Terms and Conditions - Shop 4 Pasta Inc.
Table of Contents
- LIMITATION OF LIABILITY
- MODIFICATIONS TO THE SITE AND PRODUCTS
- DISPUTE RESOLUTION & BINDING ARBITRATION
- SEVERABILITY AND WAIVER
- CONSUMER COMPLAINTS
- ELECTRONIC COMMUNICATIONS
- EXPORT CONTROL
(Note that Section 20 governs how disputes are resolved and includes a mandatory agreement to resolve disputes by binding, individual arbitration, subject to certain exceptions.)
THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND “SHOP 4 PASTA” WHICH AFFECTS YOUR LEGAL RIGHTS. YOU AND “SHOP 4 PASTA” AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND TO GIVE UP ALL RIGHTS TO (A) A JURY TRIAL OR (B) PARTICIPATION IN ANY CLASS ACTION. YOU CAN READ MORE ABOUT THESE REQUIREMENTS IN SECTION 20, BELOW.
IF YOU HAVE OR SUSPECT YOU MAY HAVE ANY FOOD ALLERGIES, PLEASE GIVE SPECIAL ATTENTION TO SECTION 17.1 WHICH RELATES TO ALLERGENS.
These Terms govern all aspects of your interactions and relationship with “SHOP 4 PASTA”, including without limitation, visiting and interacting with the Site, receiving promotions from us, participating in activities or sweepstakes/contests involving us, purchasing products or services from us, and receiving communications from us, including promotional texts, calls, and emails. We urge you to download or print these Terms for ease of reference and to keep a copy of the Terms for your records. When changes are made to these Terms, “SHOP 4 PASTA” will make a new copy of the Terms available on the Site. We will also update the “Effective Date” at the top of the Terms. If you do not agree to any change(s) you may not use the Site and/or the Offerings (defined in Section 5 below) as applicable. Your continued use of the Site and/or Offerings constitutes your acceptance of such change(s), and such changes shall apply prospectively only.
Shop 4 Pasta Inc., is a general corporation incorporated in the State of Callifornia with general corporate offices at: 14600 Innovation Dr., Riverside, CA 92518-3026.
For communication use: firstname.lastname@example.org
The Site and Offerings, are intended for use by individuals in the contiguous United States of America, excluding Alaska, Hawaii, Puerto Rico, and other U.S. Territories (“Serviced States”). At this time, we do not accept orders from individuals outside the Serviced States. As such, by placing an order through our Site, you represent and warrant that you: (1) Are legally capable of entering into this Agreement; (2) Are at least 18 years old; (3) Are a resident of a Serviced State; and (4) Are accessing the Site from a Serviced State; (5) Have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites; and have not created or do not have more than one “Shop for Pasta” account unless expressly permitted by “Shop for Pasta”.
4.1 Registering Your Account. In order to utilize specific features on the Site, individuals will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”).
4.2 Registration Data. Should you create an account with “Shop for Pasta”, you agree to: (1) provide true, accurate, complete and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible at email@example.com if you believe there have been any breaches to the security of the Site, or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least eighteen (18) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and App by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or “Shop for Pasta” has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, “Shop for Pasta” has the right to suspend or terminate your Account and refuse any and all current or future use of Site, or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. “Shop for Pasta” reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site if you have been previously removed by “Shop for Pasta”, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of “Shop for Pasta”. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Our supported carriers include but are not limited to: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless). T-Mobile. Please note that our supported carrier is not liable for delayed or undelivered messages.
Offerings and Supplemental Terms. The “Offerings” are collectively defined as: (1) the Site, goods or services offered through the Site, including, but not limited to (2) text, audio, video, graphics, or other content featured on the Site (“Content”); (3) gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both (“Gift Cards”); and (4) the trial offers, sweepstakes, contests, or promotions (“Vouchers,” as defined in Section 9). Your use of, and participation in, certain Offerings may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Offering.
6.1 Pricing Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically.
6.2 Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card) through the Site. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) “Shop 4 Pasta” to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) “SHOP 4 PASTA” to share payment information and instructions required to complete the payment transactions between “Shop 4 Pasta”, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. “SHOP 4 PASTA” reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. “Shop 4 Pasta” reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.
You may purchase and/or otherwise receive Gift Cards through the Site. You must create or have an existing and valid Account with “Shop 4 Pasta” in order to redeem a Gift Card. All Accounts are subject to the Terms in all respects and the “Shop 4 Pasta” Gift Card Terms and Conditions. “Shop 4 Pasta” Gift Cards may be redeemed on the Site. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Offerings until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit. “Shop 4 Pasta” is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced. All sales of Gift Cards are final and nonrefundable. “Shop 4 Pasta” reserves the right to refuse to honor a Gift Card where “Shop 4 Pasta” suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email firstname.lastname@example.org immediately.
