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Terms and Conditions

Colavita USA Website Terms and Conditions
These terms and conditions (“Terms and Conditions”) apply to the use of the Colavita USA corporate webWebsite located at https://www.colavita.com, the Colavita USA store Website located at store.colavita.com, the Colavita recipe website located at https://colavitafoodservice.com, the Colavita Foodservice website located at https://colavitafoodservice.com, and all other Colavita USA websites that post a link to these Terms and Conditions (collectively, the "Website") by Colavita USA group affiliates worldwide ("Colavita USA," "we," "us" or "our").

By accessing or using the Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Website's Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Website or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Website.

Changes
Colavita USA reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Website following the posting of any changes will mean that you have accepted and agreed to the changes.

Content and Limitations on Use
All content contained on or accessed from the Website, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Colavita USA or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.

You may print or download Content from the Website for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Website in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.

You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.

Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Website for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Website or any other person’s use of the Website. If the Website contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website or to any Colavita USA server, or any of the products or services provided on, accessed from or distributed through the Website. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website.

You may not use the Website to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Colavita USA may at any time exercise editorial control over the Content of the Website.

You may not, without the approval of Colavita USA, use the Website to publish or distribute any advertising, promotional material, or solicitation to other users of the Website to use any goods or services. For example (but without limitation), you may not use the Website to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Website to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

Rights and Permissions
Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Colavita USA published works, images or other material should be directed to usa@colavita.com.

Material Provided to Us or Posted On or Through the Website
We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Website, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Website or by the members of any public or private community ("Submission") and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Website). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.

We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission. 

Notification of Infringement
Notifications regarding any alleged intellectual property infringement should be directed to the Colavita USA Legal Department by email addressed to usa@colavita.com

Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Website, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Website, for any service offered on or through the Website, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Website, the specific service or the subscribed or licensed product.

Links
The Website may contain links to third-party Websites or resources. Colavita USA is not responsible for the availability of external Websites or resources linked to the Website, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Colavita USA. Because Colavita USA is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked Websites, as their policies may differ from ours.

Colavita USA welcomes links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your Website by Colavita USA. You may not use on your Website any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Website any of the Content or other materials on the Website without prior written consent of Colavita USA. 

Systems Reliability
Colavita USA aims to keep the Website available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Colavita USA shall not be liable for lost altered, or corrupted information or non-availability of the Website.

Disclaimer of Warranties and Liability
Neither Colavita USA nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Website will be uninterrupted or error-free; that any defects will be corrected; that the Website, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Website.

THE Website AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE Website ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH COLAVITA USA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE Website AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Website. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL COLAVITA USA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Website OR ITS CONTENT, PRODUCTS OR SERVCES, OR SHALL THE LIABILITY OF COLAVITA USA OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Colavita USA does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Website or incorporated in the Content, products or services contained on, accessible from or distributed through the Website. 

Indemnification
You hereby agree to indemnify and hold Colavita USA, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Website or its Content, products or services.

Compliance
You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Website and its Content, products and 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. 

Governing Law and Venue
All matters relating to your access to or use of the Website, including all disputes, shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflicts of law principles, except if you reside outside of the United States, then the laws of the country of the Colavita USA regional office in the region where you reside. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the State of New Jersey, USA, except if you reside outside of the United States, then the courts located in the country of the Colavita USA regional office in the region where you reside. Any claim arising out of or in connection with your use of or inability to use the Website or its Content, products or services must be brought within one (1) year after the event or such claim is barred.