Terms and


Acceptance of these terms of use

  • 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

    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.

    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.

    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.

    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.

    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.

    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.