“Shop 4 Pasta” may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an Account through the Site and input their information and the code found on the Voucher to redeem. If you purchase any Voucher, Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher only lasts for the time printed on the Voucher, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems. Additionally. “Shop 4 Pasta” reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance of the foregoing sentence, “Shop 4 Pasta” reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate this Agreement. Vouchers may only be redeemed through our Site, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to this Agreement and any special conditions attached to the Voucher. As a part of the verification process, “Shop 4 Pasta” may require you to provide additional identification information.
“Shop 4 Pasta” offers a range of shipping methods, including:
- standard (ground) shipping (e.g 5-7 business days),
- expedited (e.g., 2 or 3-day or overnight) shipping,
During the holiday season, shipping carriers and companies may experience delays due to increased volume. Customers should plan ahead and be aware of cutoff dates for guaranteed holiday delivery.
Standard shipping times within the contiguous United States usually range from 2-7 work days depending on the company and location. Expedited shipping options are faster but come at a higher cost.
We offer a flat rate fee for standard (ground) shipping till 55lbs for 4 different shipping zones , and a different flat rate fee for 3 and 2 work day shipping till 55lbs for 4 different shipping zones based on the weight of the package. This means after the maximum weight of 55lbs an extra flat fee will be charged for a second box that will be sent to you. Every 4 shipping zones have their own flat rate fee for 55lbs. “Shop 4 Pasta” reserves the right to change the shipping costs in case the order has an exceptional amount of products, weight (over 3520Lbs), size or distance to ship to, which can result in extreme shipping costs. This will be communicated with the customer, you can decide (1) to pay the extra costs of shipping or (2) Cancel the order, which will result in a full refund of the total costs.
9.2. Risk of loss and damage to the products pass to you upon delivery to the carrier.
If an order is placed thru the website of “Shop 4 Pasta” and the amounts are paid for, the order will be packaged and shipped. As soon as the order is shipped a tracking code will be sent to your mail. ( please look in the spam box). As soon as the tracking code is available on the website of the shipping carrier, “Shop 4 Pasta” cannot be held accountable or be responsible for the package, this is because we can not have any influence or involvement with the shipping carrier. We will always sent undamaged products and packages, unless “Shop 4 Pasta” and the customer has agreed upon. If packages are damaged or missing contact the shipping carrier and contact “Shop 4 Pasta” by sending the order number and if damaged and pictures to: email@example.com.
9.3. Tracking information will be provided by mail as soon as the shipper accepted the order. “Shop 4 Pasta” will provide tracking information for shipped orders, allowing customers to monitor the progress of their packages.
9.4. Delays, “Shop 4 Pasta” is not responsible for delays in shipping or delivery due to circumstances beyond our control, including but not limited to weather, natural disasters, or carrier disruptions.
9.5 We will not be liable or responsible for any failure to perform, or delay the performance of any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
“Shop 4 Pasta” will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your order is not feasible, we will cancel your order and will credit your order cost, minus the shipping costs, as determined in our sole discretion or refund of a part or the whole of the purchase price for that order.
In the event that you are unhappy with your order (damage, difference in ordered products), you can reach out to us at firstname.lastname@example.org. Please do so within five (5) days of the date you received the unsatisfactory order. If related to ingredients or condition of a product in the order, we, at our sole discretion, may give you credit for the individual product, and in some situations, issue a partial or full refund for the order. We reserve the right, however, to require either the return of the unsatisfactory product, or a photograph of such, before any partial/full refund or credit will be issued. Any future release, update or other addition to the Offerings shall be subject to this Agreement. “Shop 4 Pasta”, its suppliers, and its service providers reserve all rights not granted in this Agreement.
You are responsible for the return costs, in case it was not agreed upon with “Shop 4 Pasta”.
“Shop 4 Pasta” is the owner and operator of the Site. Additionally, “Shop 4 Pasta” is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, or any Offerings (collectively the “Materials”) . The Materials and Offerings are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws throughout the world.
