1. Prohibited Conduct
You must not do, or attempt to do, any of the following:
1.1 access or use the Website in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by Rosina), or other than in full compliance with these Terms and Conditions;
1.2 alter information on or obtained from the Website;
1.3 use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
1.4 frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by Rosina;
1.5 impersonate or misrepresent your affiliation with any person or entity;
1.6 reverse engineer any licensed software, application, or any other aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website;
1.7 send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Website or any user thereof; or
1.8 take any action which might impose a significant burden (as determined by us) on the Website's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website.
2. Submission of Feedback
When you submit ideas, recipes, suggestions, documents, or proposals (collectively, "Feedback") to Rosina through our "Contact/Location" web page, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, Rosina may use and disclose your Feedback in any way; and (c) Rosina has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
4. Change of Use
Rosina reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Rosinaspaghettidinner.com shall not be liable to you for any such change or removal; and
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Rosina or otherwise used by Rosina as permitted by law.
6.2 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7. Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Rosina will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Rosina makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 To the maximum extent permitted by law, Rosina expressly disclaims all representations, warranties or conditions of any kind, whether express or implied. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you.
You agree to indemnify and hold Rosina and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Rosina arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Governing Law
These Terms and Conditions and all performances and claims of every nature between you and Rosina shall be governed by and construed in accordance with the law of the State of New York, without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Erie County, New York.
11. No Waiver
The failure of any party to exercise or enforce any right or provision of these Terms and Conditions, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms and Conditions for your records.
Thanks for visiting our Website! We hope that your experience here is enjoyable and that you will return often. If there is anything further we can do to help meet your food service needs, please let us know!
Effective: October 2010