Ittella International, LLC
Effective Date: 10 June 2020
Welcome to Tattooed Chef!
This website and any mobile applications or other technologies we use to provide our products and services (collectively, our “websites”) are provided by Ittella International, LLC, (“we”, “us”, “our”) the operator of Tattooed Chef. We are providing you with access to our websites subject to your compliance with the following terms and conditions (“Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITES–THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER.
By browsing, accessing, using, registering for, or making purchases on our websites, you are agreeing to our Terms, including any policies referred to herein.
Children Under the Age of 16
Our websites are not intended for children under 16 years of age. By using our websites, you affirm that you are over age 16. If you are under age 16, you may not access or use our websites.
Use of this Website
Subject to your compliance with these Terms‚ we grant you a limited‚ nonexclusive‚ nontransferable‚ non-sublicensable license to access and use our websites. This license grant does not include: (a) any resale or commercial use of our websites or content therein; (b) the collection and use of any product listings or descriptions; (c) the right to make derivative uses of our websites or their contents; (d) the right to use of any data mining‚ robots‚ or similar data gathering and extraction methods on our websites; (e) the right to distribute, publicly perform or publicly display any content of our websites; or (f) the right to download (other than page caching) any portion of our websites, except as expressly permitted by us. You may not use‚ frame or utilize framing techniques to enclose any of our trademark‚ logo‚ content or other proprietary information (including without limitation the images found at our websites‚ the content of any text or the layout/design of any page or form contained on a page, or other copyright, trademark, or intellectual property laws) without our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing our name‚ trademarks‚ or product names without our express written consent. Any breach of these Terms shall result, in addition to our other available remedies, in the immediate revocation of the license granted in this paragraph without notice to you. This license is revocable at any time.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of our websites so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner determined within our sole discretion. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without our express written permission.
Intellectual Property Rights
All content and functionality on our websites, including any text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of us or our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Our websites contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this copyright notice, which forms part of these terms and conditions.
Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any or all part of our websites without the prior consent of the copyright owner.
The Tattooed Chef name, the Tattooed Chef logo and all related names, logos, product and service names, designs and slogans are the registered and unregistered trademarks of Itella or its affiliates or licensors. You must not use such marks without the prior written permission of the owner. All other names, logos, product and service names, designs and slogans on our websites are the trademarks of their respective owners.
Third Party Links
In order to access some features of our websites‚ you may be required to register, and we may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our websites’ security. Each time you use a password or identification, you will be deemed to be authorized to access and use our websites in a manner consistent with these Terms, and we have no obligation to investigate the authorization or source of any such access or use of our websites. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITES 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.
When you use our websites or send emails to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our websites. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You may have the ability to submit questions, comments suggestions, reviews, ideas, and other information regarding our websites or our products (collectively “Feedback”). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Acceptable User Conduct
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to): (i) Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of our websites‚ except and to the extent expressly permitted under these Terms; (ii) Remove any copyright‚ trademark or other proprietary rights notice contained in or on our websites; (iii) Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of our websites; (iv) Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users; (v) Use or attempt to use another user’s account without authorization from them or from us; (vi) Reformat or frame any portion of any parts of our websites; (vii) Create user accounts by automated means or under false or fraudulent pretenses; (viii) Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment or use of our websites; (ix) Transmit or upload to our websites any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of our websites or any computer or other device or system‚ or the enjoyment of our websites by any user; (x) Use our websites to violate the security of or gain unauthorized access to any computer or computer network or other device or system; (xi)Take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on our websites, servers, or the IT infrastructure used to operate and make our websites available; or (xii) Use our websites to violate these Terms or any applicable local‚ state‚ federal or international law.
You may terminate your use of our websites at any time by closing your account, discontinuing your use of our websites. We reserve the right, without notice and in our sole discretion, to terminate your right to use our websites, or any portion of our websites, and to block or prevent your future access to and use of our websites or any portion of our websites.
You agree to indemnify and hold Ittella International, LLC and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of our websites, including any content you submit, post to or transmit through our websites, (ii) your violation of these Terms, or (iii) your violation of any rights of another user.
YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES.
Except as expressly provided, our websites, including all content on our websites, and services provided on or in connection with our websites are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND THOSE CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that our websites are accurate, complete, reliable, current or error-free. We do not represent or warrant that our websites or our servers are free of viruses or other harmful components. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
IN NO EVENT WILL ITELLA INTERNATIONAL, LLC OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ITTELLA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, products and services available through our websites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Ittella International, LLC is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
Arbitration and Dispute Resolution
YOU AND ITTELLA INTERNATIONAL, LLC AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute, claim or controversy between you and Ittella International, LLC, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Ittella’) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Ittella will provide such notice by e-mail to your e-mail address on file with Ittella and you must provide such notice by e-mail to firstname.lastname@example.org. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussion and negotiation. If the dispute cannot reach an amicable settlement, and following the expiration of the notice period, either party may initiate arbitration.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Judgment on the Award may be entered in any court having jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Ittella and you agree that any dispute hereunder will be submitted to arbitration on an individual basis only. Neither Ittella nor you are entitled to arbitrate any dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of California.
Governing Law and Jurisdiction
All matters relating to our websites and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).