1. MEMBERSHIP AGREEMENT
The following Terms of Service (referred to as “TOS” or “Member Agreement”) are between you and FIRENTZAS FOODS, LLC. (referred to as “FIRENTZAS.COM”).
Please understand that your privacy and the privacy of your personal information is very important to us. Although we reserve the right to share this information with our partners with your permission, your information will be used expressly for the purposes of informing you about upgrades to our service, auditing, reminders relating to your membership or specific offers provided as a member of FIRENTZAS.COM.
These TOS constitute a legal document that details your rights and obligations as a FIRENTZAS.COM Member Account Holder (referred to as “Member“) of FIRENTZAS.COM Membership (referred to as the “Service” or “Account“). Users are not required to become members of FIRENTZAS.COM in order to peruse or otherwise browse the website, however, membership will be offered as a method of receiving more customized or exciting offers from FIRENTZAS FOODS, LLC or its affiliated partners. FIRENTZAS FOODS, LLC. may assign these TOS and its rights and obligations pertaining to the provision of the Service, or parts thereof, to a parent or affiliated company without notice. FIRENTZAS FOODS, LLC. may likewise assign these TOS, and its rights and obligations pertaining to the provision of the Service, or any parts thereof, to a parent or affiliated company without notice. All Members must accept these TOS as a condition of membership to the Service. For purposes of these TOS, “you” means the Member (or “Member Account Holder”) and all related roles or account users or holders therein.
If you are an individual, by accepting these TOS as a member, you confirm that you are doing so of your own volition and with intent to participate in the member benefits. If you are an entity, by accepting these TOS as a Member Account Holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated, if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours.
These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: http://www.FIRENTZAS.COM/terms or by visiting the “Terms and Conditions” link at the website www.FIRENTZAS.COM. If FIRENTZAS FOODS, LLC. makes a change to these TOS and that change has a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes. Please note that these TOS apply to you whether you pay a service fee directly to FIRENTZAS FOODS, LLC. or you receive the Service as part of an agreement between you and a third-party authorized to distribute, donate or resell all or a portion of the Service.
Description of Services
The Service is primarily an interest club that provides a vast collection of resources provided by FIRENTZAS FOODS, LLC that include but are not limited to: recipes, forums, promotional adverts, communication among members, news about upcoming events and company milestones, etc. To do this, FIRENTZAS FOODS, LLC reserves the right to maintain the storage of personalized content to be accessed by the FIRENTZAS.COM and authorized third parties in the event of a condition precedent, an emergency or the death a specific individual, whether it be the FIRENTZAS.COM member. Additionally, FIRENTZAS FOODS, LLC reserves the right to provide the personal information of members in the event that it is requested by law and in accordance with any outstanding warrants. You understand and agree that the Service is provided “AS-IS” and that FIRENTZAS FOODS, LLC. assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization information.
Registration Discounts or Promotions
Your Service may also include discounts or promotions. Discounts cannot be refunded and are not applicable to any other FIRENTZAS FOODS, LLC. Service. Any a la carte services available for discounts or on a promotional basis may change without notice. All discounts will terminate upon cancellation of the Service and are non-transferable.
User Discretion Advised.
In order to qualify as an FIRENTZAS.COM Account Holder, you must provide personal information and confirm that you have read and understand the terms of service.
When you accept these TOS and complete the registration process for the Service, you become the Member Account Holder. You or your designated Account User will be asked to choose a unique name for that account (“FIRENTZAS.COM Membership ID”). Member Account Holders are responsible for all activity on your Member Account. Violations of these TOS in a Member Account can result in suspension or termination of the Member Account and/or all associated Sub Accounts.
When using particular services on the FIRENTZAS.COM website, you may be subject to posted guidelines or additional terms applicable to those services. In addition, any outside or third party services offered by FIRENTZAS FOODS, LLC., may be governed by additional agreements. The posted guidelines, additional terms or additional agreements (as applicable) will be provided to you when you use, sign up for or register for those particular services. Unless otherwise expressly noted, the services provided by FIRENTZAS FOODS, LLC. are consumer services.
“Core Services” are those services that are included as part of your membership in the Service.
“A La Carte Services” are those premium services or ancillary services that you may optionally purchase over and above your Core Services and are added to your FIRENTZAS.COM Account. Upon cancellation of the FIRENTZAS.COM Membership ID, no refunds of previously purchased products will be provided.