Subject to this Agreement, “Shop 4 Pasta” grants Users a limited license to use the Materials in order to utilize “Shop 4 Pasta” Offerings for personal, non-commercial use. Any other use of “Shop 4 Pasta” materials, including modification, distribution, or reproduction for purposes other than the personal usage of “Shop 4 Pasta” Offerings, without written approval from “Shop 4 Pasta” (which can be provided through email) is prohibited. Any future release, update or other addition to the Offerings shall be subject to this Agreement. “Shop 4 Pasta”, its suppliers, and its service providers reserve all rights not granted in this Agreement.
11.1 Trademarks. “Shop 4 Pasta”, all other “Shop 4 Pasta” marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of “Shop 4 Pasta” or otherwise proprietary to “Shop 4 Pasta” and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Offerings. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offerings.
11.3 Procedure for Making Claims of Copyright Infringement. “Shop 4 Pasta” reserves the right to terminate any end-user’s access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent email@example.com.
12.1 You may use “Shop 4 Pasta” Offerings only for lawful purposes and in accordance with these Terms and Conditions. By visiting our Site or by using our Products, you hereby agree not to use the Offerings:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate “Shop 4 Pasta”, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To impersonate or attempt to impersonate “Shop 4 Pasta”, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm “Shop 4 Pasta” or users of the Site or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
Otherwise attempt to interfere with the proper working of the Site.
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by “Shop 4 Pasta”, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, social media, other Content, or Products) are solely between you and such third parties; and (ii) that it is impossible for “Shop 4 Pasta” to monitor such materials and that you access these materials at your own risk.
You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and “Shop 4 Pasta”; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by “Shop 4 Pasta” without “Shop 4 Pasta” express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of “Shop 4 Pasta” Content or the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the Site in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which “Shop 4 Pasta” has not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site for any illegal purpose.
15.1 Pursuant to the specifications located in this Agreement, the Site, or any social media platforms on which “Shop 4 Pasta” has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement (including, but not limited to, the Prohibited Uses set out in Section 12 of these Terms, respectively). You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site, and you, not “Shop 4 Pasta”, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that:(1) You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content does not infringe on any patent trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (2) You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that is found by “Shop 4 Pasta” in its sole capacity to be false, misleading, untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by “Shop 4 Pasta” in our sole discretion, and (3) all of your User Content does and will comply with this Agreement.
15.2 Except where prohibited by applicable law, “Shop 4 Pasta” may pull content from our Users who share photos, reviews, videos on social media using our brand name, brand hashtags, including without limitation, #shop4pasta, #shopforpasta, (collectively, the ““Shop 4 Pasta Hashtags”), or tagging “Shop 4 Pasta” using the @shop4pasta or @shopforpasta account. You acknowledge and agree that by using our brand name, tagging “Shop 4 Pasta”, or using a “Shop 4 Pasta” Hashtag, that it may be used by “Shop 4 Pasta” in our marketing materials, including but not limited to, our emails, our advertisements, and on our Site, and you hereby grant us permission to use and authorize us to use your name or social media handle in association with your User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your “Shop 4 Pasta” account or the Services. You represent and warrant that the posting and use of your User Content, including to the extent that your User Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
15.3 Except where prohibited by applicable law, You acknowledge and agree that by using our brand name, tagging “Shop 4 Pasta”, or using a “Shop 4 Pasta” Hashtag or by uploading any User Content you hereby grant “Shop 4 Pasta” and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, upload, store, distribute, perform and publicly display your User Content, in whole or in part and any name, username, likeness, voice, or photograph provided in connection with your User Content without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For sake of clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
15.4 Except where prohibited by applicable law, You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively “Feedback”) that you provide us are non-confidential and we will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
15.5 Except where prohibited by applicable law, You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of “Shop 4 Pasta” or our users.
You agree to defend, indemnify and hold harmless “Shop 4 Pasta”, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify “Shop 4 Pasta” of any third-party claims, cooperate with “Shop 4 Pasta” in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and “Shop 4 Pasta”. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Offerings.
17.1 Allergen Information. PLEASE NOTE THAT THE NINE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT (gluten-free), EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, SHELLFISH, AND SESAME ARE STORED, PORTIONED, AND PACKAGED IN “Shop 4 Pasta” AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE “Shop 4 Pasta” TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE PRODUCTS, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. “Shop 4 Pasta” DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT “Shop 4 Pasta” IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
17.2 Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, “Shop 4 Pasta”, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL “SHOP 4 PASTA” BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM “Shop 4 Pasta”, OR FROM EVENTS BEYOND “Shop 4 Pasta” REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL “Shop 4 Pasta” BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO “Shop 4 Pasta” BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
“Shop 4 Pasta” reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
Our philosophy is to treat all consumers, including our customers, honestly and reasonably. If a concern, complaint, or claim of any kind arises between you and “Shop 4 Pasta”,, you and “Shop 4 Pasta”, agree to work diligently and in good faith to reach a resolution that is fair and equitable to both sides using the informal settlement process described below. On occasion, despite our respective best efforts, a third party may be necessary to help resolve problems that may arise between you and “Shop 4 Pasta”. YOU AND “Shop 4 Pasta” AGREE THAT ALL DISPUTES BETWEEN YOU AND “Shop 4 Pasta” THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND “Shop 4 Pasta” ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.
