Terms Of invoice Amount variance
1. Variance. Island Wholesale Meats and Foods reserve the right to adjust invoice quantity amounts at the time of and/or prior to, and/or post delivery based upon the actual delivery quantity. Island-Wholesale.com may use estimates and averages on certain products in website calculations to arrive at website invoice and shipping amount estimates. Actual invoice billing amounts may or may not vary at the time of product delivery to customer. You, as a user of Island-Wholesale.com, agree to pay the invoice amount based on the quantity at the time of product delivery to you. You, as a user of Island-Wholesale.com, agree that the website invoice amount calculated at the time of online order placement are to be used only as estimates, and actual owed balances may or may not differ.
Terms Of Access
2. Your Island-Wholesale.com Account. By completing the Island-Wholesale.com registration process, you represent that you and anyone to whom you give access to your Island-Wholesale.com account are at least 18 years old. Upon acceptance of your account registration, Island Wholesale Meats and Foods will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by Island Wholesale Meats and Foods and the password provided to you or that you select for your account. You are responsible for all purchases made and charges incurred on your Island-Wholesale.com account, including applicable taxes, either by you or anyone you allow to use your account. You agree that the use of your Island-Wholesale.com user ID and password shall constitute your electronic signature and be considered the equivalent of your manual written signature. Island Wholesale Meats and Foods reserve the right to change its prices, fees, or billing methods at any time. Your user ID and password should be considered confidential. You agree to restrict use of your user ID and password to authorized users. You agree to defend, indemnify and hold harmless Island Wholesale Meats and Foods, its affiliated companies and their officers, directors, employees, contractors and assigns from any liabilities, claims, loss, cost or expense, including attorney fees, arising from any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Island Wholesale Meats and Foods reserve the right to de-activate accounts that are inactive for an extended period of time and to reject any application for a Island-Wholesale.com or any other Island Wholesale Meats and Foods account for any reason. Island Wholesale Meats and Foods may require, as a prerequisite for establishing or maintaining an account, that you complete a Island Wholesale Meats and Foods credit application and/or personal guaranty, and/or enter into any additional written agreement applicable to the particular circumstances of the relationship.
3. Purchases through Island-Wholesale.com. You agree that any order to purchase products and/or services from Island Wholesale Meats and Foods placed using Island-Wholesale.com constitutes a binding offer to purchase which Island Wholesale Meats and Foods may accept or reject. Island Wholesale Meats and Foods will provide you with an electronic notice confirming receipt of your order. Island Wholesale Meats and Foods acceptance of an order will be indicated by the order invoice. Island Wholesale Meats and Foods reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
4. Payment for Orders.
a. Payment in full on all purchases made via Island-Wholesale.com, including all applicable taxes, is due within the specified agreed upon payment terms granted exclusively by Island Wholesale Meats and Foods. Any amounts due which remain unpaid shall incur a late payment charge billed at the highest amount allowed by law.
b. Should collection activities be required by Island Wholesale Meats and Foods to collect amounts owed by you on a delinquent account, you will be responsible for all fees and costs associated with such collection activities, including but not limited to, attorney fees, court costs, and as liquidated damages, the amount charged by a collection agency for its collection service.
5. Termination and Cancellation. Unless otherwise agreed to in writing between you and Island Wholesale Meats and Foods, either you or Island Wholesale Meats and Foods may terminate, cancel or suspend your Island-Wholesale.com account at any time, with or without cause, effective upon notice. Island Wholesale Meats and Foods reserves the right to collect any amounts due Island Wholesale Meats and Foods regardless of cancellation of your account. You understand and agree that your cancellation of your account is your sole right and remedy, unless otherwise agreed by Island Wholesale Meats and Foods in writing, with respect to any dispute with Island Wholesale Meats and Foods, including but not limited to, any dispute related to, or arising out of: (a) any term of this Agreement or Island Wholesale Meats and Foods enforcement or application of this Agreement; (b) any policy or practice of Island Wholesale Meats and Foods, or Island Wholesale Meats and Foods enforcement or application of these policies; (c) the content, information, goods, services, software and/or equipment provided by or made available through Island Wholesale Meats and Foods or any change thereof; (d) your ability or inability to access and/or use Island-Wholesale.com; or (e) the amount or type of fees, charges, applicable taxes, billing methods, or any change thereof.
6. Copyright Notice. Unless otherwise specified, the entire Island-Wholesale.com Web site, and all content contained therein, including without limitation, site design, text, graphics, sound, video, interfaces, and the selection and arrangement thereof, is Copyright “ Island-Wholesale.com, and/or its suppliers, licensors, successors and/or assigns. All rights reserved. Permission is granted to view, electronically copy and to print in hard copy, materials and information available through Island-Wholesale.com solely for reference purposes, e.g., with respect to recipes and foodservice tips available on Island-Wholesale.com, and to assist you in evaluating the placement of orders, and placing orders using Island-Wholesale.com. Unless otherwise specified, any other use of such materials or information, including reproduction for purposes other than those noted above, modification, distribution, transmittal, display, performance, publication, licensing, creation of derivative works from, transfer, or re-sale, without the prior written permission of Island Wholesale Meats and Foods, is strictly prohibited.