Rewards Points and Promotional Loyalty Programs
Rewards points or promotional loyalty programs may be used within the services provided by FIRENTZAS.COM or FIRENTZAS FOODS, LLC. These points are purely for promotional purposes and carry no real monetary value. Points will be accrued by member account and will be attributed and tracked to specific member accounts in accordance with the promotional programs that are provided through FIRENTZAS FOODS, LLC and FIRENTZAS.COM. These points are non-transferrable, non-combinable and may not be used for exchange for other than what is defined on the FIRENTZAS website, which are subject to change, addition and cancellation without notice. The points available in this system are provided automatically upon enrollment by the user into the “Spiro Salsa Club” and will be provided automatically to users. Users may check their point balance after sign-in to the Firentzas portal.
Authorized Business Partner
FIRENTZAS FOODS, LLC. may elect to establish business partnerships in order to further expand, offer or distribute membership services. These partnerships may be in the form of a 3rd parties offering service as a “Bundled” product with their own offering, supplying service as a gift, establishing a revenue share model or provide safety related products or services of their own. These partners and their services will be explicitly identified if and when they are available.
Termination of Services and Benefits
Core Services, A La Carte Services, or any other benefits provided as part of the Service will terminate upon termination or discontinuance of your FIRENTZAS.COM Account with the Service or the expiration of the term without means of renewal, if applicable (collectively referred to as “cancellation“). All Core and A La Carte Services, discounts, and other benefits provided as part of or in connection with the Service are subject to change at any time without notice. You may cancel a service at any time by contacting FIRENTZAS.COM at:
“Contact Us” tab
|401 South LaSalle Street, Suite 1600
Chicago, IL 60605
2. CONNECTION TO THE SERVICES
No software will be provided to you by FIRENTZAS FOODS, LLC. You must provide all equipment, devices and software necessary to receive the Service, including, but not limited to, internet access and SMS Messaging. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service.
In no event will FIRENTZAS FOODS, LLC. be responsible for any telephone fees, text messaging fees, or other devices or services charges incurred as a result of the use of the Services or implementation of the Service provided. Use and implementation of the Service (or portions thereof) and of specific means of notification or alert may be subject to change or interruption.
Operational Limits; Force Majeure
While every measure has been undertaken to avoid technical and operational malfunctions, provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment, associated facilities, and accurate account information. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that FIRENTZAS FOODS, LLC. shall not be liable for such interruptions. You further understand and agree that FIRENTZAS FOODS, LLC. has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of FIRENTZAS FOODS, LLC. In addition, FIRENTZAS FOODS, LLC. will be liable for any failure of performance, if such failure is due to any cause beyond FIRENTZAS FOODS, LLC.’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, disabled cell tower, storm, alien invasion, time travel or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, recipient’s device limitations or delays caused by you, your designated contacts, your emergency responders or your equipment.
- FIRENTZAS FOODS, LLC. may have the inaccurate or expired e-mail or telephone information on file;
- The intended recipient may not be available or may elect, intentionally or unintentionally, to disregard the message or alert;
- The entering party may inaccurately input the FIRENTZAS.COM Membership ID;
- The intended recipient may not regularly check their telephone or e-mail;
- The intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
- FIRENTZAS FOODS, LLC. system or support may be unavailable due to Operational Limits; Force Majeure;
- FIRENTZAS.COM User may not have set up notifications;
- FIRENTZAS.COM User may have disabled the alert notifications;
- Inherent limitations.
- Text messages transferred and received may be limited to quantity and type of characters. This will limit the information FIRENTZAS FOODS, LLC. can send via text message.
- An intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
- FIRENTZAS FOODS, LLC. is equipped to send automated telephone messages for FIRENTZAS.COM Alerts. Telephone messages may be in the form of either a live person or automated message based on information provided by alert sender.
- Timing of alert or notification delivery is directly correlated to the speed and proper operation of the respective modes of communication.
3. YOUR REGISTRATION OBLIGATIONS
To make full use of the Service, all information that you provide to FIRENTZAS FOODS, LLC. must be accurate, including your name, e-mail address, address, telephone number, any service payment information (“Registration Data”). You are responsible for keeping such information up-to-date and must provide changes promptly to FIRENTZAS FOODS, LLC. by clicking on the “My Account” link at http://www.FIRENTZAS.COM.
