Rossana’s Kitchen Terms & Conditions 

Last updated: April 9, 2022

IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

1. GENERAL

Welcome to the website ("Site") of Rossana’s Kitchen (“we”, “us”, “our” or ). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program described at the end of these Terms. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).

We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date.  If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email.  Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.

We reserve the right to refuse service to anyone for any reason at any time.  By agreeing to these Terms, you represent that you are over 16 years old and 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 warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. 

2. ROSSANA’S KITCHEN ACCOUNT

You may be required to create an account to use some of the features of the Site. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at eat@rossanaskitchen.com and to change your password. You may not transfer your account to anyone else without our prior written permission. 

3. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or our Products, you acknowledge that you have read and agree to the Privacy Policy.

4. NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER

We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime--including starting on a Rossana’s Kitchen meal program or using Rossana’s Kitchen Products.

By using Rossana’s Kitchen Products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.

We do not claim our meal program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product Rossana’s Kitchen offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Rossana’s Kitchen should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Rossana’s Kitchen on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.

Our program is not intended for people with severe allergies. Our kitchen facilities process and regularly use nuts. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.

5. PRICING AND AVAILABILITY

All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide our existing subscribers with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your subscription meals or products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these Terms.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, to limit the sales of our Products to any person, geographic region or jurisdiction and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice.

We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at eat@rossanaskitchen.com. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.

Our meal programs are scheduled according to availability. The deadline for program sign-ups is Thursdays at midnight EST. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST two days before you want the program to start (for example: for a Monday start, you must order the program no later than 11:59PM EST on preceding Friday).

Most Rossana’s Kitchen Products and services displayed at the Site are available only via online request in the United States while supplies last. Rossana’s Kitchen does not ship internationally. In the case of international deliveries via third-party services, Rossana’s Kitchen shall not be responsible or be held liable for delivery or use of the products once Rossana’s Kitchen has delivered to the specified U.S. destination.

All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue our Products (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 our Products. Any offer for any Product or service made on this Site is void where prohibited.

6. PAYMENTS, BILLING AND PROMOTIONS

Payment is due upon purchasing your Rossana’s Kitchen Product or program. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. 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.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a meal program subscription, you acknowledge and authorize Rossana’s Kitchen to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”

7. PROMOTIONS, REFERRALS, AND DISCOUNTS

If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per Order. Promotion or discount codes may be used on already discounted programs; however, we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for cancelling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of Rossana’s Kitchen, carry specific terms, conditions, and restrictions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

Through our referral program we offer you the opportunity to receive a $50 discount off your next Order for each new client that you refer to us who completes an Order of an organic meal delivery program or Boutique purchase. We also offer a $50 discount to each new client that you are referring, valid only on their first order. Please note that in order for you and the new client to be eligible to receive the discount, they must be a new client (have not ordered any meals or products from Rossana’s Kitchen before), they must place an Order for $75 or more, and they must order using the appropriate discount code and through your shared URL links. Once they place their eligible Order, you will receive an email with a $50 discount credit, valid on our organic meal delivery programs or Boutique items, meeting the aforementioned requirements. 

8. CONTINUOUS SUBSCRIPTIONS

WHEN YOU REGISTER FOR A MEAL PROGRAM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) ROSSANA’S KITCHEN (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL PROGRAM SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL PROGRAM SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL PROGRAM SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL PROGRAM ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED IN YOUR ACCOUNT. 

9. CANCELLATION OF SUBSCRIPTION

YOU MAY CANCEL YOUR MEAL PROGRAM SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR WELLNESS TEAM, AT EAT@ROSSANASKITCHEN.COM. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY WEDNESDAY AT MIDNIGHT EST THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL PROGRAM SUBSCRIPTION.

Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program, with the exception of your first week’s Order, which cannot be cancelled. If you need to make changes to your first week, you must email eat@rossanaskitchen.com before Wednesday at midnight EST the week prior to request the change.

10. SHIPPING, HANDLING, AND DELIVERY

You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third-party courier. When you purchase a meal delivery program or product from Rossana’s Kitchen, shipping and delivery times shown on the Site are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export. 

11. DELIVERY LOGISTICS

Current Delivery Area

We currently deliver to the Los Angeles area.

