Services & "Third-Party" Sites
- The Services may contain links to "third-party" Sites that are not owned or operated by Etalia Foods. Etalia Foods does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any "third-party" Sites. You hereby release Etalia Foods from any and all liability arising from your use of any “third-party” Sites.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Changes to these Terms
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Your Use of the Services
Etalia Foods Accounts & User Registration
- In order to create an account (OR use a previously created account), upload video/audio content and/or photographs, or contribute comments to the Services, you must be at least 14 years of age. You may not use another user's account without prior permission from the registered user. When creating your Etalia Foods account, you agree to (i) provide true, accurate, correct, and complete information, and (ii) maintain and update such information as your circumstances require. With the exception of Etalia Foods exercising its rights provided and reserved herein (including discretionary administrative and editorial rights), you are solely responsible for the activity that occurs on your account. You must keep your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your Etalia Foods account or password.
- Etalia Foods is not liable for any losses caused by any unauthorized use of your Etalia Foods account. You may, however, be liable for the losses of Etalia Foods and others as a result of such unauthorized use.
Online Store Terms
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
Accuracy, Completeness, and Timeliness of Information
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service & Prices
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing & Account Information
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- For more detail, please review our Returns Policy.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Use of the Services
You may access and use the Services, including the content and functionality, only if you agree to the following:
- You will not modify the Services, including but not limited to Etalia Foods' web tools or any related technologies.
- You will not access User Content or the Services Content (defined below) through any technology or means other than with the pages of the Services itself or other means Etalia Foods may make available.
- You will not use the Services, Services Content, User Content, or any other content, for any commercial use without Etalia Foods' prior written consent. Prohibited commercial uses include without limitation:
- sale of access to the Services, and related services;
- use of the Services, and related services for the purpose of obtaining advertising or subscription revenue (including the sale of advertising on the Services); and
- any use of the Services, and related services that Etalia Foods determines, in its sole discretion, to compete with or displace the market for Etalia Foods or the Services.
- If you use web tools made available by Etalia Foods, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of Etalia Foods web tools may be required from time to time. You agree to receive, download, and install such updates (and permit Etalia Foods to deliver these to you).
- You may not use or launch automated scripts (including "robots," "spiders," "WebCrawler's" or "offline readers") that access the Services, in a manner that delivers more messages than a human can produce using an on-line web browser. Subject to Etalia Foods' right to revoke the following at any time and for any reason or no reason, operators of search engines may use spiders to copy materials from the Services, for the purpose of and to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g. comments, email, etc.) for any commercial purposes.
- Etalia Foods may, in its sole discretion, cancel or amend any aspect of the Services at any time.
- The content available at the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (including Etalia Foods web tools), trademarks, service marks, and logos contained therein, but excluding User Content (collectively "Services Content"), is owned by Etalia Foods (or licensed by Etalia Foods to operate the Services) and shall not be altered, modified, compromised, or reverse engineered in any way. Services Content is provided to you "as is" and use of Services Content is restricted solely to personal use and may not be used for any other purpose without Etalia Foods' prior written consent. Subject to the permitted uses provided herein with respect to Services Content and User Content, Etalia Foods reserves all right, title, and interest in and to the Services Content.
- Your access to (including use and sharing of) User Content is limited to personal noncommercial use. User Content may not be copied, shared, or downloaded unless a "download" or similar link displayed on the Services for that User Content is available.
- You will not disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict use or copying of any Services Content or enforce limitations on use of the Services or the Services Content therein.
- You agree that Etalia Foods is not responsible for User Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Etalia Foods with respect thereto, and agree to indemnify defend and hold Etalia Foods, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of and visit(s) to the Services.
Your User Content and Conduct
- As a Etalia Foods account holder you may be able to submit content to the Services, or to Etalia Foods, including textual content, still photographs, audio and video content ("User Content").
- You affirm that you are the sole owner of and have all right, title, and interest in your User Content, and that no third party claims will result from such User Content.
- Etalia Foods does not endorse any User Content and Etalia Foods disclaims all liability in connection with your User Content. Etalia Foods does not allow the infringement of intellectual property rights on the Services and Etalia Foods will promptly remove all or disable access to User Content if properly notified that such User Content infringes or allegedly infringes on another's intellectual property rights. For the avoidance of any doubt, Etalia Foods reserves the right to remove User Content without prior notice at anytime and for any reason or no reason.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Account Termination Policy
- In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Etalia Foods will terminate your access to the Services, including closing your Etalia Foods account, if Etalia Foods determines, in its sole discretion that you are an infringer of another party's intellectual property rights.
Referral Program and rules...coming soon!
Digital Millennium Copyright Act
- If you are a copyright owner and believe that any User Content or other content found on the Services infringes upon your copyright(s), you (or your agent) may send Etalia Foods notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that Etalia Foods remove the material or restrict access to it.
- If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to Etalia Foods. If you wish to send a notice or counter-notice to Etalia Foods, please visit http://copyright.gov/ for details.
- All notices, counter-notices, and complaints should be sent to the Etalia Foods at the following address:
1630 30th St, Ste A-424
Boulder, CO 80301
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, Etalia Foods, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE PRODUCTS AND SERVICES SOLD ON THE SERVICES. Etalia Foods DOES NOT WARRANT OR REPRESENT THAT THE SERVICES CONTENT OR THE CONTENT LIMITED TO THE SERVICES ARE ACCURATE OR COMPLETE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SERVICES. Etalia Foods DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH ANY HYPERLINKED SERVICES AND Etalia Foods WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.
Limitation of Liability
IN NO EVENT SHALL Etalia Foods, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, AND ATTORNEYS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE SERVICES OR THE PRODUCTS AND SERVICES SOLD ON THE SERVICES, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE PRODUCTS AND SERVICES SOLD ON THE SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY "THIRD-PARTY", AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Etalia Foods SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO Etalia Foods DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
The Services are controlled and offered by Etalia Foods from its facilities in the United States of America. Etalia Foods makes no representations that the Services are appropriate or available for use in other locations and you are responsible for compliance with local law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Dispute resolution and contact information
Dispute Resolution. If you believe that Etalia Foods has not adhered to these Terms, please contact Etalia Foods by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Etalia Foods are unable to reach a resolution to the dispute, you and Etalia Foods will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Etalia Foods agree that any arbitration will be limited to the dispute between Etalia Foods and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Etalia Foods ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Etalia Foods otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
We welcome your comments or questions regarding these Terms. Please e-mail us at email@example.com
Updated: February 13, 2019