Fortessa
We host this at LiveChannel because we can’t transfer you to Fortessa until you have agreed to the transfer terms. This Terms of Use was last updated on LiveChannel on 11/1/2023.
Fortessa Terms of Use (from costco.fortessa.com)
Revised September 2023
Thank you for visiting the Fortessa website (costco.fortessa.com) (the “Website”). Your access and use of the Website are governed by these Terms and Conditions, as well as other documents incorporated by reference such as (but not limited to) our Privacy Policy, as described below. Collectively, these Terms and Conditions and all of those documents are the “Agreement”. PLEASE READ THE AGREEMENT CAREFULLY. WHEN YOU ACCESS AND USE THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE WITH SOME OR ALL OF THE AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE.
The Agreement is between (“You”) and Website FORTESSA TABLEWARE SOLUTIONS, LLC (“FTS”, “we” or “our”), and the WebsWebsite is owned, operated, and provided to you by FTS.. From time-to-time, FTS may revise this Agreement in our sole discretion. All changes are effective immediately when we post them to the Website. While we will make a reasonable effort to post a notice about changes on the home page, we have no obligation to do so. Therefore, You acknowledge and agree that WebsiteYou are expected to check for changes from time-to-time or each time you access and use the Website. The changes will be binding on You the then-current version of this Agreement will govern your access and use thereafter.
PRIVACY POLICY.
FTS’s Privacy Policy [INSERT LINK TO PRIVACY POLICY) is incorporated by reference, as if fully set forth in this Agreement. If there is a conflict between any provision of the Privacy Policy and any provision of this Agreement, the provision of this Agreement will apply.
GENERAL INFORMATION AND ACCESSING THE WEBSITE.
The Website permits each visitor or user (“User”) to view information about FTS and its products. It also allows a User to purchase products for the home, retail shops, and food service providers such as hotels and restaurants. We reserve the right to change, amend, or shut down this Website, and to withdraw any product we display on the Website, in our sole discretion, at any time, and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
PERMITTED USES.
Your access and use of the Website is strictly limited to purposes expressly set forth on the Website. Any other use(s) of the Website are prohibited.
Notwithstanding any other provision of this Agreement, You shall not: (a)access or use the Website for any purpose that is unlawful; (b) access or use the Website for any purpose that is not expressly permitted by the Website or this Agreement; (c) access or use the Website in any manner that could damage, disable, overburden, or impair any FTS computer system, server, or network; (d) access or use the Website in any manner that interferes with any other person’s access or use of the Website; (e) attack the Website via a denial-of-service or distributed denial-of-service attack; (f) attempt to gain unauthorized access to the Website, other accounts, or any FTS computer system, server, or network; (g) access or use materials or information through any means not intentionally made available by FTS; or (h) copy, distribute, publish, or display, in any way, any information You find on the Website without the express written consent of FTS.
You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or coping any Content for any reason.
Notwithstanding any other provision of this Agreement, You shall ensure that your use and access of the Website complies with all applicable laws and regulations.
The Website and the Application are not intended to be used by persons under the age of 18. You represent and warrant that you are at least 18 years of age.
If You fail to abide by this Agreement in any way, or fail to pay any amount to FTS when due, FTS may prohibit you from accessing or using the Website. No action or omission by FTS shall be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.
FTS INTELLECTUAL PROPERTY.
You acknowledge that FTS and its affiliates are the owner of certain trademarks and service marks including, without limitation, FORTALITE (Trademark Registration No. 4165807), FORTESSA (Trademark Registration Nos. 3237498, 3613319, 3603698, and 2594039), VITRALUXE (Trademark Registration No. 3247130), OCEANA (Trademark Registration No. 3090308), ACCENTZ (Trademark Registration No. 3217024), SUPERWHITE (Trademark Registration No. 3603669), LEADING THE WAY TABLEWARE (Trademark Registration No. 3719181), TECHNOCERAM (Trademark Registration No. 3693262), FORTALUXE (Trademark Registration No. 2672923), F Design Mark (Trademark Registration No. 3613320), FORTANIUM (Trademark Application Serial No. 86168509), D&V (Trademark Registration No. 3644511), and SRS (Trademark Registration No. 4593525) (each, a “FTS Mark”).
