Terms Of Service

Your Agreement

This website, including all content, (“Site”) is owned and operated by Fiorucci Foods Incorporated (“Fiorucci”). All material, information, software, files, links, graphics, data, products or services (“Content”) on the website is owned or licensed by Fiorucci. By accessing or using this Site, you signify that you have read and agree to these Terms and to our Privacy Policy. If you do not agree to these Terms, you may not use this Site.

Your Use of the Site

Unless otherwise specified, the Site is provided for informational purposes only and for your personal and noncommercial use. You may not modify, copy, distribute, re-transmit, re-display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Site, without the prior written permission of Fiorucci. You may display and electronically copy, download and print hard copy portions of the Content contained on the Site for your own noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of Content on the Site is prohibited.

Any Content you download is owned by Fiorucci or its licensors. When you download these materials, they are provided to you by Fiorucci under a non-exclusive license that is revocable. Fiorucci retains full and complete title to the content and software, along with all of the associated intellectual property rights. You may not reverse engineer, disassemble or otherwise convert the Content to any other form usable by humans.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site.

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate (“Materials”) to Fiorucci through this Site will become the property of Fiorucci (and you hereby irrevocably assign such to Fiorucci), even if this agreement has terminated. Fiorucci and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the Materials.

Disclaimer

Fiorucci makes no warranties or representations about the accuracy or completeness of this site’s Content. This Site and Content are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fiorucci disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Fiorucci does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fiorucci does not make any warranties or representations regarding the use of the Content in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition to the above, you (and not Fiorucci) assume the entire cost of all necessary servicing, repair or correction caused to you or your computer by this Site.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

In no event shall Fiorucci be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Fiorucci has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Fiorucci, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your use of this Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your computer or Internet account, if applicable.

Links to Other Sites

This Site may provide access to other Internet websites. Fiorucci does not control these sites, and you access to them is solely at your own risk. Fiorucci also does not endorse or approve any products or information offered at sites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still in this Fiorucci Site or have moved to another website.

Cautionary Language Regarding Forward-Looking Statements

This Site contains “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from Fiorucci’s expectations and projections in these statements.

Jurisdiction

Fiorucci controls and operates this Site from the company’s headquarters in Phoenix, Arizona, in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of Arizona, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Maricopa County, Arizona.

Modification of the Website and these Terms

By providing material on this Site, Fiorucci does not promise that the materials will remain available to you. Fiorucci is entitled to terminate all or any portion of this Site at any time, without notice to you. Fiorucci also reserves the right to change the terms, conditions, and notices for this Site at any time by updating this posting and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Termination of Access to this Site

You agree that Fiorucci may, in its sole discretion and without liability to you, terminate or suspend access to this Site at any time and without notice to you if, in Fiorucci’s sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Content or any copies thereof.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable; the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Fiorucci regarding all aspects of your use of this Site.