20.2 All Persons and Entities Covered. You and “Shop 4 Pasta” agree that this agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and “Shop 4 Pasta”, or under your or “Shop 4 Pasta” direction or control, and all companies affiliated with “Shop 4 Pasta” (including, but not limited to, parents, subsidiaries, and sibling corporations, if any). This arbitration agreement is binding not only on you and “Shop 4 Pasta”, but also your and “Shop 4 Pasta” respective heirs, successors, and assigns.
20.3 Governing Law. You and “Shop 4 Pasta” agree that all arbitrations between you and “Shop 4 Pasta” under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of New York shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of New York are consistent with the FAA. With regard to dispute resolution between you and “Shop 4 Pasta” (including arbitration), if there is a conflict between this provision and any other provision of the Terms regarding governing law, this provision shall control.
20.4 The Informal Settlement Process. Before you or “Shop 4 Pasta” can file a claim in arbitration or small claims court, you and “Shop 4 Pasta” are each required first to participate in an informal settlement process for a period of sixty (60) days for the purpose of resolving all Disputes. To initiate the informal settlement process, the claiming party must send to the other party a short, written statement (a “Claim Statement”) providing the claimant’s name and address; explaining the Dispute in sufficient detail for the other party to understand and investigate it; and presenting a proposal for resolving it (including any amount of money being claimed and how that amount was calculated). You agree to send Claim Statements by email to firstname.lastname@example.org or by certified mail, return receipt requested to “Shop 4 Pasta”, Attn: Legal Department, 14600 Innovation Dr., Riverside, CA 92518-3026
If applicable, “Shop 4 Pasta” agrees to send Claim Statements by email to an email address you have previously provided to “Shop 4 Pasta” or by certified mail, return receipt requested to an address you have previously provided to “Shop 4 Pasta”. You and “Shop 4 Pasta” will then, upon receipt of any Claim Statement, attempt in good faith to resolve each Dispute described in the Claim Statement on an individual basis. If any such Dispute is not resolved within sixty (60) days following the receipt of a Claim Statement, you and “Shop 4 Pasta” thereafter have the right to resolve any such Dispute either in small claims court or by individual arbitration, subject to the requirements described below. Any statutes of limitations applicable to such Disputes shall be suspended for the sixty (60) day period during which you and “Shop 4 Pasta” attempt to resolve such Disputes informally. You and “Shop 4 Pasta” may agree to extend the period for informally resolving such Disputes beyond sixty (60) days, and, if so, any applicable statutes of limitation will be suspended for that additional period as well.
20.5 Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the conclusion of the sixty (60) day informal settlement period, Disputes presented in a Claim Statement, but not resolved, may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location you and “Shop 4 Pasta” agree on, but only if the Disputes (and the relief sought) qualify to be brought in that court; or (2) binding individual arbitration as provided for in this agreement, below.
While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual litigant, and must interpret and apply this agreement as a court would. Court review of an arbitration decision is limited. To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and “Shop 4 Pasta” agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. In the event you and “Shop 4 Pasta” disagree on whether a Dispute must be arbitrated or disagree concerning the scope of the arbitrator’s powers, the arbitrator shall have, but only to the extent permitted by law, the sole authority to address all such disagreements, including, but not limited to, arguments concerning or related to the formation, legality, interpretation, and enforceability of this agreement, the scope of the arbitration agreement, the applicability of this agreement to you and “Shop 4 Pasta”, and the arbitrability of any Dispute arising between you and “Shop 4 Pasta”. Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to Mass Arbitration set forth below) and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees by the American Arbitration Association (“AAA”) or any other organization, arbitrator, or mediator in a manner inconsistent with this agreement.
