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Customer Agreement

Welcome to ExceedFoods.com. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and Exceed Trading, Inc. ("ExceedFoods.com") that states the terms and conditions under which you may use the Site and receive the ExceedFoods.com service, which includes processing and delivery of product orders (the "ExceedFoods.com Service"). Your use of the ExceedFoods.com Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the ExceedFoods.com Service.

If you have any questions about this Agreement or the Site please contact our Customer Service team by e-mail.

ExceedFoods.com Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just contact us via Customer Inquiry e-mail. You have up to seven days after delivery, or until the expiration date printed on the product -- whichever is earlier -- to return grocery or perishable products. ExceedFoods.com may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher. We reserve the right to sell some products without an absolute guarantee. See some exceptions here.

ExceedFoods.com Service
Ordering through the Site. Orders must be received before 6 p.m. Eastern time for next business day shipment. Orders received after 6 p.m. will ship in two business days. You cannot modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) after an order has been placed and paid for.

Price and Availability. At ExceedFoods.com we believe in offering our customers the best product at the best price. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and refund your credit card or checking account.

Delivery of Products. ExceedFoods.com ships through FedEx to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you store all food items appropriately. We guarantee your products will remain fresh in the delivery box at room temperature (78 degrees) for twenty-four (24) hours from the time of delivery.

FedEx cannot wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please contact us via our Customer Inquiry e-mail form.

Payment. Your credit/debit card or bank account will be charged through Paypal for your order when you place the order. Your right to use the ExceedFoods.com Service is subject to limits established by ExceedFoods.com and/or by your credit card issuer or bank.

ExceedFoods.com does not accept paper checks, food stamps, or coupons at this time.

Third-Party Information Providers and Merchants. In the future, the ExceedFoods.com Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by ExceedFoods.com. In such instances, ExceedFoods.com acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. ExceedFoods.com makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that ExceedFoods.com makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, ExceedFoods.com. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Fresh Direct for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ExceedFoods.com is strictly prohibited. You acknowledge that ExceedFoods.com and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. ExceedFoods.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from ExceedFoods.com.

Trademarks. "ExceedFoods.com," all ExceedFoods.com logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of ExceedFoods.com or otherwise proprietary to ExceedFoods.com 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 in the ExceedFoods.com Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the ExceedFoods.com Service.

Access to the ExceedFoods.com Service
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the ExceedFoods.com Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the ExceedFoods.com Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time the ExceedFoods.com Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ExceedFoods.com may undertake from time to time; or (iii) causes beyond the control of ExceedFoods.com or which are not reasonably foreseeable by ExceedFoods.com.

Paypal Account. You are responsible for all orders made on ExceedFoods.com through your Paypal account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the ExceedFoods.com Service. Paypal does not share any financial information with us, we are therefore not responsible for ensuring that your personal and payment information remain confidential. By using your Paypal account to access the ExceedFoods.com service, you agree and accept responsibility for keeping your Paypal account information secure, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer.

Corrections. If you would like to update or correct information previously provided to us, please send hereus an e-mail with your new information, or you can update your account information yourself by going to Your Account on the ExceedFoods.com Site.

Privacy Policy. Please review our Privacy Policy, which also governs your visit to the ExceedFoods.com Site and use of the ExceedFoods.com Service, to understand our practices.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur when you access our Site, and you agree not to engage in unacceptable use of the ExceedFoods.com Service, which includes, without limitation, use of the ExceedFoods.com Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the ExceedFoods.com Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by ExceedFoods.com to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE EXCEEDFOODS.COM SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE EXCEEDFOODS.COM SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEEDFOODS.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCEEDFOODS.COM SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE EXCEEDFOODS.COM SERVICE; EXCEEDFOODS.COM DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. EXCEEDFOODS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE EXCEEDFOODS.COM SERVICES. EXCEEDFOODS.COM DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER EXCEEDFOODS.COM NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "EXCEEDFOODS.COM PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE EXCEEDFOODS.COM SERVICE, OR THE INTERNET. EXCEEDFOODS.COM'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE EXCEEDFOODS.COM SERVICE AND TO TERMINATE THIS AGREEMENT. EXCEEDFOODS.COM RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. ExceedFoods.com controls and operates this Site from its headquarters in Bronx, New York, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

You agree to defend, indemnify, and hold ExceedFoods.com Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Miscellaneous
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. ExceedFoods.com may suspend or terminate this Agreement or the ExceedFoods.com Service or remove or disable access to any portion of the ExceedFoods.com Service at any time for any reason with or without notice to you. You may terminate this Agreement and your ExceedFoods.com Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. ExceedFoods.com reserves the right to collect fees and charges incurred before you cancel your ExceedFoods.com Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. ExceedFoods.com may give notice to you of a change in this Agreement, a change in the ExceedFoods.com Fee Schedule, and any other matter through a general posting on the ExceedFoods.com Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to ExceedFoods.com by electronic mail as specified in the "Help" section of the ExceedFoods.com Web site.

Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with ExceedFoods.com regarding the use of the ExceedFoods.com Service and the ExceedFoods.com Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, ExceedFoods.com, and ExceedFoods.com Parties. 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 ExceedFoods.com or relating in any way to your use of the ExceedFoods.com Service or the ExceedFoods.com Site resides in the federal and state courts of New York and you further expressly 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, including any claim involving ExceedFoods.com Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of ExceedFoods.com Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your ExceedFoods.com Service.

Amendment. ExceedFoods.com may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on May 11, 2006.


 
   

© 20052006, Exceed Trading, Inc. All rights reserved. ExceedFoods, ExceedFoods.com, 'Nigerian Foods. One Click Away', the ExceedFoods.com logo, and Exceed Trading are trademarks or service marks of Exceed Trading, Inc.
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