Terms and Conditions
IMPORTANT -- READ THIS CAREFULLY BEFORE CONTINUING!
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acceptance of the following Terms and Conditions.
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PASTOSA RAVIOLI WEBSITE, located at www.pastosa.com, or before participating in any online features, products, services and/or programs that we offer (collectively, the "Website"). All users of the Website agree that access to and use of the Website is subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use the Website.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Website, you are entering into a legal contract with us regarding your use of the Website. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.
1. Convenience and Information Only. Subject to these Terms, Pastosa Ravioli, Macaroni & Noodle Corp. ("Pastosa Ravioli", "we," "our," or "us") hereby grant you a non-transferable, non-exclusive, limited license to use and access the Website for your non-commercial use. The Website is provided to you as a convenience and for your information only. By merely providing you access to and use of the Website, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Website (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Website is or will be accurate or complete.
2. Website Use and Content.
(a) Use of the Website. The ownership of the Website, Content, and all rights therein are and will remain with Pastosa Ravioli. You may view, copy or print a single copy of any page from the Website for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Website without our express, prior written consent.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (v) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks.
3. Updates. We may make changes to the Website, the Content or these Terms or stop providing the Website and/or any of the Content at any time and without further notice to you. We will make an effort to update the Website with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
5. Use of Site. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pastosa Ravioli or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website 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 to the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
6. Not Intended for Children and Other Age Requirements. The Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
7. User Account, Password and Security.
(a) User Account. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a username and password after setting up a User Account. We use reasonable precautions to protect the privacy of your username, password, User Account information and credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your username, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your username, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Pastosa Ravioli of any unauthorized use of your username, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) Accurate Information. In creating and using your User Account for the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Website (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) Non-Transferability of User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password.
8. Disclaimer of Warranties. When using the Website, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or any other information transmitted in connection with the use of the Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEBSITE.
9. Indemnification. You agree to defend, indemnify, and hold harmless Pastosa Ravioli and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
10. Network Access and Devices. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Website, and we will have no obligation to verify the accuracy of that data. You are responsible for obtaining the data network access necessary to use the Website. If you are accessing the Website on your mobile device, your network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
11. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR THE CONTENT. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU PURCHASE OR THE SERVICES THAT YOU RECEIVE USING THE WEBSITE AND/OR ANY CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
12. Third Party Content. We may provide links to other websites that are not under the control of Pastosa Ravioli. These links are provided for convenience only and are not intended as an endorsement by Pastosa Ravioli of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. Under no circumstances will we be held liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, reliance on, or any content, goods or services available on any other website to which the Website links. We make no representation or warranty in connection with any third party content, which at all times and in each instance is provided "AS IS." If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. If a third party links or refers to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Website.
13. Intellectual Property. The Content of the Website is intellectual property owned, controlled and/or licensed by us, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (Website Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Website. All trademarks and service marks of Pastosa Ravioli that may be referred to on the Website are the property of Pastosa Ravioli. Other parties' trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks, service marks, logos, or copyrighted materials without our prior written permission.
15. Termination of Service. We may suspend or terminate your right to access portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the business of our Internet service provider, or as we otherwise deem appropriate, in our sole discretion.
16. Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. Payment Terms. If you purchase any goods or services through the Website, you agree to pay for those goods and services at the stated prices. All prices listed on the Website are subject to change. Additional terms related to pricing and other fees associated with your use of the Website or our products and services may be set forth on the Website, and you agree to abide by those additional terms.
18. Typographical Errors. If a Pastosa Ravioli product is mistakenly listed at an incorrect price, Pastosa Ravioli reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pastosa Ravioli reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pastosa Ravioli will issue a credit to your credit card account in the amount of the incorrect price.
18. Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Website will be governed by the laws of the State of New York, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New York with respect to such matters.
20. Local Laws. We make no representation that any Content or materials on the Website is appropriate or available for use in jurisdictions that are outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
21. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from the Website may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import laws or regulations in other countries. You are solely responsible for complying with all trade laws and regulations, both foreign and domestic, in your use and viewing of the Website, the Content and any of our products or services.
Your Consent To These Terms and Conditions
By accessing and using the Website, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Website. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of the revised Terms, including with respect to for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:
7425 New Utrecht Avenue
Brooklyn, NY 11204
Email: [email protected]
Copyright © 2022. Pastosa Ravioli. All Rights Reserved.
Effective as of: January 11, 2022
Last updated: January 11, 2022