In consideration of Food Temptation LLC (Foodtemptation.com," "we," "us" or "our") providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access) access our Internet website,
Foodtemptation.com (the "Site"), and the information, documents, reports, data, features, functionalities and software that may be offered to you through the Site and the other materials on the Site (collectively, and as such may be revised from time to time by us, the "Content"), and, if applicable, you becoming a Producer, you hereby agree to the following terms and conditions (together with Becoming a Producer Terms and Conditions, if agreed by you, collectively, these "Terms of Use"):
Foodtemptation.com is owned and operated by Food Temptation LLC. Our merchant network is solely a facilitator of communications between the merchant members and users. We are in no way responsible for the quality of goods or services offered by its merchant members.
Please see the Site's Help section for detailed instructions on how to resolve problems with orders and other customer service issues. All questions regarding products or merchant services featured on the Site should be directed to the appropriate merchant.
Please see our Awards Program Terms of Use for additional terms and conditions applicable to Temptation Points and Tell a Friend promotions. Please note that in our sole discretion at any time and with or without notice, we may offer further incentives or promotions, shorten or extend the duration of any incentive or promotion program and/or terminate or modify any incentive or promotion program.
The information regarding price, product specifications and availability contained on the Site has been provided by member merchants. The prices charged by the member merchants are generally the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although
Foodtemptation.com attempts to make certain that the prices listed on the Site and those posted in the stores on the date they are viewed on the Site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchants that use third party delivery services may sometimes be different than those charged in their physical stores.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Site are different, the checkout price will prevail in every case.
Foodtemptation.com has undertaken to confirm the accuracy of the information contained on this Site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Of course, if you become aware that the Site contains inaccurate information, please let us know by contacting us.
Placing orders for Alcoholic beverages and/or tobacco products using the site

By using the Site to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:
(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty-one (21) years of age 
    and alcoholic beverages may be sold and delivered only to persons who are at least twenty (21) years of age or older;
(B) That you are at least twenty-one (21) years of age or older;
(C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products;

(Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S.(NYS, ABC Law Section 65-b.2(b))
(D) that sale of alcohol beverages and/or tobacco products to you is made by the participating merchants and NOT 

(E) that neither
Foodtemptation.com nor any of our affiliates or our or their partners, officers, directors, employees, shareholders 
    or agents (collectively "
Foodtemptation.com Parties") shall have any liability to you or any third party in connection with 
    purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; 
(F) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless 

Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of 
    any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or
    are related  to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic
    beverage(s) and/or   tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption 
    of  alcoholic beverage(s)  and/or  tobacco product(s), and/or (v) any and all consequences of any of the foregoing.

Property rights in the site and content; informational purposes and compliance with law
The Site and the Content are our property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Site or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. Use of the Site or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. You agree not to use the Site or the Content for any unlawful purposes and comply with any and all requests from us to protect our respective rights in the Site and the Content. You may use the Site and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright or other notices contained in the Content. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site and the Content for any commercial purpose except for those expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site. If you have any questions about any materials posted on the Site, we urge you contact your
Foodtemptation.com representative.
Foodtemptation.com content, products and services mentioned on the site
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized
Foodtemptation.com employee spokespersons while acting in their official capacities.
We do not review and assume no responsibility for any content received from, or created by, any third parties. Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, whether provided by
Foodtemptation.com, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, including their quality.

In the event you use the Site or the links included on the Site to gain access to any World Wide Web site or any Internet location or a source of information of any company, organization or person other than
Foodtemptation.com, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any content or links found at any such site, location or source, for your use of such information, or for any such site's, location's or source's use of any information you submit to them. We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. The fact that we have provided a link to any non- Foodtemptation.com site, location or source does not signify our endorsement of the site or its contents. There are inherent risks in the use of any software and/or content found on the Internet, and you acknowledge that you understand these risks.
We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site, we from time to time may provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. We reserve the right to revoke or modify the User Codes at any time without prior notice.
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right to monitor any and all use of the Site.
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
The site and the content is provided to you on an "as is," "as available" basis.
Foodtemptation.com and its affiliates disclaim any and all warranties of any kind, either express or implied, including implied warranties of merchantability, quality, accuracy, completeness, fitness for a particular purpose, non-infringement, timeliness and error-free uninterrupted services. as to the operation of the site, Foodtemptation.com makes no warranty that (I) the operation of the site will meet your requirements, (II) access to the site will be uninterrupted, or (III) defects, if any, will be corrected. you (and not Foodtemptation.com) 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 other problems you may have as a result of visiting the site. to the extent that the law does not permit the disclaimer of warranties, all content accessible on the site, or any other site, location or source to which we link, and all operations on the site are warranted only to the minimum amount legally required. by using the site, you specifically agree that you will not hold Foodtemptation.com or its affiliates liable to you or any party for any damages or injury or loss, including any and all direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, including the ones that may result from the use of, or the inability to use, the site or the content (or any other linked site, location or source), whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of content available on the site (or any other linked site, location or source). neither Foodtemptation.com nor its affiliates will be liable for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, even if advised of the possibility of such damages. such damages include damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure, computer virus or other harmful component.
You hereby represent and warrant that:
(G) (i) you are the person to whom the User Codes you used to access the Site were issued by us and the information you provided 
     to us in connection with the issuance of the User Codes, if any, was and is accurate and complete, or (ii) you are accessing the 
     Site on behalf of  the company or organization to whom the User Codes you used to access the Site were issued by us;
(H) if you are accessing the Site on behalf of the company or organization to whom the User Codes you used to access the Site were
     issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms 
    of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site;
(I) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets
     associated with the Site;
(J) if we grant you access to the Site in your individual capacity, you are of the age of majority; and
(E) you have all consents, rights and authority to provide any and all information transmitted by you to us using the Site, all such 
    information  is accurate and complete and we may rely on it.
You shall indemnify and hold harmless
Foodtemptation.com, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, and/or (ii) your access to and/or use of the Site and/or the Content.
The Site is published in the United States. You agree that any access to or use of the Site or the Content will be deemed to be entirely at our facility in Jersey City, under and subject to applicable New Jersey State and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in Jersey City and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of New Jersey. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.
We may at any time and for any reason (a) with or without prior notice to you, modify or discontinue, in whole or in part, any portion of the Site (including the Content or hours of availability) and/or your access to the Site, and (b) upon written notice or posting to the Site, modify these Terms of Use. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and will survive the termination of your access to, and use of, the Site, and your relationship with us. You agree that if you use the Site and/or the Content after such notification of changes in the Terms of Use, you will be bound by all such changes.
Neither we nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.
These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site and to use the Content and, if applicable, you becoming a Producer, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies that we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site.
We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site intend to form a legally binding contract between you and
Foodtemptation.com (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

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