Last updated: 07/01/2025
TERMS OF USE – WEBSITE
This website www.cfdnyinc.com is operated by Caribbean Food Delights, Inc. (“CFD” or “us” or “our” or “we”). Your (“you” or “your”) use of (1) this website, (2) any social media pages controlled by CFD, and (3) any electronic messaging means, e.g., emails or Messages (defined herein) that you elect to receive from CFD ((1), (2), and (3), collectively, the “Site”) is subject to the terms and conditions set out below (“Terms of Use” or “Terms”).
By accessing and using the Site you are agreeing to be bound by these Terms of Use. You should not access or use the Site unless you have read and agreed to the Terms of Use.
CFD reserves the right to change or add to the Terms of Use at any time, in its sole discretion. You are advised to check these Terms of Use from time to time for any updates or changes that may impact you. Also, if we make changes, we will provide you with notice of such changes, such as by sending an email (if you have provided that information to us), providing a notice through the Site or updating the date at the top of these Terms of Use. Your continued use of the Site following changes to the Terms of Use constitutes your agreement to any such changes. Your violation of or breach of the Terms of Use may result in the suspension or termination of your ability to use the Site.
I. USE AND RESTRICTIONS; CONDUCT ON THE SITE
(a) Your use of the Site, including, without limitation, the creation and use of any account, e.g., electing to receive email or Messages (defined herein) from CFD (your “Account”), is subject to the terms, obligations, restrictions and limitations set forth in the Terms of Use. All rights not expressly granted to you in the Terms of Use are reserved and retained by CFD.
In using the Site, including, without limitation, your Account, you may not:
(i) copy, reproduce, distribute, publish, display, post or transmit the Site, in whole or in part;
(ii) license, sub-license, sell, resell, rent, lease, transfer, assign, distribute or otherwise exploit the Site, your Account, or make the Site (including your Account) available for access or use by any person(s) other than yourself;
(iii) use the Site to process any data unlawfully or in violation of the Terms of Us;
(iv) allow any unauthorized access to, or use of, the Site or provide incorrect, inaccurate, outdated or incomplete Account information;
(v) copy, translate, transmit, post, create a derivative work of, modify, adapt, download, sell, publish, decipher, decompile, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to determine any programming or the source code associated with the Site;
(vi) use data mining, robots, crawlers, or spiders, or similar data gathering and extraction tools or any software or other means to access, copy, download, communicate to the public, collect, harvest, aggregate, or extract any content from the Site or any system or network connected to the Site, including by using web scraping, data extraction or data mining software or tools;
(vii) use the Site or its content to train or develop any artificial intelligence models;
(viii) frame or utilize framing techniques to enclose any CFD Marks (defined below) or other Intellectual Property (including images, text, page layout, or form) of CFD or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose;
(ix) use any meta tags or any other “hidden text” utilizing CFD’s name or CFD Marks;
(x) use the Site in an unlawful manner including, but not limited to, the infringement of any third party’s privacy rights;
(xi) use the Site other than for its intended purposes, or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site;
(xii)use the Site for spamming, or sending any unsolicited emails or information, advertising, solicitations, promotional materials, junk mail, chain letters and/or pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site;
(xiii) use the Site in a manner that interferes with or disrupts the provision of CFD’s services to third parties;
(xiv) access or use the Site to circumvent or exceed the Site and/or account limitations or requirements, or access or use the Site by any means other than through the interfaces that are provided by CFD;
(xv) use the Site to upload, store or transmit any malicious code or other similar harmful software such as viruses, malware or trojan horses;
(xvi) use the Site to make any transmission, display or publication of any material which is of a defamatory, offensive, abusive or menacing character to any other person;
(xvii) reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
(xviii) solicit personal information from anyone or personally identifying information;
(xix) attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
(xx) engage in any harassing, intimidating, predatory or stalking conduct;
(xxi) develop or use any third-party applications that interact with our Site;
(xxii) engage in or permit any unauthorized distribution of any software or programming associated with the Site including, without limitation, placing CFD’s software or programming on any physical or virtual servers or mediums;
(xxiii) use the Site for any transmission, display or publication of any material in breach of any law dealing with privacy or data protection in any jurisdiction;
(xxiv) remove or obscure any copyright, patent, trademark, trade secret or similar proprietary notice affixed to the Site;
(xxv) use the Site or any part thereof for the purpose of developing a product or service, or helping another develop a product or service, whether or not it is competitive with the Site or CFD’s services or products;
(xxvi) use the Site for the purpose of bringing an intellectual property or other claim against CFD;
(xxvii) cause the breach of or interfere with CFD’s agreements with third parties; or use or allow others to use the Site for any purpose not expressly authorized in these Terms of Use;
(xxi) use the Site or share or upload materials or computer programs on the Site in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site or the facilities and/or services that are available on it or interfere with any other party’s use of the Site, its facilities and/or services;
(xxii) attempt to gain unauthorized access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to the Site or any other Site operated by CFD through hacking, password mining or any other means;
(xxiii) attack the Site via a denial of service attack; or
(xxiv) use the Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users).
