This is a binding agreement. By using the Internet site located at www.tuttibrand.com (the
"Site") or any services provided in connection with the Site (the "Service"), you agree to abide
by these Terms of Use, as they may be amended by Biscotti Brands LLC, is a California limited liability
corporation (the "Company") from time to time in its sole and absolute discretion. The
Company may modify these Terms of Use from time to time in its sole and absolute discretion
and without the duty to notify you of such modification. It is your responsibility to review these
Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you
must immediately leave the Site and cease all use of the Service and the Site.

You agree that by using the service you represent that you are at least 21 years old and that you
are legally able to enter into this agreement. California use only

The Site is controlled and operated by the Company from its offices in the State of California.
The Company makes no representation that any of the materials or the Services to which you
have been given access are available or appropriate for use in other locations. Your use of or
access to the Site should not be construed as Company's purposefully availing itself of the
benefits or privilege of doing business in any state or jurisdiction other than California.

Privacy Policy
The Company respects your privacy and permits you to control the treatment of your personal
information. A complete statement of the Company's current Privacy Policy can be found
by clicking here . The Company's Privacy Policy is expressly incorporated into this Agreement by
this reference.

Account Information
When you are required to open an account to use or access the Site or Service, you must
complete the registration process by providing the complete and accurate information
requested on the registration form. You may also be asked to provide a user name
and password.  

You are entirely responsible for maintaining the confidentiality of your password. You may not
use the account, username, or password of someone else at any time. You agree to notify the
Company immediately of any unauthorized use of your account, user name, or password.

The Company shall not be liable for any loss that you incur as a result of someone else using
your password, either with or without your knowledge. You may be held liable for any losses
incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and
representatives due to someone else's use of your account or password.

User Content
You grant the Company a license to use the materials you post to the Site or Service. By posting,
downloading, displaying, performing, transmitting, or otherwise distributing information or
other content ("User Content") to the Site or Service, you are granting the Company, its
affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and
representatives a license to use User Content in connection with the operation of the Site, its
affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and
representatives, including without limitation, a right to copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that the Company may publish or
otherwise disclose your name in connection with your User Content in its sole and absolute
discretion. By posting User Content on the Site or Service, you warrant and represent that you
own the rights to the User Content or are otherwise authorized to post, distribute, display,
perform, transmit, or otherwise distribute User Content.

The Company has the right but not the obligation to monitor and edit or remove any activity or
content in its sole and absolute discretion.

Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey by the law and to respect the
intellectual property rights of others. Your use of the Service and the Site is at all times
governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any
information or content (collectively, "Content") in violation of any third party's copyrights,
trademarks, or other intellectual property or proprietary rights.

You agree to abide by all laws regarding copyright ownership and the use of intellectual
property, and you shall be solely responsible for and indemnify the Company against and
damages resulting from, any violations of any relevant laws and for any infringements of third
party rights caused by any Content you provide or transmit, or that is provided or transmitted
using your login information. The burden of proving that any Content does not violate any laws
or third party rights rests solely with you.

Copyright Infringement
The Company has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Site or with the Service. The Company has adopted a
policy that provides for the immediate suspension and/or termination of any Site or Service user
who is found to have infringed on the rights of the Company or of a third party, or otherwise
violated any intellectual property laws or regulations.

The Company's policy is to investigate any allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your rights or the rights
of a third-party have been violated and you want the Company to delete, edit, or disable the
material in question, you must provide the Company with all of the following information: (a) a
physical or electronic signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works are covered by a single notification, a
representative list of such works; (c) identification of the material that is claimed to be infringed
or to be the subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the Company to locate the material;
(d) information reasonably sufficient to permit the Company to contact you, such as an address,
telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and (f) a
statement that the information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company's designated agent at:

Biscotti Brands LLC
Attn: Website Administrator  
4072 Watts St.
Emeryville, CA 94608
Email: info@biscottibrands.com

Violations
The Company reserves the right to terminate your use of the Service and/or the Site in its sole
and absolute discretion. To ensure that the Company provides a high-quality experience for you
and for other users of the Site and the Service, you agree that the Company or its
representatives may access your account and records on a case-by-case basis to investigate
complaints or allegations of abuse, infringement of third party rights, or other unauthorized
uses of the Site or the Service.