You may use any FTS Mark except as expressly permitted by us, in writing and in advance. Further, You will not assert any right, title, or interest in or to any of the FTS Marks (or any element thereof), or take an action with might impair the same.
The Website and its entire contents (including without limitation all information, text, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by FTS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.
as follows:
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You may not modify any Content on a copy of any such page(s) or use any of the elements on such pages separately from the other Content.
You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
LINKING TO THE WEBSITE AND SOCIAL MEDIA
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may also disable all or any social media features and any links at any time without notice in our discretion.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE.
FTS will respond to allegations that Content on the Website infringes on a third-party copyright in accordance with the Digital Millennium Copyright Act (the “DMCA“).
If You believe that your work was copied or posted on the Website in a way that constitutes copyright infringement, please contact our designated agent:
Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information: (a) a description of the copyrighted work which You claim has been infringed (if you are not the owner of the work, You must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (b) a description of where the allegedly infringing material is located on the Website; (c) information reasonably sufficient to permit FTS to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (d) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (e) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
Upon receipt of such written notification, conforming to the DMCA and containing the information described immediately above, FTS will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed
If allegedly infringing material is removed by FTS, the alleged infringer may deliver a counter-notification to FTS’s designated agent which complies with the provisions of the DMCA and includes the following information: (a) a physical or electronic signature of the alleged infringer; (b) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Website before it was removed or access to it was disabled; (c) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which privity may be found, and that the alleged infringer will accept of process from the person who provided the notification or an agent of such person
Upon receipt of a counter-notification, conforming to the DMCA and containing the information described above, FTS will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days. If FTS’s designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, FTS will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.
MONITORING AND ENFORCEMENT.
We have the right to:
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
THIRD-PARTY WEBSITES, COMPANIES, AND PRODUCTS.
Mention of, or linking to, third party websites, companies, and products on the Website are for informational purposes only and constitute neither an endorsement nor a recommendation. Certain links on the Website will permit you to leave the Website. The websites linked by the Website are not under the control of FTS and FTS is not responsible for the content of any linked website.
DISCLAIMERS; LIMITATION OF LIABILITY.
THE WEBSITE, ITS CONTENT, AND OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SPECIFICALLY STATED IN THE TERMS OF SALE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE DO NOT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE SITE MAY CONTAIN LINKS TO OTHER SITES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE SITES.
ANY MATERIAL DOWNLOADED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE SITE OR THE APPLICATION IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSEVER WHICH ARISE, IN WHOLE OR IN PART, FROM THE ACT OR OMISSION OF ANY OTHER PERSON.
IN ANY EVENT, COMPANY’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT OR ARISING FROM YOUR ACCESS OR USE OF THE SITE OR INABILITY TO ACCESS OR USE THE SITE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless FTS, its officers, directors, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from your access or use of the Website; any breach of this Agreement by You; any false representation made by You in this Agreement; or any breach of a warranty made by You in this Agreement
GOVERNING LAW
This Agreement is governed and shall be construed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
CHOICE OF FORUM
Any party commencing against any other party any legal proceeding (including, without limitation, any tort claim) arising out of, relating to, or concerning this Agreement shall bring that proceeding in the United States District Court for the Eastern District of Virginia. Each party hereby submits to the exclusive jurisdiction of that court for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Agreement has been brought in an inconvenient forum or that the venue of that proceeding is improper.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ATTORNEY’S FEES AND COSTS
Should any party breach this Agreement, the non-breaching party shall be entitled to an award of its costs and reasonable attorneys’ fees expended in any action based upon the terms of this Agreement in any case in which it is the substantially prevailing party.
SEVERABILITY
In the event that any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this Agreement shall continue unabated and in full force and effect.
BINDING EFFECT
This Agreement shall be binding upon each of the parties and upon their respective successors and assigns, and shall inure to the benefit of each of the parties and to their respective successors and assigns.
ENTIRE AGREEMENT
This Agreement contains the entire understanding and agreement between the parties and shall not be modified or superseded except upon the express written consent of both parties. This Agreement is not intended to confer upon any person, other than the parties, any rights or remedies.