Support & Customer Service
FIRENTZAS FOODS, LLC. provides free basic customer care for Services purchased from FIRENTZAS FOODS, LLC. and covered under these TOS. FIRENTZAS FOODS, LLC. reserves the right to change these Terms of Service from time to time in its sole discretion, with or without prior notice, by displaying the revised verbiage “Policy Updates” link at http://www.FIRENTZAS.COM . It is your obligation to periodically review the Terms of Service. Your use of the FIRENTZAS.COM Service following any such change (whether or not such changes are reviewed) constitutes your agreement to be bound by the Terms of Service as amended.
FIRENTZAS FOODS, LLC. is concerned about the safety and privacy of all its users, particularly children. By allowing your child permission to access all services accessible through the Service by children under 18 years of age with parental consent. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined below) provided through the Service are appropriate for a minor. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service, and the FIRENTZAS.COM Account Holder shall be responsible for the actions of the child/children as it relates to the use of the FIRENTZAS.COM Account and FIRENTZAS.COM Membership ID.
If you allow minors to access FIRENTZAS FOODS, LLC. features, please remind them of the severe penalties at law for misuse of the FIRENTZAS.COM Account features and the responsibility of the FIRENTZAS.COM Account Holder for the actions of the minors pursuant to this Agreement.
5. FIRENTZAS.COM AND FIRENTZAS.COM PRIVACY POLICIES
Registration data and certain other information about you is subject to the respective Privacy Policies of FIRENTZAS.COM. For more information, see http://www.FIRENTZAS.COM/privacy
6. FIRENTZAS FOODS, LLC. “OPT-OUT” OPTION
FIRENTZAS FOODS, LLC. may elect to contact you from time to time via email, telephone or text regarding updates and other potential improvements, modifications, and solicitations. You hereby consent to receive said emails, telephone calls or text solicitations on a continual basis at the election of FIRENTZAS FOODS, LLC. from FIRENTZAS FOODS, LLC.. Should you elect to not consent to receive emails, telephone calls and/or text solicitations from FIRENTZAS FOODS, LLC., you may unsubscribe from this type of contact or “OPT OUT” by contacting us at:
“Contact Us” tab
|401 South LaSalle Street, Suite 1600
Chicago, IL 60605
7. ACCOUNT SECURITY
The FIRENTZAS.COM User will set a password and FIRENTZAS.COM Membership ID upon completing the Service registration process. You agree to keep confidential all passwords, and remain solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, FIRENTZAS.COM Membership ID or IP address. You agree to do all of the following:
- immediately notify FIRENTZAS FOODS, LLC. if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your Member Account or Sub Account, password, FIRENTZAS.COM Membership ID, or any credit or charge card number provided to FIRENTZAS FOODS, LLC. by calling (312) 488-1012;
- ensure that you exit from your account at the end of each session; and
- periodically change your password.
You are responsible for all use of the Service under the Membership and for all purchases associated with or incurred under the Membership
Assumption of Risk
There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
Theft of Service
You agree to notify FIRENTZAS FOODS, LLC. immediately, in writing or by calling the FIRENTZAS.COM customer support line at 312-488-1012 if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Services (such as a copy of a police report). If applicable, you will be responsible for all charges incurred until you report the theft or fraudulent use, however, FIRENTZAS FOODS, LLC. may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to FIRENTZAS FOODS, LLC. of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by FIRENTZAS FOODS, LLC., after you report the theft or fraudulent use of the Services, you will remain responsible for paying your membership fees for Services not stolen or fraudulently used.
Agreement to Pay
FIRENTZAS.COM Account Holder agrees to pay all fees and charges specified when you order products through the website.
Commencement of Billing
Billing occurs with FIRENTZAS.COM as soon as orders are submitted and can take 3-5 days to show up in the users bank account. Receipts will be provided upon check out. Once purchased, products may not be returned due to food sanitation concerns unless in the case of quality issues, faulty shipping or delivery, or extensive damage before receipt.
If you purchase a FIRENTZAS.COM products, no refunds will be made at this time unless in the case of quality issues, faulty shipment or delivery, or extensive damage before receipt.
