Adopted on 7/02/2020. Last Revised on 7/19/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Nonna’s Signature Sauces, LLC. also known as Nonna’s Pasta Sauce, in association with the use of the Nonna’s Signature Sauces, LLC. website, which includes www.NonnasSignatureSauces.com and www.NonnasPastaSauce.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Nonna’s Signature Sauces, LLC. also known as Nonna’s Pasta Sauce is an online retailer of a variety of gourmet Pasta Sauces and other Italian Cuisine products available for purchase, conducting both direct to consumer and business to business sales transactions.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, Nonna’s Signature Sauces, LLC. may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Nonna’s Signature Sauces, LLC. does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledges, accepts and agrees that Nonna’s Signature Sauces, LLC. shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS-IS” and as such Nonna’s Signature Sauces, LLC. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of Nonna’s Signature Sauces, LLC., also known as Nonna’s Pasta Sauce, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Nonna’s Signature Sauces, LLC. Services and/or products under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Nonna’s Signature Sauces, LLC. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Nonna’s Signature Sauces, LLC. services, or any portion thereof.
It is Nonna’s Signature Sauces, LLC., priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that any child under the age of 13 is not permitted to create an account with Nonna’s Signature Sauces, LLC.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Nonna’s Signature Sauces, LLC. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Nonna’s Signature Sauces, LLC. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONTRIBUTIONS TO COMPANY WEBSITE
Nonna’s Signature Sauces, LLC. provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your Contributions do not contain any type of confidential or proprietary information;
- Nonna’s Signature Sauces, LLC. shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- Nonna’s Signature Sauces, LLC. shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit
- the contributor’s Contributions shall automatically become the sole property of Nonna’s Signature Sauces, LLC.; and
- Nonna’s Signature Sauces, LLC. is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Nonna’s Signature Sauces, LLC. sites.
Nonna’s Signature Sauces, LLC. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of Nonna’s Signature Sauces, LLC., you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that Nonna’s Signature Sauces, LLC. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of activity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with you Nonna’s Signature Sauces, LLC. account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with Nonna’s Signature Sauces, LLC. shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within Nonna’s Signature Sauces, LLC.
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Nonna’s Signature Sauces, LLC. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Nonna’s Signature Sauces, LLC. or any third parties, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Nonna’s Signature Sauces, LLC. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NONNA’S SIGNATURE SAUCES, LLC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LAIBLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Nonna’s Signature Sauces, LLC. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of Nonna’s Signature Sauces, LLC. trademarks, copyright, trade name, service marks, and other Nonna’s Signature Sauces, LLC. also known as Nonna’s Pasta Sauce, logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Nonna’s Signature Sauces, LLC. You herein agree not to display and/or use in any manner the Nonna’s Signature Sauces, LLC. logo or marks.
This TOS constitutes the entire agreement between you and Nonna’s Signature Sauces, LLC. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Nonna’s Signature Sauces, LLC. goods and services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Nonna’s Signature Sauces, LLC. goods and services, affiliate services, or third-party content.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Nonna’s Signature Sauces, LLC. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of this TOS to Nonna’s Signature Sauces, LLC. as follows:
Nonna’s Signature Sauces, LLC.
(or Nonna’s Pasta Sauce)
P.O. Box 366.
Ankeny, Iowa 50021