The arbitration process and dispute resolution process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (which is defined below). In the case of a Mass Arbitration, if there is a conflict between these General Arbitration Rules and the rules described below pertaining to Mass Arbitration, the Mass Arbitration Rules will control. Otherwise, these rules (the “General Arbitration Rules”) shall, alone, control. All arbitrations shall be before a single arbitrator. Arbitrations involving consumer Disputes shall be governed by this agreement and the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All other arbitrations shall be governed by this agreement and the then-current AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this agreement and any applicable AAA rules and protocols, this agreement shall control except to the limited extent necessary to preserve the mutual obligation to arbitrate Disputes on an individual basis. Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including affidavits. All other arbitrations will be conducted, at your election, either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and “Shop 4 Pasta” agree otherwise. Any personal appearances agreed to by you and “Shop 4 Pasta” must be at a location convenient to you. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so. For individual arbitrations (including bellwether arbitrations only under the Mass Arbitration Rules, below), the AAA shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the Dispute(s) to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing such a request online through the AAA’s website: https://www.adr.org/Support. For requests for arbitration initiated against “Shop 4 Pasta”, a copy of the arbitration request shall also be sent to “Shop 4 Pasta” by email to email@example.com or by certified mail, return receipt requested to “Shop 4 Pasta” , Attn: Legal Department, 14600 Innovation Dr., Riverside, CA 92518-3026. If the AAA is, for any reason, unavailable, unable, or unwilling to administer any arbitration which it is required to administer under these rules, you and “Shop 4 Pasta” shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our agreement. If such an alternative cannot be agreed upon, you or “Shop 4 Pasta” may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with the requirements of this agreement.
If and only if twenty-five (25) or more consumers (each a “Mass Arbitration claimant”) or their lawyers file, threaten to file, or indicate an intention to file demands for arbitration against “Shop 4 Pasta” raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules shall apply (the “Mass Arbitration Rules”). In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration Rules and any other provisions of the Terms, these Mass Arbitration Rules will control. These Mass Arbitration Rules shall not apply to you unless you qualify as a Mass Arbitration claimant. Each Mass Arbitration claimant must complete the informal settlement process before that Mass Arbitration claimant can proceed to arbitration. Counsel for claimants and “Shop 4 Pasta” shall agree to the submission of a single Claim Statement for all Mass Arbitration claimants, but only if that Claim Statement identifies all Mass Arbitration claimants by name and mailing address. Once the sixty (60) day informal settlement process has ended for all Mass Arbitration claimants, the Mass Arbitration claimants must then follow the “bellwether procedure” described below in which a group of ten (10) selected claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be settled. Any statutes of limitations applicable to Disputes in a Mass Arbitration shall be stayed until the informal settlement process has been completed for all Mass Arbitration claimants. Counsel for the Mass Arbitration claimants and “Shop 4 Pasta” counsel shall each select five (5) claimants for bellwether arbitrations (ten (10) in total) to be each promptly decided individually as a bellwether arbitration conducted pursuant to the General Arbitration Rules, with each case assigned to a separate arbitrator. “Shop 4 Pasta” reserves the right, at its sole discretion, to permit counsel for claimants to select all ten (10) bellwether cases. Each bellwether arbitration shall be completed within one-hundred-twenty (120) days from the date by which all ten (10) Mass Arbitration claimants have been selected for bellwether arbitrations unless the parties agree to a different deadline. In the meantime, no other demands for arbitration may be filed, processed, or in any way deemed filed by the arbitration administrator or arbitrator, but instead shall be stayed until the ten bellwether arbitrations and the subsequent mediation process required by the Mass Arbitration Rules (and described below) has ended. No fees or arbitrator compensation shall be assessed regarding such stayed cases while the bellwether arbitrations are arbitrated and until the mediation required by the Mass Arbitration Rules is concluded. For such stayed Disputes, all applicable statutes of limitation shall be stayed until the mediation process required by these Mass Arbitration Rules has ended. Upon the resolution of the ten (10) bellwether cases, counsel for “Shop 4 Pasta” and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all the Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under the then-current Mediation Procedures of the AAA. https://www.adr.org/sites/default/files/Mediation%20Procedures%20of%20the%20American%20Arbitration%20Association%20Oct%2001%2C%202009.pdf. If, prior to or during the mediation required by these Mass Arbitration Rules, “Shop 4 Pasta” presents a written settlement offer seeking to resolve the claims of some or all Mass Arbitration claimants, counsel for those claimants shall, to the extent allowed by law, present that written settlement offer to each Mass Arbitration claimant to which it is directed. If the bellwether arbitrations and the subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then, after the conclusion of the bellwether arbitrations and mediation, those Mass Arbitration claimants whose Disputes have not been resolved may each pursue those Disputes on an individual basis with FairClaims, Inc. (“FairClaims”) only (and not with AAA or any other arbitration or organization or arbitrator), https://www.fairclaims.com, to be arbitrated not under the General