Term of Use

Welcome to Sfoodmart.com. Transocean Resources Management, Inc and/or its affiliates (“Sfoodmart”) provide website features and other products and services to you when you visit or shop at Sfoodmart.net, use Sfoodmart products or services. These Terms of Use, as may be modified by Sfoodmart from time to time (the “Terms”), constitute a legally binding agreement between you and Sfoodmart.net that applies to your Sfoodmart.net account and your use of the Services, including any viewing or submission of content in the Services. Sfoodmart provides the Sfoodmart Services subject to the following conditions.

Please read the following terms and conditions of use carefully before using the website.

YOUR AGREEMENT TO THESE TERMS

By using Sfoodmart Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Sfoodmart Services, and sometimes additional terms may apply. When you use a Sfoodmart Service you also will be subject to the guidelines, terms and agreements applicable to that Sfoodmart Service (“Service Terms”). You are authorized to use the Services only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Services immediately. We reserve the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Services. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. Your use of, or participation in, certain Services may also be subject to different or additional terms without advanced notice. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Use of the Services is also governed by our Privacy Policy, which is available on the Sites and is incorporated into these Terms by this reference.

ELECTRONIC COMMUNICATIONS

When you use any Sfoodmart Service, or send e-mails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, live chat, texts, mobile push notices, or notices and messages on this site or through the other Sfoodmart Services.

COPYRIGHT

All content included in or made available through any Sfoodmart Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of Sfoodmart or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Sfoodmart Service is the exclusive property of Sfoodmart and protected by U.S. and international copyright laws.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sfoodmart.net or purchasing Sfoodmart.net products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sfoodmart.net or to purchase Sfoodmart.net products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sfoodmart.net. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

Sfoodmart’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sfoodmart Service are trademarks of Sfoodmart in the U.S. and other countries. Sfoodmart’s trademarks may not be used in connection with any product or service that is not Sfoodmart’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sfoodmart. All other trademarks not owned by Sfoodmart that appear in any Sfoodmart Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sfoodmart.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Sfoodmart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sfoodmart Services. This license does not include any resale or commercial use of any Sfoodmart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sfoodmart Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sfoodmart or its licensors, suppliers, publishers, rightsholders, or other content providers. No Sfoodmart Service, nor any part of any Sfoodmart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sfoodmart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sfoodmart without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sfoodmart’s name or trademarks without the express written consent of Sfoodmart. You may not misuse the Sfoodmart Services. You may use the Sfoodmart Services only as permitted by law. The licenses granted by Sfoodmart terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT

If you use any Sfoodmart Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sfoodmart.net without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.

You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes. Sfoodmart reserves the rights to refuse service to any accounts including but not limit to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at Sfoodmart’s sole discretion.

AGE REQUIREMENT

Sfoodmart does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sfoodmart Services only under the supervision of a parent or guardian. Alcohol and adult product listings on Sfoodmart are intended for adults only. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol; you must be at least 18 years of age to view or purchase adult related products. Sfoodmart is not responsible for purchases made by anyone under the required age to use our website. Sfoodmart reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate Sfoodmart’s communications policy. Sfoodmart.net does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sfoodmart.net is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sfoodmart.net reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited messages, (e) or otherwise unacceptable to Sfoodmart.net in its sole discretion.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sfoodmart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Sfoodmart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sfoodmart and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sfoodmart for all claims resulting from content you supply. Sfoodmart has the right but not the obligation to monitor and edit or remove any activity or content. Sfoodmart takes no responsibility and assumes no liability for any content posted by you or any third party.

Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments is strictly forbidden. Impersonation of others, including a Sfoodmart.net or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

RISK OF LOSS

All items purchased from Sfoodmart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Sfoodmart does not issue a refund to returned item(s) until the item arrives and been inspected at our returns center. Your refund will be issued back to your original form of payment in the following orders: original form of payment. At our discretion, a refund may be issued without requiring a return. In this situation, Sfoodmart does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy

PRODUCT DESCRIPTIONS

Due to product improvements design, specifications are subject to change without notice. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Sfoodmart does not warrant that product descriptions or other content of any Sfoodmart Service is accurate, complete, reliable, current, or error-free. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. If a product offered by Sfoodmart itself is not as described, your sole remedy is to return it in unused condition.

SALES TAX & REGULATORY FEES

Items sold on Sfoodmart.net and shipped to destinations in the following states are subjected to tax:

• Pennslyviannia

If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.

PRICING

Prices are subject to change without notice. We do our best to make sure that all of the information on this site is accurate. Despite our best efforts, sometimes an item may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Sfoodmart reserves the right to cancel any orders placed for product listed at the incorrect price.

• If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SFOODMART SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SFOODMART SERVICES ARE PROVIDED BY SFOODMART ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SFOODMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SFOODMART SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SFOODMART SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SFOODMART SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SFOODMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SFOODMART DOES NOT WARRANT THAT THE SFOODMART SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SFOODMART SERVICES, SFOODMART’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SFOODMART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFOODMART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SFOODMART SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SFOODMART SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sfoodmart.net, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.