Terms and Conditions
PASTA IL CONTE website is owned, operated, and maintained by Italian Kitchen USA, Inc., an Delaware corporation located in New York, New York (“PASTA IL CONTE”).
ACCEPTANCE OF TERMS
The PASTA IL CONTE Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the PASTA IL CONTE Website, including placing orders to purchase products from PASTA IL CONTE, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the PASTA IL CONTE Website may also be subject to additional terms as set forth in such section (“Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the PASTA IL CONTE Website or with any terms included with any product purchased from PASTA IL CONTE, then these terms shall control.
SITE LICENSE AND ACCESS
PASTA IL CONTE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PASTA IL CONTE. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
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 PASTA IL CONTE and/or its affiliates without express written consent of PASTA IL CONTE. You may not use any meta tags or any other “hidden text” utilizing PASTA IL CONTE’s name or trademarks without the express written consent of PASTA IL CONTE. Any unauthorized use terminates the permission or license granted by PASTA IL CONTE.
You may not create a link to the PASTA IL CONTE Website without express written permission of PASTA IL CONTE. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the PASTA IL CONTE Website so long as the link does not portray PASTA IL CONTE, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PASTA IL CONTE logo or other proprietary graphic or trademark as part of the link without express written permission of PASTA IL CONTE.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PASTA IL CONTE Website, you will not use the PASTA IL CONTE Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PASTA IL CONTE Website in any manner which could damage, disable, overburden, or impair the PASTA IL CONTE Website (or the network(s) connected to the PASTA IL CONTE Website) or interfere with any other party’s use and enjoyment of the PASTA IL CONTE Website. You may not attempt to gain unauthorized access to the PASTA IL CONTE Website, other accounts, computer systems or networks connected to the PASTA IL CONTE Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PASTA IL CONTE Website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the PASTA IL CONTE Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the PASTA IL CONTE Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between PASTA IL CONTE and PASTA IL CONTE’s business partners and customers (“Business Agreement”), the Business Agreement shall control.
MODIFICATION OF THESE TERMS OF USE
PASTA IL CONTE reserves the right to change the terms, conditions, and notices concerning use of the PASTA IL CONTE Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the PASTA IL CONTE Website. Your continued use of the PASTA IL CONTE Website constitutes your agreement to all such terms, conditions, and notices.
TERMINATION/ACCESS RESTRICTION
PASTA IL CONTE reserves the right, in its sole discretion, to terminate or limit your access to any or all of the PASTA IL CONTE Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with PASTA IL CONTE or to submit any Personal Information to PASTA IL CONTE. As such, if you transact or attempt to transact any business with PASTA IL CONTE or submit or attempt to submit any Personal Information to PASTA IL CONTE, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE PASTA IL CONTE WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the PASTA IL CONTE Website.
MATERIALS PROVIDED TO PASTA IL CONTE
If you submit any feedback, suggestions, recipes or other communications (each a “Submission” and collectively “Submissions”) to the PASTA IL CONTE Website or to PASTA IL CONTE, you are granting PASTA IL CONTE, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. PASTA IL CONTE is under no obligation to post or use any Submission you may provide and PASTA IL CONTE may remove any Submission at any time in its sole discretion.
TRADEMARKS
All trademarks and trade dress that appear on the PASTA IL CONTE Website (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of PASTA IL CONTE (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of PASTA IL CONTE and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to PASTA IL CONTE and, as such, may only by used by PASTA IL CONTE or other authorized persons or entities for the benefit of PASTA IL CONTE and only in connection with the products and services authorized by PASTA IL CONTE. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits PASTA IL CONTE, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of PASTA IL CONTE. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
COPYRIGHT
All content that is made available to view and/or download in connection with the PASTA IL CONTE Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of PASTA IL CONTE and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the PASTA IL CONTE Website is the exclusive property of PASTA IL CONTE and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of PASTA IL CONTE and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
For information about copyright or infringement claims
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of PASTA IL CONTE may receive a password from PASTA IL CONTE to access certain information on the PASTA IL CONTE Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PASTA IL CONTE immediately of any unauthorized use of your account or any other breach of security. PASTA IL CONTE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PASTA IL CONTE or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and PASTA IL CONTE.
LINKS TO THIRD PARTY SITES
The PASTA IL CONTE Website may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of PASTA IL CONTE and PASTA IL CONTE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PASTA IL CONTE is not responsible for webcasting or any other form of transmission received from any Linked Site nor is PASTA IL CONTE responsible if the Linked Site is not working appropriately. PASTA IL CONTE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PASTA IL CONTE of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings by you with third parties (including advertisers) included within the PASTA IL CONTE Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. PASTA IL CONTE shall not be responsible or liable for any part of any such dealings or promotions.
RISK OF LOSS FOR PURCHASES
All promotional items purchased from PASTA IL CONTE, either through the PASTA IL CONTE Website or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by PASTA IL CONTE. However, in the event that any goods shipped to you are damaged or lost, PASTA IL CONTE shall issue you a prompt refund for the full amount of the goods damaged or lost. PASTA IL CONTE’s liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.
PRODUCT WARRANTY INFORMATION
Parties other than PASTA IL CONTE manufacture certain products offered on the PASTA IL CONTE Website. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE PASTA IL CONTE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PASTA IL CONTE WEBSITE AND TO THE INFORMATION THEREIN. PASTA IL CONTE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PASTA IL CONTE WEBSITE AT ANY TIME.
PASTA IL CONTE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE PASTA IL CONTE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PASTA IL CONTE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PASTA IL CONTE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PASTA IL CONTE WEBSITE. YOU SPECIFICALLY AGREE THAT PASTA IL CONTE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PASTA IL CONTE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE PASTA IL CONTE WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL PASTA IL CONTE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PASTA IL CONTE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PASTA IL CONTE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE PASTA IL CONTE WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE PASTA IL CONTE WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PASTA IL CONTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, PASTA IL CONTE’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO PASTA IL CONTE TO ACCESS THE PASTA IL CONTE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST PASTA IL CONTE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PASTA IL CONTE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PASTA IL CONTE WEBSITE.
INDEMNIFICATION
You agree to indemnify and hold PASTA IL CONTE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the PASTA IL CONTE Website and/or any information (text or graphical), software, or products obtained through the PASTA IL CONTE Website and/or from PASTA IL CONTE.
APPLICABLE LAW
All disputes against PASTA IL CONTE, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; PASTA IL CONTE’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of New York, U.S.A. and shall be submitted to a state or federal court in the State of New York, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the PASTA IL CONTE Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PASTA IL CONTE with respect to the PASTA IL CONTE Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PASTA IL CONTE with respect to the PASTA IL CONTE Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CUSTOMER SERVICE
If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday via e-mail at customer.relations@barillarestaurants.com.