These Terms of Service (these “Terms”) contain the terms and conditions that apply to visitors to Loffredo Fresh Foods’ website at loffredo.com and users of Loffredo Fresh Foods’ services made available through such website, including, without limitation, access to online ordering, contact us features, and other information provided to you about Loffredo Fresh Foods’ goods and services.

These Terms are an agreement between you and Loffredo Gardens, Inc. d/b/a Loffredo Fresh Foods (“Loffredo Fresh Foods”), a corporation organized and operating under the laws of the State of Iowa. Please read these Terms carefully as they govern your conduct on this website and your use of Loffredo Fresh Foods services. These Terms incorporate and are supplemental to Loffredo Fresh Foods’ Privacy Policy, available here: https://www.loffredo.com/privacy-policy. These Terms are subordinate to any specific, written agreements you may have with Loffredo Fresh Foods with respect to a good or service.

By using Loffredo Fresh Foods’ online services, you accept and agree to be bound by and abide by these Terms. By using these services you represent and warrant (a) you are eighteen (18) years of age or older; (b) you have good right, title, and authority to enter into these Terms on your own behalf and on behalf of any institution or other entity on whose behalf you are using the services (which entity shall be considered part of you for purposes of these Terms); (c) the use of these services and the entering into these Terms has been duly authorized and approved by any entity you represent; and (d) effective as of the date you first use the services, these Terms constitute valid and binding obligations enforceable against you as described herein. If you do not agree to these Terms or if you are unable to make the foregoing representations and warranties, you must not use Loffredo Fresh Foods’ services.

1. GRANT OF LICENSE

The services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned and provided Loffredo Fresh Foods.
Loffredo Fresh Foods hereby grants you a non-exclusive, non-transferable, non-sublicensable, world-wide license to use the services for internal business purposes only subject to the restrictions in these Terms. Loffredo Fresh Foods expressly reserves any rights not expressly granted herein. You are solely responsible for hardware, software, and telecommunications necessary to access the services and Loffredo Fresh Foods makes no warranty or guaranty the services will always be available or will not change.

2. LICENSE RESTRICTIONS

Except as expressly authorized under these Terms, you may not:
(a) copy, modify, or create derivative works of the services, in whole or in part;
(b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the services;
(c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the services, in whole or in part;
(d) remove any proprietary notices from the services;
(e) use the services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
(f) combine or integrate the services with any software, technology, services, or materials not authorized by Loffredo Fresh Foods;
(g) design or permit any applications to disable, override, or otherwise interfere with any Loffredo Fresh Foods communications to end users, consent screens, user settings, alerts, warning, or the like;
(h) use the services to replicate or attempt to replace the user experience of the services in another application;
(i) attempt to cloak or conceal your identity when requesting authorization to use the services;
(j) use the services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities; or
(k) use the services in any manner that Loffredo Fresh Foods determines in its reasonable discretion is abusive or harmful. You also agree that you shall only use the services in a manner that complies with all applicable laws in the jurisdictions in which you use the services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the services without notice.

3. TERM AND TERMINATION

These Terms shall apply so long as you are using the online services. Loffredo Fresh Foods may terminate your access to the services at any time for any or no reason. Upon termination of your access to the services, you shall immediately discontinue use of the services. These Terms shall survive termination of the services to the extent applicable.

4. USERNAME AND PASSWORD

You may be required to provide certain registration details or other information and become a “Registered User” before accessing certain features of the online services. It is a condition of your use of these services as a Registered User to ensure all the information you provide is correct, current, and complete. The information you provide will be treated and used in accordance with our Privacy Policy. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the online services or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You must exit from your account at the end of each session and use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms.

5. MODIFICATION OR DISCONTINUATION OF SERVICES

Loffredo Fresh Foods may, in its sole discretion and at any time, modify or discontinue the online services in whole or in part. For modified services, you may be requested accept a modification or new Terms when you log in to your account. If you do not accept the amended Terms, you will not have access to the services. Loffredo Fresh Foods may discontinue its services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.

6. PROPRIETARY RIGHTS

The online services, including, without limitation, any of Loffredo Fresh Foods’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Loffredo Fresh Foods, and you shall have no interest in them whatsoever.

All right, title, and interest in and to the services, except for information and content generated by you and third parties, are and will remain our exclusive property. Our intellectual property rights in the services are protected by copyright and trademark laws of the United States and international treaties, as well as other domestic and international laws. Nothing in these Terms gives you a right to use our trademarks, logos, domain names, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the services, to copy any feature or portion of the services, or create a derivative of the services, all of which is expressly prohibited. Any feedback, comments, or suggestions you may provide regarding the services are entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.

7. SUBMISSIONS OF OTHERS

You are solely responsible for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations and the content restrictions set forth above.

You agree to monitor the use of the services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these Terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the services from further use of the services. You agree to provide a resource for users of the services to report abuse of the services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.

8. INDEMNIFICATION

You agree to immediately notify Loffredo Fresh Foods of and indemnify and hold Loffredo Fresh Foods, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, (including the unauthorized use of your account or any other breach of security known to you), the violation of these Terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.

9. DISCLAIMER OF WARRANTIES

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the online services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE ONLINE SERVICES OR ANY OTHER SERVICE OR WEBSITE LINKED TO THE ONLINE SERVICES.

YOUR USE OF THE ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOFFREDO FRESH FOODS NOR ANY PERSON ASSOCIATED WITH LOFFREDO FRESH FOODS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LOFFREDO FRESH FOODS NOR ANYONE ASSOCIATED WITH LOFFREDO FRESH FOODS REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES 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 ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LOFFREDO FRESH FOODS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LOFFREDO FRESH FOODS, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT OR ANY CONTENT OR SERVICES ON THE ONLINE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. NOTICES

Unless otherwise provided herein, notices given by Loffredo Fresh Foods to you will be given by email. Notices will be sent to the email address you provide to Loffredo Fresh Foods as part of the registration process, or to updated addresses which you provide to Loffredo Fresh Foods via notice consistent with this paragraph. Notices given by you to Loffredo Fresh Foods must be given by email to lbeener@loffredo.com or such updated address and number as Loffredo Fresh Foods may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to Loffredo Fresh Foods shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa (the “Iowa Courts”) for any litigation or controversy arising out of or relating to these Terms, (ii) agree not to commence any litigation arising out of or relating to these Terms except in the Iowa Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

13. GENERAL

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. These Terms may be assigned in whole or in part by the Loffredo Fresh Foods. These Terms may not be assigned in any manner by you without the express, prior written permission of the Loffredo Fresh Foods.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party.

We may revise these Terms of Service at any time in our sole discretion by posting such revised Terms of Service at the Terms of Service link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. The contents of the Terms of Service may be altered at any time, at our discretion. Please review the Terms of Service link on a regular basis for changes. Continued use of our Site following any change constitutes your acceptance of the change.
If you have questions regarding the Terms of Service, please contact us at lbeener@loffredo.com. You may also write us at:

Loffredo Fresh Foods
Attn: Privacy
4001 SW 63rd Street
Des Moines, Iowa 50321

Or, you may contact us by phone at 515.285.3367, between the hours of 8:00 AM to 5:00 PM, Central Daylight Time, Monday through Friday, excluding holidays or other special circumstance.