BY ACCESSING THIS WEBSITE ("SITE"), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS SITE.

This Site is made available by Gourmia, and all references herein to "we" or "us" refer to Gourmia. All references herein to "you" or "user" refer to any user of this Site.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this webpage and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms.

IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES.

1. License grant; restrictions

Gourmia provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any article or other content on this site. Without limiting the foregoing, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that Gourmia transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.

You may not:

i. Use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;

ii. Attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Gourmia server, by hacking, password "mining," or any other illegitimate means;

iii. Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;

iv. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;

v. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Gourmia’s systems or networks or any systems or networks connected to the Site;

vi. Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site;

vii. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site;

viii. Use the Site in a manner that could damage, disparage, or otherwise negatively impact Gourmia or any contributor to or other user of the Site.

2. User obligations

This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.

3. Proprietary rights

All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Gourmia and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Gourmia does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes Gourmia enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright©2022 Gourmia. All rights reserved. Gourmia owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by Gourmia, unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, "Trademarks") display on this Site or on the content available through this Site are registered and unregistered Trademarks of Gourmia or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of Gourmia or the appropriate owner is strictly prohibited.

5. Links to other sites

We may provide links, in our sole discretion, to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Gourmia and are maintained by third parties over which Gourmia exercises no control. Accordingly, Gourmia expressly disclaims any responsibility for the content, materials, or accuracy of the information and/or quality of the products or services provided by, available through, or advertised on these third-party websites. These Terms and our online Privacy Policy do not apply to your interactions with third party websites.

6. Privacy of user information

Please review our online Privacy Policy, incorporated herein by reference, for information about our collection and use practices with respect to information we collect about you when you use the Site.

7. Limitation on liability and disclaimer of warranties

By using this Site, you agree that Gourmia and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by Gourmia in connection with Site, or the performance or non-performance of the Site's features, even if Gourmia has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.

Gourmia makes no warranty of any kind regarding the Site, which is provided on an "as is" and "as available" basis. Gourmia expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Gourmia is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Site, including without limitation that the Site will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Site.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

This provision is not enforceable in New Jersey.

8. Indemnity

You agree to defend, indemnify, and hold harmless Gourmia and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.

This provision is not enforceable in New Jersey.

9. Governing law

The laws of the State of New York, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in Kings County, New York, United States of America and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Gourmia from its offices in New York. Gourmia makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.

10. Entire Agreement

These Terms make up the entire agreement between Gourmia and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Credit card policy

Your telephone or online order is an offer to buy from Gourmia. Gourmia reserves the right not to accept an order at its sole discretion.

Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by Gourmia and does not constitute acceptance of your order.

Gourmia reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged.

Even though we try to accept all orders, sometimes this might not be possible. If your order is declined or cancelled by us after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.

Payment for the goods you order are payable by all major credit cards, Google Pay and Apple Pay, and prepaid credit cards.

The billing address you use when placing your order must match what the respective credit card company has on file. If not, your order will not be processed due to safety and security measures that we have in place for our credit card transaction processing.

All dollar amounts shown on foodstation.com are in U.S. dollars.

12. Risk of loss

All products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Gourmia’s delivery of the products to the carrier.

If you have any other questions or comments, please contact customer service at 888.552.0033 from Monday to Thursday 9 a.m.-6 p.m. EST and Friday from 9 a.m.-3 p.m. EST.