Credit Card Authorization
When purchasing products, you will be asked to provide us with a credit card number from a card issuer that we accept in order to purchase your products. You hereby authorize FIRENTZAS FOODS, LLC. to charge and/or place a hold on your credit card. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize FIRENTZAS FOODS, LLC. and/or any other company who bills products or services, or acts as billing agent for FIRENTZAS FOODS, LLC. to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide FIRENTZAS FOODS, LLC. with updated credit card information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither FIRENTZAS FOODS, LLC., FIRENTZAS.COM nor any FIRENTZAS FOODS, LLC. affiliated companies will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at FIRENTZAS FOODS, LLC. option, to the account number provided for such automatic payment or electronic funds transfer plan.
Method of Payment
Product charges will be billed to your FIRENTZAS.COM billing account or charged to a charge card or a credit card. Users will have the option to have their information saved in their profile. By authorizing FIRENTZAS FOODS, LLC. to save credit card, debit card or charge card debit information on your account from your financial institution, you are authorizing FIRENTZAS FOODS, LLC. or its respective designated representatives or agents to automatically continue using that identified card (or any replacement or assignment card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs FIRENTZAS FOODS, LLC. of such new replacement card account), financial account, or billing account for charges associated with your product purchases.
Other Charges; Failure to Pay
In the event you fail to pay charges, FIRENTZAS FOODS, LLC. is unable to bill you, or FIRENTZAS FOODS, LLC. is unable to bill outstanding sums for the Service to your credit card or apply to a deposit or advance payment; FIRENTZAS FOODS, LLC. reserves the right to bill outstanding sums to your credit card or to your FIRENTZAS.COM billing account or to send an invoice directly to you. FIRENTZAS FOODS, LLC. may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse FIRENTZAS FOODS, LLC. for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You also agree to pay all current charges for the Service as well as fees assessed against you or FIRENTZAS FOODS, LLC. on the charges and all late payment or other fees as stated on your bill. You will also be charged a fee for any check returned to FIRENTZAS FOODS, LLC. relating to the Service. FIRENTZAS FOODS, LLC. may modify its billing practices or late payment charges by providing you with prior written notice of the modification.
Your service may be suspended or terminated if your payment is past due, if you violate the Acceptable Use Policy; or if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow FIRENTZAS FOODS, LLC. to bill you for products.
Fees & Charges
FIRENTZAS FOODS, LLC. may, upon notice required by applicable laws, at any time change the amount of or basis for determining any product charge or institute new fees or charges. These new fees or charges will be implemented with notice to the users. Unless otherwise stated, all amounts are in U.S. Dollars.
If you believe you have been billed in error for the Service, please notify us within sixty (60) days of the billing date by contacting Customer Service about the error. FIRENTZAS.COM Customer Service can be reached at (312) 488-1012.
You may purchase a FIRENTZAS.COM products and decide to cancel. As long as the products have not been physically shipped, the cancellation of said orders will be respected. However, if products have already been shipped (24 hours post-order submission) these products cannot be cancelled and users will be expected to provide payment for said orders.
You are responsible for purchase and payment of network services (transport) needed for use of services. Any long distance, measured service or toll charges incurred by you to contact Firentzas during your use of FIRENTZAS.COM or FIRENTZAS FOODS, LLC will be your sole responsibility.
9. MEMBER CONDUCT
You agree that you will NOT use the Service to:
- Upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including but not limited to FIRENTZAS FOODS, LLC. or FIRENTZAS.COM personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or
- ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users without authorization.
Attempts to Break Security
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these TOS whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, including Public Use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.
10. INTERSTATE and INTERNATIONAL NATURE OF COMMUNICATIONS ON FIRENTZAS.COM AND FIRENTZAS.COM NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, uploading photos and files, and other Internet activities), you will be causing communications to be sent through FIRENTZAS.COM’s computer networks, portions of which are currently located in the United States and portions of which are located abroad. As a result, and also as a result of FIRENTZAS.COM’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate and international data transmissions.
11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Assumption of Risk
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FIRENTZAS FOODS, LLC., are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the Service. FIRENTZAS FOODS, LLC. does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable; and you may be exposing others to Content that others find objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you and/or the recipient of Service may not rely on any Content submitted to or transferred by FIRENTZAS FOODS, LLC. on your behalf.
Limitation of Liability
Under no circumstances will FIRENTZAS FOODS, LLC. be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Removal of Content
You acknowledge that FIRENTZAS FOODS, LLC. does not pre-screen Content uploaded or transmitted via the Service. Without limiting the foregoing, FIRENTZAS FOODS, LLC. will have the right to remove any Content that violates these TOS or is otherwise objectionable.
