FABKO LLC, 210 Trumbull Street, Elizabeth, NJ 07206
Last updated: JANUARY 20, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the fabko.com website (the "online store") operated by Fabko LLC ("us", "we", or "our").
Your access to and use of the online store is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1. Copyrights. All Fabko design, text, graphics, photos and images, the
choice and arrangement thereof, and all software (all
“Copyrighted Material”) are owned exclusively by FABKO. confers to you
you a non-exclusive, revocable license to view, electronically copy
and print parts of the Site for the only purpose of placing an
order with FABKO.COM or using the Site as a shopping aid. Any other
use of materials on the Site, including reproduction, modification,
distribution, or republication.
2. All unauthorized use of the Trademarks is strictly prohibited. All copying or reproduction of
the design and layout of the Site is not allowed. All other
trademarks, product names and company names or symbols or other designs herein are under
ownership of their respective owners.
3. Use. You may only access and use the Site for your own
non-commercial, informational, and personal use.
4. Information about the Products on the website.
FABKO LLC has made an effort to provide
accurate information on the Site as a service to its users, FABKO
makes no appearance as to the preciseness, aptness, its accordance with the law, ownership or any other aspects of any nutritional data or ingredient listings of products.
5. Links to Other Sites. As a convenience to FABKO users, the Site may
contain links to websites conserved by third parties. These websites are
under the governance of FABKO.
6. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS
SITE ARE FURNISHED "AS IS," AND FABKO AND ITS SUPPLIERS DECIDEDLY
DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY
FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RELATING TO THIS MATERIAL. FABKO DOES NOT REPRESENT OR ALLEGE THAT
THE INFORMATION PROVIDED VIA THIS SITE IS ACCURATE, COMPLETE OR
UP-TO-DATE, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE
WITHOUT NOTICE. No guarantee is given that access to any information or
materials on the Site, or this Site as a whole will be provided
without interruption or errorless or that any identified defect will
be corrected. Further, no guarantee is given that the Site or any
information or materials are free from any virus or other malicious,
destructive or corrupting code, agent, program, or macros. FABKO may
change the programs or products to which it refers at any time without notice.
Reference to non-FABKO products or services is for information purposes
only and determines neither an endorsement nor a recommendation.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW,
FABKO REJECTS FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER
PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR
FOR DECREASE OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION
OR DATA, OR OTHER FINANCIAL LOSS OR DECREASE ARISING OUT OF OR REGARDING THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND
THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF FABKO HAS BEEN
COUNSELED AS TO THE POSSIBILITY OF SUCH DAMAGES.
8. Notice to Consumers. Some countries, states, or provinces do not
permit the exclusion or limitation of implied guarantees or the
limitation of incidental or related damages or the curtailment of
liability for personal injury, so these above mentioned limitations and exclusions
may be limited in their application to you.
9. Applicable Laws. Export of any material from the FABKO Site outside
of the United States is subject to all U.S. export control laws and
you agree to observe such laws. ANY CLAIMS IN REGARDS TO THE MATERIALS
OR THE SITE WILL BE GOVERNED BY NEW JERSEY LAW, NOT INCLUDING ITS CONFLICTS OF
LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH FABKO EMERGING FROM
YOUR USE OF THE SITE WILL BE FILED EXCLUSIVELY IN THE STATE OR
FEDERAL COURTS LOCATED IN THE STATE OF NEW JERSEY, AND WITH THIS YOU AGREE THAT THIS VENUE IS APPROPRIATE.
10. Adjustments to Terms and Conditions. FABKO may reconsider these Terms
and Conditions at any time. Revisions will be announced on this page and
it is the user’s responsibility to review the page from time to time to
assure compliance. If FABKO requests from you to stop using
and/or to at once return or destroy any copies of the materials
displayed on the Site, you will immediately fullfil this request
and will confirm in writing to FABKO within ten (10) days that you
PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS
SECTION FORM THE ENTIRE AGREEMENT BETWEEN FABKO AND YOU (THE
"CUSTOMER") FOR THE SALE OF PRODUCTS BY FABKO TO YOU. BY ORDERING
PRODUCTS, YOU CONSENT TO BE OBLIGATED TO THESE TERMS AND CONDITIONS.