We ask that you leave detailed delivery instructions when checking out for your meal program. For example:

- Where should we leave your Rossana’s Kitchen order? (the more descriptive the better)

- Is yours a residence or commercial building?

-Is there a front door code needed to enter the building?

- Should we leave the box at your doorstep or with a doorman?

- Would you like the delivery team to call you on arrival?

Delivery Schedule

We will notify you via email should there be a change in delivery schedule, including due to holidays.

12. DELIVERY DISCLAIMER

Rossana’s Kitchen is not responsible for failed deliveries due to incorrect or incomplete addresses.

All Rossana’s Kitchen meals should be kept refrigerated until consumed and freshness cannot be guaranteed past the 3rd day from receipt. It is up to the client to maintain freshness once received. Our meals are packaged with ice packs and will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. It’s important to put your Rossana’s Kitchen meals and perishable items in the refrigerator when you receive them. By purchasing the Rossana’s Kitchen organic meal delivery program, you agree to properly and promptly refrigerate all meals until you plan to eat them. Since all of our food is fresh (and preservative-free, chemical-free, etc.), it will go bad if not properly stored and refridgerated.  Sakara is not responsible for any food that has not been properly and promptly refrigerated after delivery.

In certain areas, you may be able to provide additional delivery instructions when setting up your account or placing your Order, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We will do our best to deliver your meals to you in accordance with your specifications. However, if you are not home to receive the delivery, our team will leave your box according to your delivery instructions or in the safest available spot. Rossana’s Kitchen is not responsible for replacing programs once delivered, in the event that you are not home and the delivery is taken.

Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.

Rossana’s Kitchen is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Rossana’s Kitchen or its delivery personnel cannot be provided.

13. MEAL PROGRAM AND DELIVERY MODIFICATIONS

If you are traveling, you can reschedule your deliveries by signing into your account, or emailing us at eat@rossanaskitchen.com for help. Because all meal programs are made to order, we require that you let us know by Wednesday at midnight EST of any changes to be made for programs beginning the following week, including but not limited to paused delivery, delivery address changes, allergy changes, and delivery window changes.

14. WEATHER & TRAFFIC ALLOWANCES

Our delivery partners do their best to get your food to you on time so you may enjoy it at its freshest. Still, they run into delays due to weather, traffic, and other factors that are outside of their control. We cannot guarantee delivery within your selected time slot.

In instances of inclement weather, we reserve the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible and your meal program will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement. 

As both traffic and weather are outside of Rossana’s Kitchen‘s control, cash refunds will not be issued for affected Orders.

15. RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS

Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact our Wellness Team (eat@rossanaskitchen.com). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your meal program subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future Order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at eat@rossanaskitchen.com for help.

Refunds will not be issued for delays that are the result of factors outside Rossana’s Kitchen’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically added to the end of your program. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement. 

16. DISCLAIMER OF WARRANTIES

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.  

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. 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 SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL ROSSANA’S KITCHEN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT ROSSANA’S KITCHEN IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO ROSSANA’S KITCHEN IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF ROSSANA’S KITCHEN FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY ROSSANA’S KITCHEN’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY ROSSANA’S KITCHEN’S FRAUD OR FRAUDULENT MISREPRESENTATION. 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROSSANA’S KITCHEN AND YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT ROSSANA’S KITCHEN TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM ROSSANA’S KITCHEN’S OWN INTENTIONAL OR RECKLESS CONDUCT.

18. INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless Rossana’s Kitchen and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Rossana’s Kitchen reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rossana’s Kitchen in asserting any available defenses. This provision does not require you to indemnify Rossana’s Kitchen for any unconscionable commercial practice by Rossana’s Kitchen or for Rossana’s Kitchen 's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Products.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Rossana’s Kitchen and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. 

19. SITE CONTENTS

Unless otherwise noted, all materials, including text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned or controlled by Rossana’s Kitchen  its subsidiaries and/or affiliates, its licensors or other content providers. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to are owned by Rossana’s Kitchen. Rossana’s Kitchen may prosecute infringement to the fullest extent permitted under applicable law.

Your access to and use of the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Rossana’s Kitchen, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Rossana’s Kitchen neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties. 

