of
FOBX or its users or to comply with the law.
- You may at any time review and change your personal information stored
by talking-pages.com by accessing the My Account page at talking-pages.com.
You may also request that FOBX permanently remove all personal information
stored by FOBX at any time by delivering notice requesting such removal.
Upon such request, FOBX will remove all such information and will not thereafter
use personally identifiable information about you in any way. Such request
will automatically terminate your One Click Gorcery Service. At Fresh OBX
Groceries, we want you to feel safe while shopping with us. That's why we
use the THAWTE brand to verify our standing. THAWTE verifies our address
and business standing for your comfort. In addition they encrypt all of
your personal information, including name, address and credit card number,
as it is submitted to our Webserver. Once received, your personal information
is stored in our secure data center.
- Legal and Miscellaneous
- This Agreement states your entire agreement with Fresh OBX Groceries
regarding the use of the Fresh OBX Groceries Service and www.talking-pages.com.
If any portion of this Agreement is held invalid or unenforceable, that
portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the parties, and the
remainder of this Agreement shall remain in full force and effect.
- The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right.
- This Agreement shall be governed by the laws of the State of New York
without regard to its conflict of laws rules. You expressly agree that
exclusive jurisdiction for any claim or dispute with Fresh OBX Groceries
Inc. or its Associates or relating in any way to your use of the Fresh
OBX Groceries or www.talking-pages.com resides in the courts of New York,
and you further consent and agree to personal jurisdiction by the state
and federal courts sitting in the State of New York in connection with
any such dispute.
- Any cause of action by you must be instituted within one year after
the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Fresh OBX
Groceries and its Associates, and each shall have the right to assert
and enforce the provisions directly on their own behalf. Sections 7 and
8 of this Agreement and all obligations and restrictions placed upon you
or your permitted users by this Agreement shall survive termination of
your Fresh OBX Groceries service.
- Notices. Fresh OBX Groceries may give notice to you of
a change in this Agreement, a change in the FOBX Fee Schedule, and any other
matter by general posting on www.talking-pages.com, by electronic mail. You
may give notice to FOBX by telephone (252-489-4754), by electronic mail (visit
Contact Us on www.talking-pages.com), or by conventional mail to:
Fresh
OBX Groceries, Inc.
2236 South Croatan Hwy
Suite 6-123,
Nags Head NC 27959
Attention: TERMS AND CONDITIONS
If
you have any questions about this agreement, please call us at 252-489-4754
or email us at info@talking-pages.com.
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