Preservation of Content
You acknowledge and agree that FIRENTZAS FOODS, LLC. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FIRENTZAS FOODS, LLC. and FIRENTZAS.COM, its users and the public.
Changes to Content
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to applicable security requirements; and/or (c) changes to conform and adapt to technical requirements of connecting networks or devices.
Grant of License
FIRENTZAS FOODS, LLC. does not claim ownership of Content you submit on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant FIRENTZAS FOODS, LLC. the following world-wide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available upon a condition precedent (ie: emergency activation of your FIRENTZAS.COM Membership ID in the system), you grant FIRENTZAS FOODS, LLC. the license to use, distribute, and publicly display such Content to the recipient of the Service solely for the purposes of providing the specific Service which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or FIRENTZAS FOODS, LLC. removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your FIRENTZAS.COM Membership ID in the system), you grant FIRENTZAS FOODS, LLC. the license to use, distribute and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or FIRENTZAS FOODS, LLC. removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your FIRENTZAS.COM Membership ID in the system), you grant FIRENTZAS FOODS, LLC. the perpetual, irrevocable and fully sub-licensable license to use, distribute, modify, adapt, publish, translate, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Condition Precedent” shall be deemed an event that requires the action of emergency responders, friends, family, teachers, employers, care providers and others as the case may be to alert your designated contacts or intended recipient as you desire and specifically elect.
You agree to indemnify and hold FIRENTZAS FOODS, LLC. and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS or your violation of any rights of another.
14. RESTRICTIONS ON USE AND PROHIBITION OF RESALE
The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application. All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of FIRENTZAS FOODS, LLC.
You agree not to permit anyone other than your Account User to use your Member Account.
15. GENERAL PRACTICES REGARDING USE
FIRENTZAS FOODS, LLC. may automatically disconnect your session for a period of inactivity, which period will be within FIRENTZAS FOODS, LLC. sole discretion.
General Practices & Limits
You also acknowledge that FIRENTZAS FOODS, LLC. may establish general practices and limits concerning use of the Service, including without limitation, limiting the maximum size and quantity text of transmission, the maximum size and quantity of email messages that may be sent from an Account on the Service; and the maximum disk space that will be allotted on the FIRENTZAS FOODS, LLC. network on your behalf. You agree that FIRENTZAS FOODS, LLC. shall have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Service, or for other Content maintained or transmitted by the Service. You acknowledge that FIRENTZAS FOODS, LLC. reserves the right to log-off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that FIRENTZAS FOODS, LLC. reserves the right to change these general practices and limits at any time without advance notice.
16. MODIFICATIONS TO SERVICE
FIRENTZAS FOODS, LLC. reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Should the technology become available, FIRENTZAS FOODS, LLC. and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the Service for which you signed up. Without limiting the foregoing, FIRENTZAS FOODS, LLC. may post, or email, notices of changes in the Service. It is your responsibility to check our website and your email address provided to FIRENTZAS FOODS, LLC. for any such notices. You agree that FIRENTZAS FOODS, LLC. will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
17. TERM AND TERMINATION
Termination for Cause
FIRENTZAS FOODS, LLC. may immediately terminate all or a portion of your membership or suspend any or all individual Member’s access to all or a portion of the Service, without notice, for conduct that FIRENTZAS FOODS, LLC. believes is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these TOS, any policies or guidelines posted by FIRENTZAS FOODS, LLC. on the Service; or (c) harmful to other users, Members, third parties or the Service. If FIRENTZAS FOODS, LLC. has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for the all charges for the Service through the date of termination. Use of a membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Member. Upon termination of your membership by FIRENTZAS FOODS, LLC. for any of the above-mentioned reasons, you will not establish a new membership with FIRENTZAS FOODS, LLC. for a period of not less than five (5) years from the date of termination. Upon termination of your membership, FIRENTZAS FOODS, LLC. will have no obligation to notify any third parties nor will FIRENTZAS FOODS, LLC. be responsible for any damages that may result or arise out of termination of your membership.
Third Party Termination
If you have obtained the Service from a third party, your right to use the Service may be cancelled or suspended by such third party without notice from FIRENTZAS FOODS, LLC..
