Your use of a particular section of the Websites may also be subject to additional terms as set forth in such section (“Additional Terms“). In the event that any of these Terms conflict with the Additional Terms or other terms and guidelines contained within any particular section of a Website or with any terms included with any product purchased from Tolerant, then these Terms shall control.
Please read these Terms carefully. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE WEBSITES.
Changes to These Terms
As we improve our products or the Websites, Tolerant may need to and reserves the right to change these Terms without notice. You are responsible for regularly reviewing these Terms and any Additional Terms (as defined above) posted on other sections of the Websites. Your continued use of the Websites after we post revised terms signifies your consent and acceptance of such terms.
License and Access to the Websites
Provided you abide by these Terms, Tolerant grants you a limited non-exclusive, nontransferable, non-sublicensable license to access and make personal and non-commercial use of the Websites.You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Tolerant and Tolerant’s business partners and customers (“Business Agreement“), the Business Agreement shall control.
Accessing, using, or copying any portion of the Websites or the Content (defined below) through the use of data mining (or similar data gathering/extraction tools), bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. Tolerant enforces a zero-tolerance spam policy regarding information transmitted through our network. Tolerant may determine in its sole discretion whether any transmissions are considered spam. Spam includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Websites, or e-mail that advertises any IP address belonging to Tolerant or any URL (domain) that is hosted by Tolerant.
- The use of web pages set up on ISPs that allow spamming that directly or indirectly reference customers to domains or IP addresses hosted by Tolerant.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
You may not create a link to the Websites without the express written permission of Tolerant. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of a Tolerant Website (e.g. www.TolerantFoods.com) so long as the link does not portray Tolerant, its affiliates, or their Content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tolerant logo or other proprietary graphic or trademark as part of the link without the express written permission of Tolerant.
No Unlawful or Prohibited Use
As a condition of your use of the Websites, you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You are prohibited from:
- Using the Websites in any manner which could damage, disable, overburden, or impair the Websites (or the network(s) connected to the Websites) or interfere with any other party’s use and enjoyment of the Websites;
- Attempting to gain unauthorized access to the Websites, other accounts, computer systems or networks connected to the Websites, through hacking, password mining or any other means;
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Websites;
- Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tolerant and/or its affiliates without express written consent of Tolerant;
- Using any meta tags or any other “hidden text” utilizing Tolerant’s name or trademarks without the express written consent of Tolerant;
- Removing or modifying any proprietary notice, copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Websites or Content or attempting to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Websites or Content;
- Decompiling, deciphering, disassembling, translating, modifying, reverse engineering, or otherwise attempting to access the source code of the Websites or Content, except where permitted by law notwithstanding this limitation;
- Uploading to the Websites the personal information of others that you are not authorized to provide;
- Providing any content, data or information to Tolerant that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- Using the Websites or Content in a way that suggests you are a representative of Tolerant;
- Using the Websites or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Websites or Content;
- Infringing or misappropriating the intellectual property, proprietary or privacy rights of any third party;
- Interfering with or disrupting the proper functioning of the Websites or Content, Tolerant’s or any third party’s systems used to host the Websites, or other equipment or networks used to provide the Websites or Content;
- Communicating the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Websites, or any part thereof;
- Circumventing the user authentication or security of the Websites or any host, network, or account related thereto;
- Using any application programming interface to access the Websites or Content;
- Making any use of the Websites or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions;
- Failing to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Websites or Content;
- Allowing any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Tolerant for someone other than the individual identified in the account information; and
- Causing damage to Tolerant’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any use which violates these Terms, gives Tolerant the right (without notice or liability) to revoke the aforementioned license, cancel any order, or to refuse, restrict, terminate or discontinue your access to the Websites (or any portions, components, or features of the Websites).
License to Submissions
If you submit any feedback, suggestions, recipes or other communications (each a “Submission” and collectively “Submissions”) to the Websites or to Tolerant, you are granting Tolerant, its affiliated companies, designees, and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Tolerant is under no obligation to post or use any Submission you may provide and Tolerant may remove any Submission at any time in its sole discretion.
Ownership of the Websites, Content, Trademarks and Copyrights
All pages within the Websites and any Content made available, including for download, are the property of Tolerant. The Websites, Content, Trademarks, and Copyrights are protected by United States and international copyright and trademark laws.
You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Websites, including the products made available on or through the Websites, and all Software (defined below), logos, button icons, images, audio clips, digital downloads, data compilations, information, text, data, graphics, product images, sound recordings, audio and visual clips, and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Websites or the Content. Such intellectual property and proprietary rights may include, but are not limited to, patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of Tolerant, except as indicated within these Terms.