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Downloading or copying the Site (including the Content) for other than personal use is expressly prohibited without the prior written permission of Rossana’s Kitchen or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Site (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Rossana’s Kitchen. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

All software used on the Site is the property of Rossana’s Kitchen or our licensors and protected by United States and international copyright laws. Subject to these Terms, Rossana’s Kitchen hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Site for your personal, noncommercial use only. This license does not include: (i) any resale or commercial use of the Site; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site, in whole or in part.

Without Rossana’s Kitchen‘S prior permission, you agree not to display or use in any manner the Rossana’s Kitchen marks.

20. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. Rossana’s Kitchen is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Rossana’s Kitchen or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. 

You agree that Rossana’s Kitchen may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. 

21. ROSSANA’S KITCHEN COMMUNICATIONS TO YOU 

You agree that Rossana’s Kitchen may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about any Rossana’s Kitchen Product, or for such other purpose(s) as Rossana’s Kitchen deems appropriate. You have the option to opt-out of marketing communications.

Rossana’s Kitchen may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

1. IMAGES

The images and colors displayed on the Site do not necessarily represent or depict actual meal programs or food offered by Rossana’s Kitchen. Meals and meal programs are subject to change without notice.

1. RESTRICTIONS ON ACCESS AND USE

You agree to use the Site for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable policies and all laws that apply to you. If your use of the Site (including a purchase of any items on the Site) is prohibited by any applicable laws, then you aren’t authorized to use the Site. We are not responsible if you use the Site in a way that breaks the law.  

You must not create multiple accounts and you must not let others use your account. You’re responsible for any activity associated with your account.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

When accessing or using the Site, you agree to:

1. Abide by all laws, rules, regulations, these Terms, and all Rossana’s Kitchen policies;

2. Only purchase items you are legally able to purchase in your jurisdiction;

3. Only use (or attempt to use) the Site through interfaces provided by Rossana’s Kitchen; and

4. Comply with the instructions in any robots.txt file present on the Site.

When accessing or using the Site, you agree not to:

1. use the Site or any of our Products for any unlawful or unauthorized purpose;

2. solicit others to perform or participate in any unlawful acts;

3. violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

4. infringe upon or violate our intellectual property rights or the intellectual property rights of others;

5. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

6. submit false or misleading information;

7. submit objectionable content, including profanity, obscenity, lasciviousness, violence;

8. 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 Site or of any related website, other websites, or the Internet;

9. collect or track the personal information of others;

10. spam, phish, pharm, pretext, spider, crawl, or scrape;

11. use the Site for any obscene or immoral purpose; or

12. interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Site or any related website or service for violating any of the prohibited uses or these Terms. 

1. LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Rossana’s Kitchen does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Rossana’s Kitchen is not responsible and shall not be held liable for the use of any such outside service or resource. 

1. INACCURACY DISCLAIMER

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

Rossana’s Kitchen does not warrant that information made available on this Site is accurate, complete, reliable, error-free 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. 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.

1. TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site and Products, or when you cease using our Site and Products. We are also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Rossana’s Kitchen for items purchased will remain due.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.

NO THIRD-PARTY BENEFICIARIES

These Terms are not enforceable by or for the benefit of any third party. 

 23. ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH ROSSANA’S KITCHEN AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

YOU AND ROSSANA’S KITCHEN AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE, THE PROGRAM, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, AS DETAILED BELOW.

You and Rossana’s Kitchen agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

Disputes.  "Disputes" shall include, but are not limited to, any claims or controversies between you and Rossana’s Kitchen against each other related in any way to or arising out of in any way from the Site, the Products, the Program or the Content including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Rossana’s Kitchen, even if the claim arises after you or Rossana’s Kitchen has terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to: (a) claims that you bring against our employees, agents, affiliates, or other representatives; (b) claims that Rossana’s Kitchen brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Rossana’s Kitchen, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Rossana’s Kitchen; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. “Disputes” does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets, claims of piracy or unauthorized use of intellectual property (collectively, “intellectual property claims”). 

Initial Dispute Resolution.  Most disputes can be resolved without resort to litigation. You can reach our support department at eat@rossanaskitchen.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our [support department], and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration Process and Procedure.  Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in Los Angeles, California. Rossana’s Kitchen and you further agree to submit to the personal jurisdiction of any state or federal court in Los Angeles, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Rossana’s Kitchen will pay the additional cost. Rossana’s Kitchen shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Rossana’s Kitchen is specifically required to pay such fees under applicable law.

