Terms of Use

WELCOME TO ANTONIO CARLO GOURMET SAUCES. WE HOPE YOU WILL BENEFIT FROM OUR PRODUCTS AND THIS WEBSITE (“SITE”). PLEASE READ OVER THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) BEFORE USING THIS SITE AS YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY BY USING THIS SITE.

Please email us at ac@antoniocarlo.com if you have any questions. Thank you for visiting our Site and for supporting our products.

CHANGES TO THESE TERMS

ANTONIO CARLO GOURMET SAUCES may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.

YOUR USE OF THIS SITE

You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.

USE OF THIS SITE’S CONTENT

The content of this Site is the exclusive property of ANTONIO CARLO GOURMET SAUCES. You agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of ANTONIO CARLO GOURMET SAUCES.

ANTONIO CARLO GOURMET SAUCES’ COMMUNICATIONS TO YOU

You agree that ANTONIO CARLO GOURMET SAUCES may send you e-mail to advise you of our products, changes to this Site or for other purposes.

COLOR Variations

We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor’s display will be accurate as the actual colors you see depend on your monitor. Therefore, color variations may occur.

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).

IMPROPER USE OF THIS SITE

You agree not to use the Site to:

(a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;

(b) violate any laws, regulations, treaties or governmental or judicial order;

(d) Distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs or other materials or information;

(e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of this Site;

(f) improperly display any TCP/IP packet header or part of the header information in any e-mail or other postings;

(g) gain illegal or unauthorized access to other computers or networks through hacking or other means;

(h) gain unauthorized access to this Site; or

(i) assist or permit any person to engage in any of the activities described above.

Even though the above activities are prohibited, you agree if you become exposed to them while using this Site neither ANTONIO CARLO GOURMET SAUCES nor any of our officers, shareholders, directors, advertisers, employees or corporate partners will in any way be responsible for any damages caused by such exposure.

THIRD PARTY WEBSITES

You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that ANTONIO CARLO GOURMET SAUCES does not guarantee, endorse or have responsibility for the content, products or services of any third party websites.

COMMENTS AND SUGGESTIONS

We greatly value your suggestions, comments, feedback, ideas, and other submissions you may provide ANTONIO CARLO GOURMET SAUCES (“Comments”). Comments shall be property of ANTONIO CARLO GOURMET SAUCES and the offering of Comments to ANTONIO CARLO GOURMET SAUCES shall constitute your assignment to ANTONIO CARLO GOURMET SAUCES of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ANTONIO CARLO GOURMET SAUCES will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ANTONIO CARLO GOURMET SAUCES shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments.

You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to ANTONIO CARLO GOURMET SAUCES.

COPYRIGHT INFRINGEMENT

If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to

ac@antoniocarlo.com:

(a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;

(b) A description of where the infringing material is located on our website;

(d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;

(e) A statement that you have a good-faith belief that ANTONIO CARLO GOURMET SAUCES’ use of the content is not authorized by the copyright owner, its agent, or the law.

(f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, ANTONIO CARLO GOURMET SAUCES, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM ANTONIO CARLO GOURMET SAUCES.

DELIVERIES

National deliveries are shipped via UPS Ground. Shipping is out of the control of ANTONIO CARLO GOURMET SAUCES and we cannot guarantee orders arriving at any specific time.

CANCELED ORDERS

There is a considerable amount of planning for each of your orders. As a result, once you confirm your purchase no refunds are offered. Please e-mail us at ac@antoniocarlo.com for additional information.

REFUNDS FOR DAMAGED PRODUCTS

ANTONIO CARLO GOURMET SAUCES will replace any product you can reasonably demonstrate was damaged during transit. If you received any damaged product, please e-mail us at

ac@antoniocarlo.com.

PRODUCTS ARE SOLD “AS IS”

ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.

ANTONIO CARLO GOURMET SAUCES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT ANTONIO CARLO GOURMET SAUCES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.

INDEMNIFICATION

You agree to indemnify and hold ANTONIO CARLO GOURMET SAUCES harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and legal costs) arising out of or relating to: (a) your use of the Site or (b) your or anyone else’s use or consumption of any products that you purchased through this Site.

SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

WAIVER

No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.

STATUTE OF LIMITATIONS

YOU AND ANTONIO CARLO GOURMET SAUCES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF ANTONIO CARLO GOURMET SAUCES’ PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GOVERNING LAW

These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles.

ARBITRATION

For any dispute you have with ANTONIO CARLO GOURMET SAUCES, you agree to first contact us at ac@antoniocarlo.com and attempt to resolve the dispute with us informally. In the unlikely event that we cannot resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Site or our products by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

The arbitration will be conducted in New Hanover County, North Carolina. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to ANTONIO CARLO GOURMET SAUCES.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ANTONIO CARLO GOURMET SAUCES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATING IN A CLASS ACTION.

JURISDICTION

You acknowledge that ANTONIO CARLO GOURMET SAUCES is based in North Carolina and agree that the Site and our products do not give rise to personal jurisdiction, either specific or general, over ANTONIO CARLO GOURMET SAUCES in jurisdictions other than North Carolina. You and ANTONIO CARLO GOURMET SAUCES agree to submit to the personal jurisdiction of a state court located in New Hanover County, North Carolina or the United States District Court for the Eastern District of North Carolina, for any actions for which either party retains the right to seek injunctive or other equitable relief, as described in the arbitration provision above.

ENTIRE AGREEMENT

These Terms and all other provisions stated in or through this Site, including our Privacy Policy, state the entire agreement between the parties relating to use of this Site and the products sold through this Site. These Terms and any other provisions stated in or through this Site may be amended at any time by ANTONIO CARLO GOURMET SAUCES without notice.

QUESTIONS?

If you have any questions about our terms, policies or products, please do not hesitate to contact us at here.