Terms & Conditions
(Updated October 14, 2014)
Your access and use of the Site are governed by this Agreement. By accessing or using the Site or otherwise assenting to these terms and conditions, You agree to the terms and conditions contained in this Agreement.may not access or use the Site.
From time-to-time, FORTESSA TABLEWARE SOLUTIONS, LLC may revise this Agreement, without any notice to You. You agree that, each time you access or use the Site or access or use the Application, You shall review and abide by the then-current version of this Agreement.
You and FORTESSA TABLEWARE SOLUTIONS, LLC agree as follows:
- 1. GENERAL INFORMATION.The Site permits each of its users (each, a "User") to view information about FORTESSA TABLEWARE SOLUTIONS, LLC and its products and to purchase products for the home, retail shops, and food service providers such as hotels and restaurants.
- 3. PERMITTED USE.
- 3.1. You shall use the Site only for the purposes expressly set forth on the Site. Any other use of the Site is prohibited.
- 3.2. Notwithstanding any other provision of this Agreement, You shall not: (a)access or use the Site for any purpose that is unlawful; (b) access or use the Site for any purpose that is not expressly permitted by the Site or this Agreement; (c) access or use the Site in any manner that could damage, disable, overburden, or impair any FTS computer system, server, or network; (d) access or use the Site in any manner that interferes with any other person's access or use of the Site; (e) attempt to gain unauthorized access to the Site, other accounts, or any FTS computer system, server, or network; (f) access or use materials or information through any means not intentionally made available by FTS; or (g) copy, distribute, publish, or display, in any way, any information You find on the Site without the express written consent of FTS.
- 3.3. Notwithstanding any other provision of this Agreement, You shall ensure that your use and access of the Site complies with all applicable laws and regulations.
- 3.4. The Site and the Application are not intended to be used by persons under the age of 18. You represent and warrant that you are at least 18 years of age.
- 3.5. If You fail to abide by this Agreement in any way, or fail to pay any amount to FTS when due, FTS may prohibit you from accessing or using the Site. No action or omission by FTS shall be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.
- 3.6. If You choose to buy products for a Home or Retail Shop through the Site, the transaction will be handled through Shopatron (ecommerce.shopatron.com) and will be governed by Shopatron's terms, conditions, and policies. Those terms, conditions, and policies are linked from the "BUY...." page of the Site and You agree to be bound by those terms, conditions, and policies. With respect to transactions handled through Shopatron, Shopatron is responsible for maintaining all industry-standard and proper security measures to protect your data, including, without limitation, adherence to Payment Card Industry ("PCI") data security standards.
- 3.7. If You choose to buy products for a Restaurant, You will be redirected to www.sterlingrestaurantsupply.com and the transaction will be governed by that site's terms, conditions, and policies, which are linked on the home page of that site.
- 4. FORTESSA TABLEWARE SOLUTIONS, LLC'S MARKS.
- 4.1. You acknowledge that FORTESSA TABLEWARE SOLUTIONS, LLC and its affiliates are the owner of certain trademarks and service marks including, without limitation, FORTALITE (Trademark Registration No. 4165807), FORTESSA (Trademark Registration Nos. 3237498, 3613319, 3603698, and 2594039), VITRALUXE (Trademark Registration No. 3247130), OCEANA (Trademark Registration No. 3090308), ACCENTZ (Trademark Registration No. 3217024), SUPERWHITE (Trademark Registration No. 3603669), LEADING THE WAY TABLEWARE (Trademark Registration No. 3719181), TECHNOCERAM (Trademark Registration No. 3693262), FORTALUXE (Trademark Registration No. 2672923), F Design Mark (Trademark Registration No. 3613320), FORTANIUM (Trademark Application Serial No. 86168509), D&V (Trademark Registration No. 3644511), and SRS (Trademark Registration No. 4593525) (each, a "FTS Mark").
- 4.2. You shall not use any FORTESSA TABLEWARE SOLUTIONS, LLC Mark except as expressly permitted by FTS.