If Rossana’s Kitchen‘s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing, solely based on documents submitted to the arbitrator. 

You or Rossana’s Kitchen may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Rossana’s Kitchen otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g., non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Rossana’s Kitchen with advance notice by email to eat@rossanaskitchen.com and by mail to 9903 Santa Monica Blvd. #129, Beverly Hills, CA 90212.

These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Rossana’s Kitchen on your behalf.

Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable or whether any claims are not subject to arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Rossana’s Kitchen. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial.  YOU AND ROSSANA’S KITCHEN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Rossana’s Kitchen are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to eat@rossanaskitchen.com and to: Rossana’s Kitchen 9903 Santa Monica Blvd. #129, Beverly Hills, CA 90212 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. 

Parents, Subsidiaries, Affiliates.  This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Rossana’s Kitchen, or any employee, officer, director, or investor of Rossana’s Kitchen, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, the provision of content, products, services, and/or technology on or through the Site, or the provision of the Program.

Changes to this Section.  Rossana’s Kitchen will provide thirty (30) days’ notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection titled "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Action Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Site. 

Severability.  Subject to the section titled "Class Action Waiver," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 

Survival of Agreement.  This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Rossana’s Kitchen. 

 24. CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Rossana’s Kitchen and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Rossana’s Kitchen and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. If an arbitrator or a court determines that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then the portion of the claim seeking that remedy (and only that portion of the claim) must be severed from the arbitration and may be brought in court. All other claims shall remain subject to arbitration solely on an individual basis.  

The arbitrator cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Rossana’s Kitchen users, and cannot be used to decide other disputes with other users.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.

If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Rossana’s Kitchen, or any employee, officer, director, or investor of Rossana’s Kitchen, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

This Class Action Waiver Section shall survive any termination of your account or the Site.

25. MISCELLANEOUS

Electronic Communications. You agree to receive communications from Rossana’s Kitchen electronically, such as emails, texts, or notices and messages on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Rossana’s Kitchen provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." 

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Rossana’s Kitchen‘s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. 

Force Majeure. Rossana’s Kitchen shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

Choice of Law. These Terms and any dispute of any sort that might arise between you and Rossana’s Kitchen will be interpreted in accordance with the law of the State of California and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

Exclusive Venue. Any claim or dispute that between you and Rossana’s Kitchen that arises out of or is related to the Site or the Products and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles, California.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Notice. Where Rossana’s Kitchen requires that you provide an email address, you are responsible for providing Rossana’s Kitchen with your most current email address. In the event that the last email address you provided to Rossana’s Kitchen is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Rossana’s Kitchen‘s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Rossana’s Kitchen at the following address: Rossana’s Kitchen, 9903 Santa Monica Blvd. #129, Beverly Hills, CA 90212. Such notice shall be deemed given when received by Rossana’s Kitchen by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Export Control. You may not use, export, import, or transfer the Site or the Products except as authorized by U.S. law, the laws of the jurisdiction in which you used the Site or purchased any Products on the Site, and any other applicable laws. In particular, but without limitation, the Site, including any Products purchased on the Site, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site or purchasing or using Products on the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or the Products purchased on the Site for any purpose prohibited by U.S. law.

Entire Agreement. These Terms and any policies or operating rules posted by us through the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

Severability. Subject to the section titled “Arbitration,” in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms. 

1. Communications with Rossana’s Kitchen; How to Opt Out

By joining the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Rossana’s Kitchen. If you do not wish to receive these communications, you can unsubscribe via the “unsubscribe” link at the footer of emails.   

1. Changes, Termination and/or Removal From Program

Rossana’s Kitchen may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Rossana’s Kitchen website. 

1. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2022 Rossana’s Kitchen, LLC., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of Rossana’s Kitchen and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Rossana’s Kitchen or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display, or performance - without the prior written permission of Rossana’s Kitchen is strictly prohibited. 