(b) Security Obligation. You are responsible for maintaining the security of your Account login information (username and password, and any other data or information used to access your Account) (your “Security Obligation”). You must notify CFD immediately at customerservice@cfdnyinc.com in the event of loss of your username and/or password for your Account or other security concerns of which you may become aware. If you have opted in to receive Messages from CFD (as set forth below) your Security Obligation extends to your phone number(s) and other data, as applicable.
(c) Notification of Unauthorized or Breaching Use. You must notify us immediately in the event you become aware of any actual or attempted unauthorized access to or use of the Site or your Account in breach of these Terms of Use, or otherwise.
(d) Technology; Source Code. Except as expressly stated in these Terms of Use, no licenses or rights are granted by CFD and nothing in these Terms of Use implies any license to you or any third party in the Site, including, without limitation, the source code. The source code will not be accessible to any users of the Site, customers, third parties or the general public. The underlying structure, sequence, organization and source code of the Site and underlying technology are valuable trade secrets of CFD, are confidential information, and shall remain strictly confidential.
II. INTELLECTUAL PROPERTY
(a) You acknowledge and agree that, in connection with the Site, CFD may store and maintain Account information and/or User Content (defined below) for a period of time consistent with CFD’s standard business practices. If you share/upload User Content (defined below) with CFD and/or other users of the Site, such User Content may become publicly accessible.
(b) You grant CFD a limited, revocable, non-exclusive, non-transferable (except in connection with an assignment of the Terms of Use), royalty-free, worldwide, perpetual, irrevocable, sublicensable, right to use, access, store, process, modify, distribute, publish, perform, and/or display, any content, comments, remarks, ideas, graphics, chats, suggestions, feedback or other material or information of any kind provided by you (collectively “User Content”) to the extent necessary to operate the Site, exercise its rights and/or fulfill obligations (if any), as permitted under the Terms of Use, or to incorporate User Content into the Site or in other works in any form, media technology now known or later developed. You agree that CFD will not be bound to treat any User Content as confidential and may use any User Content in its business (including without limitation, for products, services, marketing or advertising) without incurring any liability for royalties or any other consideration of any kind. You waive any moral or other rights in any User Content. You are responsible for the legality, reliability, appropriateness, originality and copyright of such User Content and you warrant that the User Content complies with all applicable laws, does not infringe the rights of any third party and is not unlawful, fraudulent, proprietary, false, defamatory, obscene, offensive, illegal or confidential. User Content may or may not be screened by CFD and/or such User Content may (but is not obligated to do so) be (in its sole discretion) prohibited or removed by CFD. Following expiration or termination of the Terms of Use or your Account, CFD may, but is not obligated to, deactivate your Account and delete any User Content.