FIRENTZAS FOODS, LLC. reserves the right to suspend or terminate your Service or to suspend or terminate any FIRENTZAS.COM Membership Account used by you in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff; (ii) is fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; ;(iv) violates the resale or restrictions on use provisions of this agreement or any other FIRENTZAS FOODS, LLC. policy, which may be amended from time to time, interferes with other Members’ use and enjoyment of the Services provided by FIRENTZAS FOODS, LLC..
Termination – Legal Event
In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes FIRENTZAS FOODS, LLC. to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations and orders, FIRENTZAS FOODS, LLC. may suspend or terminate the Service, or terminate these TOS without liability. In the event FIRENTZAS FOODS, LLC. cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such ruling, regulation or order; FIRENTZAS FOODS, LLC. may thereafter permanently terminate the Service and/or these TOS without liability.
Termination – Sub-contractor or Vendor Event
In the event a FIRENTZAS FOODS, LLC. subcontractor or vendor for the material features of the Service stops providing the Service (or any material features thereof) to FIRENTZAS FOODS, LLC. for any reason, FIRENTZAS FOODS, LLC. will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event that FIRENTZAS FOODS, LLC. cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, FIRENTZAS FOODS, LLC. may thereafter permanently terminate the Service and/or these TOS without liability.
Termination for Default
If you fail to pay any charge when due or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow FIRENTZAS FOODS, LLC. to bill you for the Service, and such condition continues un-remedied for thirty (30) days, you will be in default and FIRENTZAS FOODS, LLC. may suspend or terminate your Service and your FIRENTZAS.COM Account. Upon termination of the Service, your FIRENTZAS.COM Membership ID and Account will be permanently lost after the expiration of the cancellation period which is ninety (90) days from cancellation.
Term and Termination for Convenience
You agree to the specified term set forth in the promotional offer under which you purchased the Service. In the absence of a specified term, the term for your Service will be year-to-year. At the end of the promotional term, the Service shall convert to a year-to-year term at the then-current annual rates.
Contacts to Terminate Service
Should you elect to cancel your Account, you may effectuate this by following the “Contact Us” link at www.FIRENTZAS.COM or contacting us at:
“Contact Us” tab
|401 South LaSalle Street, Suite 1600
Chicago, IL 60605
Access to FIRENTZAS.COM After Termination
Upon termination of your Service, you will no longer have access to the FIRENTZAS.COM Service using your FIRENTZAS.COM Membership ID.
FIRENTZAS FOODS, LLC. has no responsibility for retaining or delivering Services for the Member Account at the time of that Member’s suspension, termination, or cancellation. After a Member’s suspension, termination or cancellation, FIRENTZAS FOODS, LLC. has no responsibility for retaining any data with respect to such Member Account.
18. DEALINGS WITH THIRD PARTIES
If you are receiving Service as part of an agreement between you and a third-party whom FIRENTZAS FOODS, LLC. has authorized to distribute or resell all or a portion of the Service, FIRENTZAS FOODS, LLC. is not responsible for or bound by the terms of any agreement you may have with that third-party.
The Service or third parties may provide links to other World Wide Web sites or resources. Because FIRENTZAS FOODS, LLC. has no control over such sites and resources, you acknowledge and agree that FIRENTZAS FOODS, LLC. is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FIRENTZAS FOODS, LLC. will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. FIRENTZAS FOODS, LLC. PROPRIETARY RIGHTS AND THIRD PARTIES
Nothing contained in these TOS may be construed to convey to you any interest, title, or license in the FIRENTZAS FOODS, LLC. or FIRENTZAS.COM Membership ID used by you in connection with the Service.
Acknowledgment of Third-Party Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FIRENTZAS FOODS, LLC. or advertisers; you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part without authorization of FIRENTZAS FOODS, LLC..
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRENTZAS FOODS, LLC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FIRENTZAS FOODS, LLC. AND FIRENTZAS.COM, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, FIRENTZAS FOODS, LLC. DOES NOT WARRANT THAT YOU OR YOUR INTENDED RECIPIENT WILL ALWAYS RECEIVE EMAILS OR TEXTS UPON A CONDITION PRECEDENT), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE RECIPIENT OR INTENDED USER WILL UTILIZE THE SERVICE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL TO YOUR COMPUTER OR FIRENTZAS.COM ACCOUNT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRENTZAS FOODS, LLC. OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMPUTER PORTION OF THE SERVICE — DIZZINESS, BLURRED VISION, LOSS OF SHORT TERM MEMORY, LIGHTHEADEDNESS AND NAUSEA.