Introduction
Welcome to AsianFoodFans.com , your reliable
online ordering system for Asian food restautants. This site is provided by Asian Food Alliance(AFA).
as a service to our customers.
Please review the following basic rules that govern your use of the AFA site.
(the "Agreement"). Please note that your use of the AFA site (the "Site")
constitutes your unconditional agreement to follow and be bound by these Terms
of Use. Although you may "bookmark" a particular portion of this Site and
thereby bypass this Agreement, your use of this Site still binds you to these
Terms of Use. AFA reserves the right to update or modify these Terms of Use
at any time without prior notice to you. Your use of the Site following any such
change constitutes your unconditional agreement to follow and be bound by these
Terms of Use as changed. For this reason, we encourage you to review these Terms
of Use whenever you use this Site.
Use of this site
By accepting these Terms of
Use through your use of the Site, you certify that you are 18 years of age or
older. If you are under the age of 18 but at least 13 years of age you may use
this Site only under the supervision of a parent or legal guardian who agrees to
be bound by these Terms of Use. AFA does not intentionally collect personal
information about children under the age of 13. Children under the age of 13 may
not use this Site and parents or legal guardians may not agree to these Terms of
Use on their behalf. If you are a parent or legal guardian agreeing to these
Terms of Use for the benefit of a child between the ages of 13 and 18, be
advised that you are fully responsible for his or her use of this Site,
including all financial charges and legal liability that he or she may incur. If
you do not agree to (or cannot comply with) any of these terms and conditions,
do not use this Site. All billing and registration information provided must be
truthful and accurate. Providing any untruthful or inaccurate information may
constitute a breach of these Terms of Use. By confirming your purchase at the
end of the checkout process, you agree to accept and pay for the item(s)
requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Site (collectively, the "Contents") are
intended solely for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or
any related software. All software used on this Site is the property of AFA
or its customers and protected by U.S. and international copyright laws. The
Contents and software on this Site may be used only as a purchasing resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents on this
Site is strictly prohibited. AFA is a trademark of Asian Food Alliance.
Objectionable Material
You understand that by using
this Site or any services provided on the Site, you may encounter Content that
may be deemed by some to be offensive, indecent, or objectionable, which Content
may or may not be identified as such. You agree to use the Site and any service
at your sole risk and that AFA and its affiliates shall have no liability to
you for Content that may be deemed offensive, indecent, or objectionable.
Copyrights and Trademarks
Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by AFA, one of its affiliates or by
third parties who have licensed their materials to AFA and are protected by
USA. and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this site is the
exclusive property of AFA and is also protected by USA and its
international copyright laws.
AFA and its customers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this Site does not
confer and shall not be considered as conferring upon anyone any license under
any of AFA’s or any third party's intellectual property rights. The AFA
names and logos and all related product and service names, design marks and
slogans are the trademarks or service marks of Asian Food Alliance. All
other marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials contained on
this Site. Access to this Site does not authorize anyone to use any name, logo
or mark in any manner.
References on this Site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply
AFA’s endorsement, sponsorship or recommendation of the third party,
information, product or service. AFA is not responsible for the content of
any third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to link to any such
third party web sites, you do so entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless AFA and its affiliates from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or
AFA. You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. AFA also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in AFA’s sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of the
Agreement by either you or AFA, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. AFA’s right to
any Comments shall survive any termination of this Agreement.
Disclaimer
This site is provided by AFA on an "as is" and "as available" basis. AFA
makes no representations or warranties of any kind, express or implied, as to
the operation of the site or the information, content, materials, or products
included on this site. To the full extent permissible by applicable law, AFA
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, AFA disclaims any and all warranties, express
or implied, for any merchandise offered on this site. you acknowledge, by your
use of the AFA web site, that your use of the site is at your sole risk. This
disclaimer does not apply to any product warranty offered by the manufacturer of
the item. This disclaimer constitutes an essential part of this agreement. Some
states do not allow limitations on how long an implied warranty lasts, so the
foregoing limitations may not apply to you.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall AFA or any of its affiliates,
employees, directors, officers, agents, vendors or suppliers be liable to you or
to any other person for any indirect, special, incidental or consequential
losses or damages of any nature arising out of or in connection with the use of
or inability to use the AFA web site, including, without limitation, damages
for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, or computer failure or malfunction, even if an authorized
representative of AFA has been advised of or should have known of the
possibility of such damages. In no event will AFA be liable for any damages
in excess of the fees paid by you in connection with your use of the site during
the six month period preceding the date on which the claim arose.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. Some situations that may result in your order being
canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our
credit and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will contact you if
all or any portion of your order is canceled or if additional information is
required to accept your order.
Pricing Information
While AFA strives to provide accurate product and pricing information,
pricing or typographical errors may occur. AFA cannot confirm the price of an
item until after you order. In the event that an item is listed at an incorrect
price or with incorrect information due to an error in pricing or product
information, AFA shall have the right, at our sole discretion, to refuse or
cancel any orders placed for that item. In the event that an item is mis-priced,
AFA may, at our discretion, either contact you for instructions or cancel
your order and notify you of such cancellation.
Force Majeure
The Restaurants shall not be held responsible for the delay in non-delivery of the
foods due to war, earthquake, serious flood, fire and other
Force majeure causes agreed by both parties. However, the Restaurants shall advise
the Customers by fax/telex, immediately of such occurrence and within fourteen days
thereafter, shall send by airmail to the Buyers for their acceptance a
certificate issued by the competent authorities of the place where the accident
occurs as evidence thereof. Under such circumstances the Restaurants, however, are
still under the obligation to take all necessary measures to hasten the delivery
of the foods. In case the late delivery exceeds ten weeks, the Customsers shall have
the right to cancel this Contract.
Arbitration
where the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such dispute to American International Economic and
Trade Arbitration Commission for arbitration which shall be conducted in
accordance with the Commission's arbitration rules in effect at the time of
applying for arbitration. The arbitral awards are final and binding upon both
parties.
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. Headings used
in these Terms of Use are for reference purposes only and in no way define or
limit the scope of the section. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure of AFA to act with respect
to a breach of this Agreement by you or others does not constitute a waiver and
shall not limit AFA’s rights with respect to such breach or any subsequent
breaches. This Agreement shall be governed by and construed under law without
regard to conflicts of law provisions. Any action or proceeding arising out of
or related to this Agreement or your use of this Site must be brought in the
Colorado Court and you consent to the exclusive personal jurisdiction of
such courts.