(c) All rights, title and interest in and to the Site, CFD’s marks (including CFD’s name, any word, symbol or device or any combination thereof, used or intended to be used by CFD to distinguish CFD’s or its licensor’s products or services from the products of services of others, including, without limitation, trademarks, trade dress, trade names, service marks and logos, collectively “CFD Marks”) are owned exclusively by CFD.
(d) COPYRIGHT NOTICE. The information, content, software, downloads, interfaces, graphics, text, design, audio and video clips, images, buttons, trademarks, service marks, trade names and logos (the “Materials“) contained on the Site and the Site itself is the exclusive property of and owned by CFD, its licensors or content providers and is protected by copyright, trademark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. CFD retains all right, title, interest and intellectual property rights in and to the Materials.
(e) Other than as expressly provided herein, nothing in these Terms of Use should be construed as conferring by implication or otherwise any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of CFD, its licensors or any third party.
(f) CFD does not warrant that your use of the Materials on the Site will not infringe the rights of third parties.
III. DISCLAIMER
(a) All access or use by you of the Site is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your visiting, downloading from, uploading to and/or using of, or referring to or relying on the Site, facilities, services or Materials provided on the Site, or any other information obtained from your use of the Site. CFD will not be liable for damages arising out of your use or your inability to use the Site, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds. While you agree to comply with the Terms of Use, you acknowledge that others may not comply and you may be exposed to such conduct and content that violates these Terms of Use and, by using the Site, you assume that risk and CFD shall have no liability for such conduct.
(b) This Site is available to all users “as is” and “as provided.” CFD makes no representations, warranties or undertakings that the Site, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. CFD shall not be liable for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of CFD which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Site. CFD makes no representations, conditions, warranties or undertakings about the Site, or any of the facilities, services and/or Materials on the Site, either express or implied, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.
(c) CFD may temporarily suspend the Site, or any part thereof, for maintenance, emergency services or other reasons from time to time without notice to you.
(d) CFD reserves the right to monitor use of the Site as well as edit, refuse to post, or remove any information, materials, or User Content. CFD may suspend or terminate your access to the Site at any time without notice for any reason, or no reason at all.
(e) In its sole discretion, CFD may discontinue offering the Site, in whole or in part, or modify any design, layout, features, functionality, tools or content of the Site, at any time, for any reason or no reason, with or without notice to you (although CFD has no obligation to provide any updates or improvements to the Site).
(f) The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in the Site may also be updated from time to time. CFD does not undertake and is not responsible for keeping information on these pages current or error-free.
(g) You understand and agree that there are certain inherent risks in using the Internet and the World Wide Web and by accessing and using the Site you indicate your understanding that your use and the use generally of the Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.
(h) CFD shall not be liable for the verification of your data submitted by you to CFD, or any third parties, and thereafter retrieved or utilized by CFD.
(i) CFD will not review your data including any personal information or log in usernames or passwords, for completeness, accuracy, internal consistency or otherwise.
(j) CFD shall not be liable for any loss or damage caused by your failure to comply with your Security Obligation. You are responsible for any breaches of your Security Obligations or of security that occur through your access or login credentials including as a result of your sharing such access or login credentials, or failure by you to adequately safeguard the same.
(k) By using the Site, you may interact with artificial intelligence (“AI”) that automates content generation. AI-generated content may contain errors, omissions, outdated data, be inaccurate, incomplete, delayed, misleading or not suitable for particular purposes and may be predictive, probabilistic, or inferential in nature. CFD does not guarantee the correctness, completeness, or suitability of AI-generated outputs. You are solely responsible for independently evaluating AI-generated information, and any decisions or actions taken based on it and such information is used at your own risk. You acknowledge and agree that, subject to applicable laws and our Privacy Policy, CFD may use User Content, and Account information, to develop, improve, and train its machine learning models and artificial intelligence systems, and you consent to CFD doing so. Such use may include content that is publicly accessible or voluntarily shared through the Site.
