Terms of Use

AGREEMENT BETWEEN USER AND CAESAR’S PASTA, LLC (“Caesar’s”)

The website is owned and operated by Caesar’s Pasta, LLC or an affiliate.  The website is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein.  Your use of the website constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

Caesar’s reserves the right to change the terms, conditions and notices under which the website is offered.

LINKS TO THIRD PARTY SITES

The website may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Caesar’s and Caesar’s is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  Caesar’s is not responsible for webcasting or any other form of transmission received from any Linked Site.  Linked Sites are provided only as a convenience and the inclusion of any link does not imply endorsement by Caesar’s of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the website, you warrant to Caesar’s that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the website in any manner which could damage, disable, overburden or impair the website of interfere with any other party’s use and enjoyment of the website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

USE OF COMMUNICATION SERVICES

The website may contain blogs, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service.  By way of example, and not as a limitation, you agree when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any material that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the website.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Caesar’s has no obligation to monitor the Communication Services. However, Caesar’s reserves the right to review materials posted to a Communication Service and to remove any materials.  Caesar’s reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Caesar’s may, in its sole discretion, disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

MATERIALS PROVIDED TO OR POSTED AT ANY CAESAR’S WEBSITE

Caesar’s does not claim ownership of the materials (including feedback and suggestions) you provide, post, upload, input or submit to the website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission you are granting Caesar’s, its employees, agents, affiliates, subsidiaries, and assignees (collectively, “Caesar’s and Associates”) permission to use your Submissions in any way they wish, without limitation, and the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submissions, provided that disclosure and use of personal information is controlled by the Privacy Statement.

No compensation will be paid with respect to the use of your Submissions, as provided herein. Caesar’s is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.  By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAESAR’S AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

CAESAR’S AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAESAR’S AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAESAR’S AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAESAR’S OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CAESAR’S WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

CONTENT

The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content available on the website (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights. Unless otherwise noted on the website, all Site Content is owned by Caesar’s and Associates or their suppliers or licensors.  Any rights not expressly granted herein are reserved.

GENERAL LEGAL TERMS

This Agreement is governed by the laws of the State of Colorado, U.S.A. without giving effect to any principles of conflicts law, and you hereby consent to the exclusive jurisdiction and venue of courts in the County of Denver, Colorado U.S.A. in all disputes arising out of or relating to the use of the Caesar’s website. Use of the Caesar’s website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caesar’s as a result of this Agreement or use of the Caesar’s website.

Caesar’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Caesar’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Caesar’s website or information provided to or gathered by Caesar’s with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Caesar’s with respect to the Caesar’s website and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between the user and Caesar’s with respect to the Caesar’s website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.