- 4.3. You shall not take any action that might impair FTS's right, title, or interest in and to any of the FTS Marks (or any element thereof).
- 4.4. You shall not assert any right, title, or interest in or to any of the FTS Marks (or any element thereof).
- 5. DMCA NOTICE PROCEDURE.
- 5.1. FORTESSA TABLEWARE SOLUTIONS, LLC will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA").
- 5.2. If You believe that your work was copied or posted on the Site in a way that constitutes copyright infringement, please contact our designated agent: Jonathan D. Frieden, Esq., ODIN, FELDMAN & PITTLEMAN, P.C., 1775 Wiehle Avenue, Suite 400, Reston, Virginia 20190, email@example.com.
- 5.3. Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information: (a) a description of the copyrighted work which You claim has been infringed (if you are not the owner of the work, You must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (b) a description of where the allegedly infringing material is located on the Site; (c) information reasonably sufficient to permit FTS to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (d) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (e) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
- 5.4. Upon receipt of such written notification, conforming to the DMCA and containing the information described in Section 5.3, FTS will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed
- 5.5. If allegedly infringing material is removed by FTS, the alleged infringer may deliver a counter-notification to FTS's designated agent which complies with the provisions of the DMCA and includes the following information: (a) a physical or electronic signature of the alleged infringer; (b) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Site before it was removed or access to it was disabled; (c) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) the alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Priveo may be found, and that the alleged infringer will accept of process from the person who provided the notification or an agent of such person
- 5.6. Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in Section 5.5, FTS will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days. If FTS's designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, FTS will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notofication
- 6. THIRD-PARTY WEBSITES, COMPANIES, AND PRODUCTS. Mention of, or linking to, third party websites, companies, and products on the Site are for informational purposes only and constitute neither an endorsement nor a recommendation. Certain links on the Site will permit you to leave the Site. The websites linked by the Site are not under the control of FTS and FTS is not responsible for the content of any linked website.
- 7. INDEMNIFICATION. You shall defend, indemnify, and hold harmless FTS, its officers, directors, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney's fees and costs, made by any third party due to or resulting from your access or use of the Site; any breach of this Agreement by You; any false representation made by You in this Agreement; or any breach of a warranty made by You in this Agreement
- 8. DISCLAIMERS; LIMITATION OF LIABILITY.
- 8.1. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- 8.2. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE MAY CONTAIN LINKS TO OTHER SITES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE SITES.
- 8.3. ANY MATERIAL DOWNLOADED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE SITE OR THE APPLICATION IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
- 8.4. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.
- 8.5. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSEVER WHICH ARISE, IN WHOLE OR IN PART, FROM THE ACT OR OMISSION OF ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SHOPATRON.
- 8.6. IN ANY EVENT, COMPANY'S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT OR ARISING FROM YOUR ACCESS OR USE OF THE SITE OR INABILITY TO ACCESS OR USE THE SITE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
- 9. GOVERNING LAW.This Agreement is governed and shall be construed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
- 10. CHOICE OF FORUM. Any party commencing against any other party any legal proceeding (including, without limitation, any tort claim) arising out of, relating to, or concerning this Agreement shall bring that proceeding in the United States District Court for the Eastern District of Virginia or in the courts of Loudoun County, Virginia. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Section 10 has been brought in an inconvenient forum or that the venue of that proceeding is improper.
- 11. ATTORNEY'S FEES AND COSTS. Should any party breach this Agreement, the non-breaching party shall be entitled to an award of its costs and reasonable attorneys' fees expended in any action based upon the terms of this Agreement in any case in which it is the substantially prevailing party.
- 12. SEVERABILITY. In the event that any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this Agreement shall continue unabated and in full force and effect.
- 13. BINDING EFFECT. This Agreement shall be binding upon each of the parties and upon their respective successors and assigns, and shall inure to the benefit of each of the parties and to their respective successors and assigns.
- 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement between the parties and shall not be modified or superseded except upon the express written consent of both parties. This Agreement is not intended to confer upon any person, other than the parties, any rights or remedies.