7. Warranty Disclaimer. Except as otherwise specifically agreed in writing by Island Wholesale Meats and Foods, Island-Wholesale.com, and all content, information, goods, services, and software provided by or on behalf of Island Wholesale Meats and Foods, and any links from Island-Wholesale.com to any other internet site, are provided "as is" without warranty of any kind, whether express or implied, and Island Wholesale Meats and Foods makes no warranties regarding their usability, condition, operation or availability. Except as otherwise specifically agreed in writing by Island Wholesale Meats and Foods, Island Wholesale Meats and Foods does not warrant that access to Island-Wholesale.com or use of Island-Wholesale.com or any content, information, goods, services, and software provided by or on behalf of island wholesale meats and foods will be uninterrupted or error-free, or be free from viruses or other harmful components, or that they will meet any particular criteria of performance, suitability or quality, or that island-wholesale.com will be available or accessible at all times.
8. Use of Information.
a. Submissions. Any information, including but not limited to address and other contact information, remarks, suggestions, ideas, graphics or other submissions, communicated to Island Wholesale Meats and Foods through Island-Wholesale.com or otherwise shall become the exclusive property of Island Wholesale Meats and Foods when received by Island Wholesale Meats and Foods, which shall own all present and future rights therein, and may use any information submitted for any legal purpose without restriction or compensation to the person providing such information. Island Wholesale Meats and Foods will not be required to treat any such information or materials as confidential.
b. Information Collected and Use. It is Island Wholesale Meats and Foods policy not to disclose or sell personal information about its customers (such as name, address or e-mail address) to third parties. Further, Island Wholesale Meats and Foods may disclose personal information regarding its customers if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Island Wholesale Meats and Foods or Island-Wholesale.com; (b) protect or defend the rights or property of Island Wholesale Meats and Foods, Island-Wholesale.com, or the users of Island-Wholesale.com, and/or (c) act under exigent circumstances to protect the personal safety of users of Island-Wholesale.com or the public.
c. Security. Island Wholesale Meats and Foods will take commercially reasonable steps to protect and secure customer-specific information sent via Island-Wholesale.com from loss, misuse, and alteration but, given the nature of the Internet and electronic commerce, makes no warranty that such information shall be completely secure.
9. Links. Island-Wholesale.com may contain links to other Web sites not maintained by Island Wholesale Meats and Foods. Such external Web sites contain information created, published, displayed or maintained independently of Island Wholesale Meats and Foods. Island Wholesale Meats and Foods are not responsible for such content, nor does it approve, endorse or certify information contained on any external or linked site. Accordingly, Island Wholesale Meats and Foods make no representations or warranties whatsoever concerning the content or availability of those sites or any other sites to which they link.
10. Indemnification. Upon request by Island Wholesale Meats and Foods, you agree to defend, indemnify and hold harmless Island Wholesale Meats and Foods, its affiliated companies and their officers, directors, employees, contractors and assigns from any liabilities, claims, loss, cost or expense, including reasonable attorney fees, arising from your breach of this Agreement and/or from your use of Island-Wholesale.com. Island Wholesale Meats and Foods reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. Limitation of Liability. Under no circumstances will island wholesale meats and foods be liable to any person or business entity for any direct, indirect, special, incidental, punitive, consequential, or other damages based on any use of or inability to use island-wholesale.com or any other web site to which island-wholesale.com is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, whether based on contract, tort, strict liability or otherwise, even if island wholesale meats and foods has been specifically advised of the possibility of such damages, and you hereby waive any claims with respect thereto.
12. Modifications of this Agreement. Island Wholesale Meats and Foods reserves the right to modify this Agreement and any terms, conditions, policies and notices under which Island-Wholesale.com is offered at any time effective upon the posting of such modifications on Island-Wholesale.com. You are responsible for reviewing information posted on Island-Wholesale.com regularly to obtain timely notice of such changes, including the terms of this agreement. If you do not agree to any such modifications proposed by Island Wholesale Meats and Foods or to any of the terms of this Agreement, your sole remedy is to cancel your Island-Wholesale.com account. Continued use of Island-Wholesale.com or non-termination of your account after changes are posted constitutes your acceptance of this Agreement as modified.
13. No Unlawful or Prohibited Use. As a condition of your use of Island-Wholesale.com, you warrant to Island Wholesale Meats and Foods that you will not use Island-Wholesale.com for any purpose that is unlawful or prohibited by this Agreement.
14. Promotions. Island Wholesale Meats and Foods may make information regarding specific programs, offers, contests or promotions which Island Wholesale Meats and Foods is conducting available on Island-Wholesale.com. Any such program, offer, contest or promotion is also subject to the specific terms, conditions and restrictions listed on Island-Wholesale.com in connection with the program, offer, contest or promotion. Island Wholesale Meats and Foods reserve the right to alter or withdraw any program, offer, contest or promotion at any time without notice. Each program, offer, contest and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on Island-Wholesale.com in connection with each program, offer, contest or promotion.
15. General. This agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction, including personal jurisdiction, and venue of courts in Suffolk County, New York, U.S.A. in all disputes arising out of or relating to the use of Island-Wholesale.com and this Agreement. Use of Island-Wholesale.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Island Wholesale Meats and Foods as a result of this Agreement or use of Island-Wholesale.com. Island Wholesale Meats and Foods™ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Island Wholesale Meats and Foods right to comply with governmental, court and law enforcement requests or requirements relating to your use of Island-Wholesale.com or information provided to or gathered by Island Wholesale Meats and Foods with respect to such use. No cause of action arising out of the use of Island-Wholesale.com or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues.
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