The Company does not intend to disclose the existence or occurrence of such an investigation
unless required by law, but the Company reserves the right to terminate your account or your
access to the Site immediately, with or without notice to you, and without liability to you, if the
Company believes that you have violated any of the Terms of Use, furnished by the Company
with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties
The Company hereby disclaims all warranties. The Company is making the site available "as is"
without warranty of any kind. You assume the risk of any and all damage or loss from use of, or
inability to use, the site or the service. To the maximum extent permitted by law, the company
expressly disclaims any and all warranties, express or implied, regarding the site, including, but
not limited to, any implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. The company does not warrant that the site or the service will meet your
requirements or that the operation of the site or the service will be uninterrupted or error-free.

Limited Liability
The Company's liability to you is limited. To the maximum extent permitted by law, in no event
shall the Company be liable for damages of any kind (including, but not limited to, special,
incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability
of those damages) arising out of or in connection with your use of the site or any other materials
or services provided to you by the company. This limitation shall apply regardless of whether the
damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites
The Company has no control over, and no liability for any third-party websites or materials. The
Company works with a number of partners and affiliates whose Internet sites may be linked with
the Site. Because neither the Company nor the Site has control over the content and
performance of these partner and affiliate sites, the Company makes no guarantees about the
accuracy, currency, content, or quality of the information provided by such sites, and the
Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or
unlawful content that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) that are owned by third parties. You
acknowledge and agree that the Company makes no guarantees about, and assumes no
responsibility for, the accuracy, currency, content, or quality of this third party content, and
that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and
all third party content.

Prohibited Uses
The Company imposes certain restrictions on your permissible use of the Site and the Service.
You are prohibited from violating or attempting to violate any security features of the Site or
Service, including, without limitation, (a) accessing content or data not intended for you, or
logging onto a server or account that you are not authorized to access; (b) attempting to probe,
scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to
breach security or authentication measures without proper authorization; (c) interfering or
attempting to interfere with service to any user, host, or network, including, without limitation,
by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail
bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including,
without limitation, promotions, or advertisements for products or services; (e) forging any
TCP/IP packet header or any part of the header information in any e-mail or in any posting using
the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code used by
Company in providing the Site or Service. Any violation of system or network security may
subject you to civil and/or criminal liability.
Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions.
You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the
Company, its affiliates, officers, directors, employees, consultants, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or costs (including reasonable
attorney fees and costs) arising from your access to or use of the Site, your violation of these
Terms of Use, or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of any person or entity. The Company will notify you
promptly of any such claim, loss, liability, or demand; provided, that the Company's failure to
notify you shall in no way eliminate or otherwise modify the Company's rights to
indemnification hereunder.

Copyright
All contents of Site or Service are: Copyright (c) 2016, 2017, 2018, 2019, 2020 Biscotti Brands LLC, 4072 Watts St. Emeryville CA 94608. All rights reserved.

Trademarks
All trademarks, service marks, and trade names of the Company used on the Site or Service are
trademarks or registered trademarks of the Company.

Governing Law/arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the
United States and the State of California, without reference to their rules regarding conflicts of
law. Except for disputes brought in small claims court, all disputes between you and the
Company arising out of, relating to, or in connection with the Site or Services shall be
determined by arbitration in the City of Emeryville, California before one
arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on the award may be entered in any court having
jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given
dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in
the City of Emeryville, California. You hereby accept the exclusive jurisdiction of
such court for this purpose.

Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on
an individual basis and not in a class or representative action or as a named or unnamed
member in a class, consolidated, representative or private attorney general legal action.  

Your access and continued use of the site signifies your explicit consent to this waiver.

Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these
Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in
full force and effect. No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.

No License
Nothing contained on the Site should be understood as granting you a license to use any of the
trademarks, service marks, or logos owned by the Company or by any third party.

Modifications
The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms
of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any
time or from time to time. The Company shall post any revision to these Terms of Use to the
Site, and the revision shall be effective immediately on such posting. You agree to review these
Terms of Use and other online policies posted on the Site periodically to be aware of any
revisions. You agree that, by continuing to use or access the Site following notice of any revision,
you shall abide by any such revision.

Acknowledgement
By using the service or accessing the site, you acknowledge that you have read these terms of
use and agree to be bound by them.