1. CONTACT INFORMATION

If you have any questions or concerns with respect to these Terms, the Products or the Program, or to report any violations of these Terms, please contact us at: eat@rossanaskitchen.com

Privacy Policy

Last Updated: April 8, 2022

This Privacy Policy describes how information about you is collected, used, and disclosed by Rossana’s Kitchen, Inc. (here referred to as "we", "us", and "Rossana’s Kitchen") in connection with your use of our websites, mobile applications, products, services, communications, or other interactions with us (collectively, the "Service"). Your use of the Service indicates your consent to Rossana’s Kitchen‘s collection, use, and disclosure of information about you as described in this Privacy Policy.

1. THE INFORMATION WE COLLECT

We collect information about you when you use our Service. The types of information we collect depends on the services and the features you use on the Service. Please note that we need certain types of information to provide the Service to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Service features.

1. a. Information You Provide Directly to Us

We may ask you to provide information to us when you use the Service, for example, when you:

• Register for a Rossana’s Kitchen account, rewards program, or make a purchase;

• When you review our products;

• Subscribe to our newsletters or email lists;

• Register or participate promotions, surveys, contests, or events;

• Your requests for support and/or technical assistance;

• Your transmission of user content or other information to us; and

• Any other communications you have with us.

The information you provide directly to us may concern you or others and may include, but is not limited to:

• Account and Purchase Information, such as your full name, mailing address, email addresses, age, username, password, phone numbers, and other information you provide.

• Information you provide about others, such as the names and email addresses of gift recipients when you purchase gifts through the Service, send a product to a recipient other than yourself, or invite friends or family to Rossana’s Kitchen.

• Transaction information, such as information about Rossana’s Kitchen products or services that you purchase, shipping and delivery information, and information related to refunds, credits, and cancellations.

• Payment and Financial Information: We or our service providers may collect payment information from you, such as payment card number, expiration date, billing address, and payment account name.

• Content and Other Information You Provide to Us: We collect additional content and information that you voluntarily provide us, such as content you submit when you contact us via the Service, by e-mail, when you interact with or mention us on third party social media sites, or when you request technical or customer support. If you contact us by email, phone, chat or text, we may keep a record of your contact information and the correspondence.

1. b. Information We Collect Automatically

• Log Information: When you visit the Service, our servers automatically record certain log file information, such as your Internet Protocol ("IP") address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your interactions with the Services.

• Mobile Device Information: We collect information about the mobile device you use to access or use the Service, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

• Activity information: We may store information about your use of the Service, such as website pages visited, date and time of your visit, transactions you initiate, and emails you receive, open, and click.

• Location Information. When you use the Service, we may collect general location information (such as general location inferred from an IP address).

Device/Usage Information. We and our third-party service providers, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Service. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track when and how frequently you access or use the Service, including how you engage with or navigate our website or mobile application. We use this information (including the information collected by our third-party service providers) for analytics (including to determine which portions of the Service are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Service), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.

1. Information We Collect From Social Media and Other Content Platforms

When you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

1. HOW WE USE THE INFORMATION WE COLLECT

We use your information for business and commercial purposes, such as to:

• Provide, maintain, and improve the Service and products provided by Rossana’s Kitchen;

• Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;

• Respond to your comments, questions, and requests, and provide customer service;

• Communicate with you about the Service, products, offers, surveys, events, content, and other news and information we think may be of interest to you;

• Monitor and analyze trends, usage, and activities in connection with the Service and our communications to you;

• Detect, investigate, and prevent fraudulent transactions and other illegal activities, protect the rights and property of Rossana’s Kitchen and others, and comply with legal requirements;

• Personalize and improve the Service and provide advertisements, content, and features that match your profile and interests, and remember information about your preferences for the Service;

• Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; and

• Carry out any other purpose for which the information was collected

We may aggregate and/or de-identify information collected through the Service. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

1. WITH WHOM & WHY WE SHARE YOUR INFORMATION

We may share or disclose your personal information for the following reasons:

• With employees, vendors, consultants, and other service providers who need access to such information to carry out work or perform services on our behalf, such as fulfill your order or assist in communication with you.

• When you purchase a product that includes benefits from a partner organization, your email address may be shared with the partner for the purposes of fulfilling your purchase. Please refer to partner companies' sites for their Privacy Policy regarding the collection, use, and storage of your personal information.

• In response to a request for information if we believe disclosure is in accordance with, or required to (i) comply with the law; (ii) comply with legal processes or governmental requests; (iii) prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of our employees, our website visitors, and/or the public.

