USE OF SITE
Frullati Café & Bakery® ("Frullati®") authorizes you to view and download the materials at this website and other Frullati® websites that are linked to this site or affiliated with this site ("site"), under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the site (collectively "Content") may not be copied, distributed, or republished, uploaded, posted, publicly displayed, performed or transmitted in any way, without the prior written consent of Frullati® EXCEPT: only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other website or networked computer environment for any purpose is prohibited.
USE OF SOFTWARE
If you download any software from this site ("Software"), the Software, including all code, files and images contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Frullati®. Neither title nor intellectual property rights are transferred to you, but remain with Frullati®, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Frullati®, are all registered trademarks, pending applications, and/or common law marks of Frullati® in the United States and over 25 foreign countries.
Frullati's® trademarks may be used publicly with permission only from Frullati®. Fair use of Frullati's® trademarks in advertising and promotion of Frullati® products requires proper acknowledgment. No Frullati® trademark or service mark may be used as a hyperlink without Frullati's® prior written permission.
All other names and brands are the proprietary Marks of others.
The various Marks on this site represent some of the Marks currently owned or controlled in the United States and/or in one or more other countries by Frullati® or under license to Frullati®. The display of these Marks and of notices associated with these Marks is not intended to be a comprehensive compilation of all Frullati® worldwide proprietary ownership rights, and Frullati® may own or control other proprietary rights in one or more countries outside of the United States.
Frullati® does not accept, nor does it solicit, any product or process ideas, innovations suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this site (together, the "Communications") are assigned to, and will forever be the property of, Frullati® without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the Frullati® Privacy Statement, any Communications will be considered non-confidential and non-proprietary. Frullati® will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Frullati® operations. Frullati® will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.
For any Communications that cannot be legally assigned to Frullati®, you hereby grant Frullati® and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Frullati® is free to use any ideas, concepts, know-how or techniques that you send Frullati® for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.
You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.
Frullati® may, but is not obligated to, monitor or review any areas on the site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Frullati®, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
LINKS TO THIRD PARTY WEBSITES
This site may provide links to other third party websites or resources. Such links to third party websites on this site are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with the third party or its products and services. Frullati® has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Frullati® makes no representations whatsoever about any other website, which you may access through this site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you acknowledge and agree that Frullati® is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Frullati® shall not 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 third-party materials, content, products or services available on or through any such site or resource.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
FRULLATI® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.
FRULLATI® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WHILE Frullati® MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Frullati® ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Frullati®. Frullati® UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE SECTION OF THE SITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF A UNIFORM FRANCHISE OFFERING CIRCULAR (UFOC). FILING OF AN APPLICATION FOR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
LIMITATION OF LIABILITY
IN NO EVENT WILL FRULLATI®, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, FRULLATI’S®TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Frullati® respects the intellectual property rights of others and expects its users to do the same. Frullati® will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA) DMCA website. Any notifications of claimed copyright infringement must be sent to Frullati® at the following address: email@example.com. When notifying Frullati® of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Frullati® is an equal opportunity employer committed to a diverse workforce. Frullati’s® franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. The franchisee is the entity responsible for all employment related decisions. To be considered for a posted job opportunity, you must submit an application.
Frullati® recognizes the need to protect the privacy of users of this site, and to provide additional privacy protection to children. Frullati® encourages parents to supervise their children's online activities. Children 12 years old and younger may visit this site without disclosing any personally identifiable information.
ACCEPTANCE OF TERMS
You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. Copyright © 2010 Frullati®. All Rights Reserved.