Terms & Conditions

Welcome to Golden Cannoli Shells Company, Inc (" Golden Cannoli," "Golden," " we," " us " or " our ") owns and operates the www.goldencannoli.com (" Website "). Golden Cannoli provides this website and our products and services to you subject to the following conditions.

BINDING AGREEMENT

Please read carefully these Terms of Use (the " Terms "), the Privacy Policy and any other terms and conditions on the Website that govern particular features of the Website (e.g. the online store) all of which collectively govern your use of, and access to, this website and any and all content, data, information and materials contained therein.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY GOLDEN CANNOLI, IN ACCORDANCE WITH THE TERMS.
The Privacy Policy and the Additional Terms are incorporated into the Terms by this reference. These Terms, the Privacy Policy and the Additional Terms set forth the entire, final and exclusive agreement between Golden Cannoli and you with respect to your use of, and access to, this website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, this website and any and all content, data, information and materials contained therein and transactions completed thereon.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our privacy practices.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Golden Cannoli or its licensors or content suppliers and protected by copyright, trademark and other laws in the United States and other jurisdictions.

TRADEMARKS

GOLDEN CANNOLI™; the GOLDEN CANNOLI ® logo, and our other logos, trademarks and service names are the property of Golden Cannoli, its affiliates or subsidiaries. GOLDEN CANNOLI™; and the GOLDEN CANNOLI® logo are registered trademarks of Golden Cannoli. The www.goldencannoli.com domain names are the property of Golden Cannoli. Golden Cannoli trademarks may not be used in connection with any product or service that is not offered for sale or otherwise provided by Golden Cannoli, its affiliates or subsidiaries; or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Golden Cannoli or this website. All other trademarks, services marks, logos, designs, and trade dress, not owned by Golden Cannoli, its affiliates or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Golden Cannoli.

LICENSE, LIMITATIONS ON USE AND SITE ACCESS

Golden Cannoli grants you a limited license to access this website, and to download or print a copy of the materials on this website for your personal use only provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Golden Cannoli; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Golden Cannoli); and (d) make no modifications to the material. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website provided that: (e) you do not use the GOLDEN CANNOLI™ logo or other proprietary graphic or trademark as part of the link without our express written permission; (f) the link does not portray Golden Cannoli, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; (g) you do not use the link in a manner that would compete with or damage the goodwill associated with Golden Cannoli; and (h) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Golden Cannoli). To request our permission to create a hyperlink to the home page of this Website, please contact us at:

Attn: Webmaster
Golden Cannoli Shells Company, Incorporated
33 South Street
Somerville, MA 02143 USA
E-mail: info@goldencannoli.com

In addition, you agree not to:
(r) Use or access the Website for any purpose that is unlawful or prohibited by these Terms;
(s) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Golden Cannoli, or our subsidiaries or our affiliates without express written consent;
(t) Use any meta tags or any other "hidden text" utilizing Golden Cannoli trade names, trademarks, service marks or logos without the express written consent of Golden Cannoli;
(u) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Golden Cannoli without the express written consent of Golden Cannoli;
(v) Use or access the Website in a manner that could damage, disable, overburden, or impair any Golden Cannoli server or the networks connected to any Golden Cannoli server;
(w) Interfere with any third party's use and enjoyment of the Website;
(x) Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any Golden Cannoli server through hacking, password mining, or any other means;
(y) Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or
(z) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.

YOUR ACCOUNT - USER AND CORPORATE ACCOUNTS

You may create an account for your personal use (" User Account ") or for your organization's use (" Corporate Account "). Creating a User Account or Corporate Account (collectively, the "Accounts") entitles you receive some great benefits, including to receive notice of special offers, to maintain an address book for recipients of GOLDEN CANNOLI™ and to view your order history. To obtain an Account, you will be required to submit an online or other registration form, which may ask for, without limitation, your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the " Password "). You agree to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself and/or your organization as may be requested by Golden Cannoli from time to time. Please note that Golden Cannoli may use such information in accordance with its Privacy Policy. Golden Cannoli shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or the entire website at any time for any reason. Golden Cannoli reserves the right to require you to periodically change your Password.
If you create an Account, you agree:
(v) That you are and shall be responsible for maintaining the confidentiality and security of your Account and Password, and for restricting access to your computer and your Password;
(w) Not to transfer, lease, assign, or sublicense any Password without Golden Cannoli prior written consent;
(x) Not to circumvent the password restrictions on the website, nor allow others to do so on your behalf;
(y) Not to use anyone else's Password; and
(z) To notify Golden Cannoli immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that Golden Cannoli shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than Golden Cannoli.

USE OF WEBSITE

If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing this website, you may use the website only with consent of a parent or guardian.

INDEMNIFICATION

You agree to indemnify and hold harmless Golden Cannoli, its affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Agreement or use of this Website.

LIMITATION OF LIABILITY

GOLDEN CANNOLI, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR MANAGER, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00). SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THIS AGREEMENT.

TERMINATION

Golden Cannoli reserves the right, in its sole discretion, to terminate or suspend any Password, Account, access, or ability to use the website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website(s) and (b) discontinue use of and destroy or return to Golden Cannoli any Golden Cannoli materials. Notwithstanding the foregoing, any provisions of these Terms, the Privacy Policy and the Additional Terms expressly identified or that would by their nature survive such termination shall so survive.

AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

Golden Cannoli respects the intellectual property rights of authors. To assist copyright owners, Golden Cannoli has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with a Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:

Attn: Webmaster
Golden Cannoli Shells Company, Incorporated
33 South Street
Somerville, MA 02143 USA
E-mail: info@goldencannoli.com

Under Title 17, United States Code, Section 512(c) (3) (A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information
(a) Your address, telephone number and e-mail address;
(b) Identification of the copyrighted work (or works) that you claim has been infringed;
(c) A description of the material that you claim is infringing the copyrighted work;
(d) A clear description of where the infringing material is located on the Websites, including its URL, so that Golden Cannoli can locate the material;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(g) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation of the Terms, the Privacy Policy and/or the Additional Terms relating to the disclosure, use, copying, distribution, display or publishing of the information and/or materials on the website and use of the website may result in irreparable injury and damage to Golden Cannoli that may not be adequately compensable in money damages, and for which Golden Cannoli will have no adequate remedy at law. You, therefore, consent and agree that Golden Cannoli may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with the Terms, the Privacy Policy and the Additional Terms. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

AMENDMENT

We reserve the right to make changes, modifications, amendments, and/or updates to our websites and these Terms at any time with or without prior notice and for any reason. Changes to these Terms shall be effective when posted. You are responsible for reviewing these Terms, the Privacy Policy and the Additional Terms each time you use or access the Website. You agree that continued use of the Website is an acknowledgment and consent to any and all terms and conditions contained in the Terms, the Privacy Policy and the Additional Terms, as each may be amended from time to time by Golden Cannoli.

WAIVER

Our failure to exercise or enforce any right or provision of these Terms, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision.

QUESTIONS

Questions or comments regarding the Website, these Terms, the Privacy Policy and/or the Additional Terms should be directed to:
Attn: Webmaster
Golden Cannoli Shells Company, Incorporated
33 South Street
Somerville, MA 02143 USA
E-mail: info@goldencannoli.com