Arbitration Rules above (which shall be inapplicable), but under FairClaims’s then-current Small Claims Rules & Procedures, https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. You and “Shop 4 Pasta” agree to split FairClaims’ fees equally, while reserving the right to ask the arbitrator to allocate the fees differently, which the arbitrator may do to the extent permitted by applicable law or if fairness so requires. Any arbitrations initiated by Mass Arbitration claimants and pending at the conclusion of mediation with arbitration organizations or arbitrators other than FairClaims shall promptly be dismissed without prejudice. To the extent that any cause of action or claim for relief cannot for any reason be addressed by FairClaims under its Small Claims Rules & Procedures, you and “Shop 4 Pasta” agree that any court proceedings involving Mass Arbitration claimants and “Shop 4 Pasta” concerning their Disputes shall be stayed pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief. If the AAA is, for any reason unavailable, unwilling, or unable to handle the bellwether arbitrations and mediation called for by these Mass Arbitration Rules, “Shop 4 Pasta” and counsel for claimants shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of these Mass Arbitration Rules. If such an agreement cannot be reached for any reason, “Shop 4 Pasta” or counsel for claimants may petition a court of competent jurisdiction to appoint an organization or individual to conduct the bellwether arbitrations and mediation consistent with the requirements of these Mass Arbitration Rules. In the event that the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and “Shop 4 Pasta” agree that all unresolved Disputes between Mass Arbitration claimants and “Shop 4 Pasta” must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis if the Dispute so qualifies), and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants remain pending upon the event of a Final Determination, they shall immediately be dismissed without prejudice. A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms, including, but not limited to, the General Arbitration Rules and all provisions of this agreement applicable to Disputes which do not involve Mass Arbitration claimants.
20.9 No Class Actions. Except as expressly provided for in the Mass Arbitration Rules in the event of a Final Determination, you and “Shop 4 Pasta” agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor “Shop 4 Pasta” can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this agreement, including this section, is intended to limit the relief available to either you as an individual or “Shop 4 Pasta” in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Nor does anything in this section limits your or “Shop 4 Pasta” ’s rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.
20.10 Fees and Costs. You and “Shop 4 Pasta” will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Disputes.
20.11 Rules of Construction. The requirements of the Terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all Disputes in arbitration in a way that is cost-effective to all parties.
20.12 Severability. If for any reason any provision of the Terms related to dispute resolution shall be held to be unenforceable, the remaining provisions of the Terms shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties. To the extent that any provision of the Terms is found to be inconsistent with rights, duties, and requirements of the arbitration agreement, or where the application of such a provision would change or render unenforceable any provision of the arbitration agreement, such provision shall be null, void, and of no effect for purposes of dispute resolution and the dispute resolution provisions shall control.
20.13 Survival. All provisions of the Terms relating to dispute resolution shall survive the termination, cancellation, or expiration of the Terms or of your customer relationship with “Shop 4 Pasta”.
20.14 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your “Shop 4 Pasta” username (if any), the email address you used to set up your “Shop 4 Pasta” account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
22.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings, unless terminated earlier in accordance with the Agreement.
22.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement.
22.3 Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if “Shop 4 Pasta” is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in “Shop 4 Pasta” sole discretion and that “Shop 4 Pasta” shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
22.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. “Shop 4 Pasta” will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
22.5 No Subsequent Registration. If your registration(s) with or ability to access the Service is discontinued by “Shop 4 Pasta” due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, “Shop 4 Pasta” reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by “Shop 4 Pasta” of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.
This Agreement and any document expressly referred to herein constitute the whole agreement between you and “Shop 4 Pasta”, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of “Shop 4 Pasta”. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and use electronic means, whether you visit Services or send “Shop 4 Pasta” emails, or whether “Shop 4 Pasta” posts notices on Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from “Shop 4 Pasta” in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that “Shop 4 Pasta” provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
You may not use, export, import, or transfer the Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the Offerings may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Where “Shop 4 Pasta” requires that you provide an email address, you are responsible for providing “Shop 4 Pasta” with your most current email address. If the last e-mail address you provided to “Shop 4 Pasta” is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, “Shop 4 Pasta” ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to “Shop 4 Pasta” at the following address: “Shop 4 Pasta” Legal, 14600 Innovation Dr., Riverside, CA 92518-3026. Such notice shall be deemed given when received by “Shop 4 Pasta” by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.