IV. LIMITATION OF LIABILITY
(a) UNDER NO CIRCUMSTANCES WILL CFD OR ANY OF ITS PRINCIPALS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR: LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELIANCE ON THE SITE, ANY FACILITIES, SERVICES AND/OR MATERIALS OFFERED THROUGH OR FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT LOSS, LOSS OF DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER, EVEN IF CFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE; LOSS OF REVENUE; SITE ERRORS; SITE AVAILABILITY; SITE CONDITION; SITE ACCESSIBILTY; SITE CORRUPTION; VIRUSES, MALWARE OR TROJAN HORSES; THIRD PARTY HACKING OR THIRD PARTY ATTEMPTS AT HACKING OF THE SITE; LOSSES FROM YOUR FAILURE TO MEET YOUR SECURITY OBLIGATION; LOSSES FROM ANY SUSPENSION OR SHUT DOWN OF THE SITE OR ACCOUNT; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS BY YOU OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
(b) IN NO EVENT SHALL CFD NOR ANY OF ITS PRINCIPALS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE OF FROM THE MATERIALS SHARED/UPLOADED BY ANY THIRD PARTY TO THE SITE.
V. LIABILITY CAP
(a) NOTWITHSTANDING THE FORM OR NATURE (E.G., CONTRACT, TORT, STATUTORY, COMMON LAW, DIRECT LIABILITY OR INDEMNIFICATION, INFRINGEMENT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT BY YOU OR THIRD PARTY, IN NO EVENT WILL CFD BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES TO YOU AND/OR THIRD PARTIES, THAT EXCEED, IN THE AGGREGATE, $100 (“LIABILITY CAP”). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, CFD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(b) SUCH LIABILITY CAP IS A MAXIMUM AND SHALL NOT BE USED, CONTROL OR BE CONSIDERED IF: (I) CFD’S LIABILITY OR OBLIGATIONS ARE IN AMOUNTS WHICH WOULD BE OR ARE BELOW THE LIABILITY CAP EITHER PURSUANT TO THE TERMS OF USE OR OTHERWISE, OR (II) IF CFD HAS NO LIABILITY EITHER OTHERWISE OR PURSUANT TO DISCLAIMERS IN THE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, SECTIONS III, IV, AND VI.
VI. INDEMNITY
You agree to defend, indemnify and hold CFD and (as applicable) its principals, officers, managers, representatives, employees, agents, licensors, licensees, affiliates, marketing partners, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of the Terms of Use, any claims made by or liabilities to any third party resulting from any activities relating to your use or misuse of the Site or any allegation that any User Content that you make available or create through the Site infringe the intellectual property rights of any third party.
VII. LINKS TO THIRD PARTY SITES
This Site contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to the Terms of Use. Your access to any other websites through the Site is at your own risk. CFD is not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with third party websites. CFD reserves the right to terminate a link to a third party websites at any time. CFD provides links to third party websites for your convenience only and, unless otherwise expressly stated, CFD does NOT sponsor, endorse or authorize or warrant the safety or reliability of such websites.
VIII. SUSPENSION/TERMINATION/ FURTHER ACTION
Failure to comply with the Terms of Use may result in CFD taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or User Content uploaded by you to our Site.
- Legal action against you directly and/or on an indemnity basis.
- Disclosure of such information to law enforcement authorities as CFD, in its sole discretion, reasonably believes is necessary.
Any provision of the Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of the Terms of Use shall survive expiration or termination of the Terms of Use.
IX. DCMA
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of users who repeatedly infringe the intellectual property rights of others. If you believe any information on the Site infringes your copyrights or applicable law, please contact CFD with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website;
- Your email address or other contact information that is sufficient for us to contact you;
- A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice to CFD is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Notification must be submitted to the following Copyright Agent for this site in the manner described below:
By Mail:
Caribbean Food Delights, Inc.
117 NY-303
Tappan, NY 10983
By Email:
X. SMS/TEXT/MOBLIE MESSAGES
(a) CFD has made available an opt-in service whereby you may affirmatively choose to participate in and receive via SMS/text/mobile messages (collectively “Message”), marketing and informational messages, sale offers, personalized message, and other notifications by CFD.