FABKO may revise or cease products at any time.
FABKO will ship products that have the same qualities and
characteristics of the products ordered, but changes between what is
shipped and what is described on the Site are feasible, and FABKO
reserves the right to replace with an equivalent or better product.
FABKO maintains the right, without prior notification and in its sole
discretion, to restrict the order quantity on any item and/or deny
service to anyone.
We reserve the right to refuse to ship some sensitive product during certain times of the year. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. In the unlikely event that you have any reason to believe that any other Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
You are not permitted to resell or otherwise use the Products for commercial purposes.
3. Orders; Payment; No Resale. Orders are under consideration for acceptance by
FABKO. Payment must be received by FABKO before FABKO’s acceptance of
an order and must be made by credit card or other previously arranged payment
method. Customer shall pay interest on all past-due amounts at the highest
rate permitted by law.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Accounts. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Customer is obligated to pay all applicable taxes that may be
levied on the sale of FABKO articles, including without restriction,
duties, customs, sales, and withholding the taxes. Customer is not
liable for Fabko franchise taxes or taxes on Fabko's
income. If appropriate, a separate charge for taxes will be displayed on
Customer is responsible for all shipping and handling
charges. An additional charge for shipping and handling will be shown on
Customer’s invoice. FABKO will ensure a refund for damaged or destroyed items pursuant to its refund policies.
7. Availability, Errors and Inaccuracies, Exchanges.
Sometimes, FABKO may, in its sole discretion,
replace products or portions of a product. Any exchanges will be made
pursuant to Fabko's exchange policies in force on the date of the exchange.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Should there arise a problem with a product, FABKO will apply
reasonable efforts to correct the problem pursuant to
Fabko policy of satisfaction.
9. Limited Warranties.
FABKO DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND APPROPRIATENESS FOR A SPECIFIC PURPOSE.
10. Limitation of Liability.
WITH EXCEPTION OF PERSONAL INJURY OR DEATH, FABKO
TOTAL LIABILITY, WHETHER PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY,
IS LIMITED TO THE PRICE YOU ACTUALLY RENDERED TO FABKO FOR THE PRODUCTS
FABKO SOLD TO YOU WHICH FORM THE GROUNDWORK OF YOUR CLAIM. TO THE FULLEST
EXTENT PERMITTED BY LAW, FABKO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY
LIABILITY, WHETHER PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY,
FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL. INDIRECT, OR PUNITIVE DAMAGES
OF ANY KIND WHATSOEVER, OR FOR LOSS AND DECREASE OF REVENUE, INCOME OR PROFITS, LOSS OF INFORMATION OR DATA, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS, EVEN IF FABKO HAS
BEEN INSTRUCTED OF THE PLAUSIBILITY OF SUCH DAMAGES.
In no event shall fabko inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless fabko inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fabko inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
15. Notice to Consumers.
Some countries, states, or provinces do not
allow the exclusion or limitation of implied guarantees or the
limitation of incidental or relating damages or the limitation of
liability for personal injury, so the above curtailments and exclusions
may be limited in their application to you.
16. Contests, Sweepstakes and Promotions
17. Governing Law.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF NY (EXCEPT AS PERTAINING TO CONFLICTS OF LAW). THE PARTIES
HEREBY AGREE TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE
FEDERAL AND/OR STATE COURTS SITUATED IN NEW JERSEY, FOR ALL CLAIMS WHATSOEVER
ARISING OUT OF OR REGARDING THIS AGREEMENT.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
18. General Legal Provisions.
Customer will adhere to all applicable
laws and regulations, including U.S. export laws, rules and regulations. The terms andconditions set forth herein determine the entire agreement between
FABKO and Customer. Any changes of this agreement must be in writing and signed by both sides. The waiver by one party of any
default of the other party will not waive subsequent defaults of the same or another kind. Neither party will be responsible for any
failure to perform because of unforeseen circumstances or to causes beyond its control.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service
If you have any question about that terms and condition, Please contact us at email@example.com