All Tolerant brands are trademarks of Tolerant and, unless indicated otherwise, all page headers, custom graphics, button icons and scripts that appear on the Websites are service marks, trademarks and trade dress of Tolerant (collectively “Trademarks“) or its affiliates, subsidiaries, parent companies, in the United States and other countries.
The Trademarks are valuable assets of Tolerant and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Tolerant and, as such, may only be used by Tolerant or other authorized persons or entities for the benefit of Tolerant and only in connection with the products and services authorized by Tolerant. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Tolerant, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of Tolerant. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the Websites, including but not limited to the Content and software (“Software“), is owned by and is the copyrighted work of Tolerant and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Websites is the exclusive property of Tolerant and is protected by United States copyright laws and international treaty provisions. All Software used on the Websites is the property of Tolerant and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Websites or by Tolerant, please provide written notice to Tolerant’s designated agent for notice of claims of copyright infringement by sending an email to ComplianceAmericas@Barilla.com.
Your written notice must:
- contain your physical or electronic signature;
- identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
- contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
- contain a statement by you, made under penalty of perjury, that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
Member Account, Password, and Security
Certain customers and partners of Tolerant may receive a password from Tolerant to access certain information on the Websites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Tolerant immediately of any unauthorized use of your account or any other breach of security. Tolerant will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tolerant or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and Tolerant.
Links to Third Party Sites
Any dealings by you with third parties (including advertisers) included within the Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Tolerant shall not be responsible or liable for any part of any such dealings or promotions.
Risk of Loss for Purchases
All promotional items purchased from Tolerant, either through the Websites or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by Tolerant. However, in the event that any goods shipped to you are damaged or lost, Tolerant may issue you a prompt refund for the full amount of the goods damaged or lost. Tolerant’s liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see the Disclaimer of Warranties and Limitation of Liability section below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.
Product Warranty Information
Parties other than Tolerant manufacture certain products offered on the Websites. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see the Disclaimer of Warranties and Limitation of Liability section below for further information.
Privacy and Protection of Personal Information
Tolerant reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Websites or any portion thereof at any time, without notice or liability. Upon termination, you must cease use of the Websites, and neither you, nor any third party on your behalf, shall access or attempt to access the Websites for any purpose whatsoever.
You must be at least 18 years of age to transact any business with Tolerant or to submit any personal information to Tolerant. As such, if you transact or attempt to transact any business with Tolerant or submit or attempt to submit any personal information to Tolerant, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE WEBSITES IN ACCORDANCE WITH THESE TERMS.
Disclaimer of Warranties and Limitation of Liability
THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITES AND TO THE CONTENT THEREIN. TOLERANT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITES AT ANY TIME.
TOLERANT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ACCURACY OF THE WEBSITES OR THE CONTENT CONTAINED WITHIN THE WEBSITES FOR ANY PURPOSE. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TOLERANT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITES AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT TOLERANT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES. YOU SPECIFICALLY AGREE THAT TOLERANT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TOLERANT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITES BY ANY THIRD PARTY.
IN NO EVENT SHALL TOLERANT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY CONTENT OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOLERANT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ANY EVENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOLERANT’S AGGREGATE LIABILITY TO YOU WILL NOT EXCEED: (1) THE AMOUNT PAID BY YOU TO TOLERANT, IF APPLICABLE, TO ACCESS THE WEBSITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST TOLERANT, OR (2) $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
Waiver and Release of Liability
BY USING THE WEBSITES, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE TOLERANT, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TOLERANT FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF TOLERANT AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.]
You agree to indemnify, defend, and hold Tolerant and its parents, subsidiaries, affiliates, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claim, demand, liability, judgment, award, loss, cost, expense, fee, or damage, including reasonable attorneys’ fees: (i) arising out of or relating to your violation of these Terms or your use of the Websites, including, but not limited to, your Submissions and your use of Content, other than as expressly authorized in these Terms, and (ii) arising out of your use of any information obtained from the Websites.
Disputes and Applicable Law
All disputes against Tolerant, including but not limited to disputes as to these Terms; the license to the Websites; access restriction and/or termination relating to the Websites; Tolerant’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Illinois, U.S.A. and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Cook County, Illinois, U.S.A. You irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Additionally, in any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, court costs, and disbursements.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Waiver and Entire Agreement
Please be aware that we have locations in the United States and that the Websites are governed by United States law. If you are using the Websites or accessing the Websites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
If you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States, you may not use or access the Websites or Content. If you use the Websites or access the Websites outside of the United States, you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Websites. The Websites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday, through our Contact Us page or by telephone at 1-800-922-7455.