(b) When you opt-in to the service, CFD will send you a Message to confirm your signup.
(c) By opting into receiving Messages, you agree to receive recurring automated marketing and informational Messages from CFD. Automated Messages may be sent using an automatic telephone dialing system or may be pre-recorded, to the mobile telephone number you provided when signing up or any other number that you designate.
(d) Message frequency varies, and additional mobile Messages may be sent periodically based on your interaction with CFD. CFD reserves the right to alter the frequency of Messages sent at any time to increase or decrease the total number of sent Messages. CFD also reserves the right to change the short code or phone number where Messages are sent.
(e) Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered Messages.
(f) Your consent to receive Messages is not a condition of purchase or your use of the Site.
(g) CFD’s Messages feature is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. CFD is not liable for any delays or failures in the receipt of any Messages. Delivery of Messages is subject to effective transmission from our wireless service provider/network operator and is outside of CFD’s control.
(h) In order to receive Messages from CFD as set forth herein, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions prior to opting in to the mobile messaging feature.
(i) You can cancel any time by texting “STOP”. After you send the message “STOP”, we will send you a Message to confirm that you have been unsubscribed and no more Messages will be sent. You acknowledge that any other method of attempted cancellation, other than text “STOP” is not a reasonable, acceptable, effective method of cancellation. If you would like to receive Messages from CFD again, just sign up as you did the first time and CFD will start sending Messages to you again.
(j) Text “HELP” at any time and CFD will respond with instructions on how to unsubscribe. For support regarding CFD’s services, email us at customerservice@cfdnyinc.com.
(k) You agree that before cancelling your mobile service plan, changing your mobile number or transferring your mobile number to another individual, you will reply “STOP” from the original number. The duty to inform us based on the above events is a condition of using this service to receive Messages. YOU FURTHER AGREE THAT FAILURE TO COMPLY WITH THIS OBLIGATION, YOU WILL BE RESPONSIBLE FOR ALL LIABILITIES, DAMAGES, FEES, COSTS, AND ATTORNEY’S FEES, INCURRED BY CFD OR ANY PARTY THAT ASSISTS IN THE DELIVERY OF MESSAGES. THIS DUTY AND AGREEMENT SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
(l) YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD CFD HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILTY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. §227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGAGED THEREUNDER RESULTING FROM CFD ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
(m) Please allow a reasonable period of time following any changes you make in order for CFD to update its records as to your preferences.
(n) If you have any questions about your data or our privacy practices, please visit CFD’s Privacy Policy.
(o) Please note that such Messages from CFD are outgoing only. CFD cannot receive messages you send in reply to any Messages. If you have any questions or comments, please do not reply to such Messages, but instead direct your questions and comments to CFD at customerservice@cfdnyinc.com or giving CFD a call at 1-888-398-0003.
(p) CFD reserves the right to change or terminate CFD’s Messaging program at any time.
XI. FITNESS, NUTRITION, AND HEALTH INFORMATION
Information presented on this Site is intended to impart general information. CFD is not engaged in rendering medical advice or services. The information presented on this Site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old (though this Site is not intended for people under eighteen (18) years old), pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
XII. EXPORT
This Site may be subject to United States Export laws, rules and regulations, as amended from time to time. This Site may not be downloaded, used, or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
XIII. ACCESSIBILITY STATEMENT
CFD strives to make our Site accessible and inclusive for all users, including individuals with disabilities. If you experience difficulty accessing any part of the Site or need assistance with any content or feature, please contact us at customerservice@cfdnyinc.com or call 1-888-398-0003.
XIV. MISCELLANEOUS
(a) Privacy Policy. CFD respects and protects the privacy of the individuals who access the Site and use its facilities and/or services. For full details of the manner in which CFD and the Site uses cookies, the type of information CFD collects, how CFD uses it and under what circumstances CFD discloses such information, please read our Privacy Policy which is hereby incorporated into and forms part of these Terms of Use.