• If we believe your actions are inconsistent with our Terms & Conditions or other policies, to protect the rights, property or safety of Rossana’s Kitchen and others.

• In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing; between any future parent, subsidiary, and/or affiliated company.

• With advertising and analytics partners to serve advertisements on our behalf across the internet and to provide analytics services. These entities may use Cookies in the same way we do, to among other things, track and analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. For more information about how to manage having your web browsing information used for advertising purposed, please see the Your Choices section below.

• With marketing cooperatives to send direct mail. As part of our participation in marketing cooperatives, we may disclose your name and postal address (but not your email address or payment card information) so that other select reputable companies can mail you information about their products that may interest you. If you prefer that we do not share your name and address with other marketers, please opt-out by sending us an email eat@rossanaskitchen.com.

• With your explicit consent or at your direction.

• Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

When you participate in the Service by posting content or participating in publicly-accessible forums (such as when posting reviews of our products), please note that some of your profile information may be exposed publicly. PLEASE BE CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

1. ONLINE ANALYTICS AND TAILORED ADVERTISING

2. Analytics

We may use third-party web analytics services on the Service, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Service, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

1. Tailored Advertising

We may allow certain third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Service. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Service by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Service, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

When using a mobile application you may also receive tailored in-application advertising content. Each operating system--iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices--provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

1. Do not track signals and similar mechanisms

We do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.

1. Security of Your Information

Rossana’s Kitchen takes reasonable measures and use various safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from Rossana’s Kitchen may not be secure, and you should therefore take special care in deciding what information you send to us via email. Any information that you provide to us is done so entirely at your own risk. 

1. Children’s Privacy

Rossana’s Kitchen‘s website and Rossana’s Kitchen accounts are not directed to children under 16. We do not knowingly collect personal information from children under 16. If you become aware that a child has provided us with personal information without parental consent, please contact us at eat@rossanaskitchen.com. If we become aware that a child under 16 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child's account.

If you are 16 or older, but have not reached your jurisdiction’s age of majority (such that you are able to enter a contract), you should only use the Service with permission from your parent(s) or guardian(s).

1. Third-Party Websites

The Service may link to third-party websites from companies other than Rossana’s Kitchen, such as to relevant online resources, our partners’ websites, payment processors, and other third-party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third parties.

1. Your Choices

You may exercise your right to opt out of your data being used or shared. 

• Account Information: You may update, correct, or modify information about you at any time by logging into your account or emailing us at eat@rossanaskitchen.com. If you wish to deactivate your account, please email us at eat@rossanaskitchen.com, but note that we may continue to retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

• Cookies: Most web browsers are set to accept Cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Service.

• Online advertising networks: You may opt out of receiving targeted ads based on the information we collect from you. If you do not want to receive such ads, you may opt-out by visiting either of the following sites:

• NAI – http://www.networkadvertising.org/choices/

• DAA – http://www.aboutads.info/choices/

• Marketing Cooperatives: If you prefer that we do not share your name and address with other marketers, please opt-out via email.

• Promotional Communications: You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at eat@rossanaskitchen.com. If you choose to opt out, we will still send you non-promotional communications, such as those about your account or our ongoing business relations.

• Marketing Text Messages: To opt out of marketing text messages, you must reply STOP to the text message. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP”, “UNSUBSCRIBE”, “CANCEL”, “END”, “QUIT”, “STOPALL”, or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

• We use cookies to track cart activity as well to determine when a cart has been abandoned.​ This information is used to determine when to send cart reminder messages via SMS.

Please note that if you opt out by exercising any of these choices, you may still temporarily see or receive communications or advertising due to initiatives already underway. You will be removed from any subsequent initiatives.

Certain information may also be exempt from such requests in some circumstances, which may include needing to continue processing your information to comply with a legal obligation. We may request that you provide us with information necessary to confirm your identity before responding to your request.