(b) Jurisdiction and Governing Law; Jury Trial Waiver; Construction. To the extent any reference to state law is required, the laws of the State of New York, without regard to its conflicts of laws provisions, govern the Terms of Use. Each party irrevocably and unconditionally consents and submits to the exclusive jurisdiction of the applicable courts located in the State of New York, Rockland County, or the Federal court whose district encompasses the State of New York, Rockland County, for purposes of any action, suit or proceeding arising out of or relating to the Agreement. YOU HEREBY WAIVE AND COVENANT THAT YOU WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUE, CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THE TERMS OF USE, THE SUBJECT MATTER HEREOF OR ANY DOCUMENT RELATING HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OR WHETHER IN CONTRACT OR IN TORT OR OTHERWISE. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL REGARDING ALL THE TERMS OF USE, INCLUDING THIS SECTION, THAT YOU FULLY UNDERSTAND THE TERMS HEREOF, THE CONTENT AND EFFECT, AND THAT YOU VOLUNTARILY AND KNOWINGLY AGREE TO THE TERMS HEREOF, AND THAT IN THE EVENT OF ANY AMBIGUITY IN THIS AGREEMENT, ANY PRESUMPTION THAT SUCH AMBIGUITY SHALL BE CONSTRUED AGAINST THE DRAFTER OF THE TERMS OF USE SHALL NOT APPLY TO THE TERMS OF USE.
(c) Entire Agreement. The Terms of Use, including all documents incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or collateral negotiations, proposals, agreements and understandings, whether oral or written, relating to the subject matter of the Agreement. Any representation, warranty, course of dealing or trade usage not expressly stated in the Terms of Use shall not be binding. Except as otherwise stated in the Terms of Use, any amendments to the Terms of Use must be in writing and authorized and/or executed by CFD.
(d) Severance. If any provision of the Terms of Use is held or made invalid or unenforceable for any reason, the invalidity will not affect the remainder of the Terms of Use and the severed provision shall be interpreted to be consistent with the Terms of Use.
(e) No Waiver. The failure of CFD at any time to enforce or require performance of any provision of the Terms of Use shall not waive or affect CFD’s right to enforce any such provision at a later time. Any waiver of any provision of these Terms of Use must be in writing signed by CFD to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.
(f) No Reliance. Each party represents and warrants to the other party that it is NOT relying on any promises, guarantees and/or assurances of the other party that are NOT otherwise expressly contained in the Terms of Use.
(g) Notice. Except as otherwise explicitly provided in the Terms of Use, any notice required or permitted by the Terms of Use shall be in writing and deemed delivered if delivered by certified or registered mail, return receipt requested.
(h) Captions. Section headings are for reference purposes only and in no way affect the meaning or interpretation of the Terms of Use.
(i) Relationship of the Parties. The Terms of Use do not create any joint venture, partnership, agency or employment relationship between the parties.
(j) Age Restriction. You must be eighteen (18) years of age or older to visit or use the Site in any manner. By accessing or using the Site or otherwise accepting the Terms of Use, you represent and warrant to CFD that you are eighteen (18) years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal data from a child under the age of 18 without verification of parental consent, we will take steps to remove that information promptly. If you believe that we may have inadvertently collected such information, please contact us at customerservice@cfdnyinc.com.
(k) Force Majeure. CFD shall not be liable for failure to perform, or the delay in performance of, any of its obligations under the Terms of Use, if, and to the extent that, the failure or delay is caused by events beyond its reasonable control including without limitation acts of the public enemy or governmental body in its sovereign or contractual capacity, war, fire, floods, strikes, epidemics, pandemics, quarantine restrictions, unavailability of the Internet, protracted mass power failure, civil unrest or riots, acts of terrorism, tariffs, transportation delays, freight embargoes or unusually severe weather.
QUESTIONS OR COMMENTS
If you wish to contact us to discuss any matter in relation to these Terms of Use, please feel free to contact us at customerservice@cfdnyinc.com or call at 1-888-398-0003.