1. Changes to Our Privacy Policy

We reserve the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email communication, providing notice through the Service, or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Service or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

1. Contacting Us

You may contact us regarding this Privacy Policy via email at info@sakaralife.com or write to us at the following address:

Rossana’s Kitchen

9903 Santa Monica Blvd, #129

Beverly Hills, CA 90212

1. Supplemental Privacy Notice for California Residents

This Supplemental Privacy Notice supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the Service and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

Summary of Information We Collect

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Throughout our Privacy Policy, we describe the specific pieces of personal information we collect, the sources of that information, and how we share it. Under the CCPA, we also have to provide you with the "categories" of personal information we collect and disclose for “business purposes” (as those terms are defined by applicable law). Those categories are identifiers (such as name, email address, phone number, and other account information); commercial information (such as transaction data); financial data (such as credit card and other financial account information); internet or other network or device activity (such as IP address); geolocation information (general location); inference data about you; sensory information (such as audio recordings if you call customer service); other information that identifies or can be reasonably associated with you.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Service; (3) affiliates; and (4) third parties such as social networks and marketing partners.

We or our service providers may collect the above categories of information for the following business or commercial purposes:

• Our or our service provider’s operational purposes;

• Auditing consumer interactions on our site (e.g., measuring ad impressions);

• Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;

• Bug detection and error reporting;

• Customizing content that we or our service providers display on the Service (e.g., contextual ads);

• Providing the Service (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about the Service);

• Improving the Service and developing new services (e.g., by conducting research to develop new products or features);

• Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners;

• Other uses about which we notify you.

We may also use the above categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

We describe our information sharing practices in our Privacy Policy. We may share certain categories of personal information with third parties for business purposes. For example, we may share any of the categories described above with our subsidiaries or affiliates. If you connect your account with social media services or interact with social media plugins or links on the Service, we may share identifiers, commercial information, internet or other network or device activity, or general location with those social media services. We may also share identifiers with marketing cooperatives for advertising purposes. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:

• Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.

• Provide access to and/or a copy of certain information we hold about you.

• Delete certain information we have about you.

You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Service to you. If you ask us to delete it, you may no longer be able to access or use the Service.

If you would like to exercise any of these rights, you can submit a request at eat@rossanaskitchen.com.

You will be required to verify your identity before we fulfill your request. To do so, you will need to provide information to match with our existing records to verify your identity, depending on the nature of the request and the sensitivity of the information sought. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

“Sale” of Personal Information

California residents may opt out of the "sale" of their personal information. The CCPA broadly defines "sale" in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites. 

Depending on how you use the Service, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identifiers (such as name, address, and device identifiers), internet and device activity, and commercial information (e.g., the fact that a browser visited a page directed to people who are considering purchasing from us). 

We may also share identifiers with our marketing cooperative partners. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes. 

You may opt out of our use of your personal information for these purposes through the following methods:

• Marketing Cooperatives: If you prefer that we do not share your name and address with our marketing cooperative partners, please opt-out via email.
  

• If you would like to opt out of the use of your information through online advertising networks, you may do so by visiting both of the following websites:

• NAI – http://www.networkadvertising.org/choices/

• DAA – http://www.aboutads.info/choices/

Notice of Financial Incentive

Rossana’s Kitchen provides certain rewards or incentives for customers who sign up for Rossana’s Kitchen Rewards, provide product reviews, refer friends and contacts, and submit their birthday. You can opt into the rewards or incentives by registering for Rossana’s Kitchen Rewards and/or providing the requested information using your account credentials. Your participation is completely voluntary, and you have a right to withdraw from these incentives at any time. If you decide you don’t want to participate in these financial incentives, you can refrain from submitting referral information and/or terminate your Rossana’s Kitchen Rewards account.

The specific reward or incentive offered, if any, is made available to you when you provide the information requested, submit a review, or on the birthday that you provide to us. The monetary value of the reward or incentive is a reasonable approximation of the monetary value of the information you provide us. We have arrived at this estimate based on consideration of multiple factors, including the following: (1) revenue generated by Rossana’s Kitchen in developing insights on our customers; (2) expenses incurred by Rossana’s Kitchen in operating the Rossana’s Kitchen Rewards program; and (3) our reasonable assessment of revenue we may generate as a result of the referrals provided to us by our customers.

California Shine the Light

California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain third parties for their marketing purposes. To make such a request, please send us an email.  Alternatively, you may contact us at the address listed above or by phone at: (310) 384-9887.

1. Supplemental Notice for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing eat@rossanaskitchen.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

1. International Users

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.  Your personal data may be transferred for processing and storage by Rossana’s Kitchen and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy.