Terms and Conditions of Use
Last updated: September 6, 2022
Please read this Agreement carefully before accessing or using the Webstore. By accessing or using any part of the Webstore, each user ("You", Your" or "User") agree to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Webstore or use any Services made available via the Webstore.
THESE TERMS AND CONDITIONS OF USE GOVERNING YOUR USE OF THE WEBSTORE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
REGISTRATION AND YOUR ACCOUNT
LICENSE AND WEBSTORE ACCESS
Subject to Your compliance with this Agreement, World Pantry grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Webstore Services. This license does not include the right to any resale or commercial use of any Service or the Webstore contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of the Webstore, the Service or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this Agreement are reserved and retained by WorldPantry or its licensors, suppliers, rights holders, or other content providers. None of the Webstore or Services, nor any part of the Webstore or any the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WorldPantry.
CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
The contents, including information, text, images and graphics and all other material contained on the Webstore or features and functions made available on the Webstore (collectively, the "Content") are for Your personal informational purposes only. The Content is owned by WorldPantry or Goya Foods, Inc. or other third parties who have licensed their rights in Content to WorldPantry or Goya Foods, Inc. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.
You shall not, nor will You allow any third party (whether or not for Your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of WorldPantry. You may not use Content in any way not expressly permitted by this Agreement and if You do, Your right to use the Content will automatically terminate. The Content, and the Webstore generally, are subject to change or termination without advance notice. Notice of any material changes to the Terms and Conditions of Use will be posted at the top of the Terms and Conditions of Use.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on the Webstore belong to WorldPantry or have been licensed to WorldPantry. Nothing contained on the Webstore should be construed as granting You any license or right to use any Trademark displayed on the Webstore. Your use/misuse of the Trademarks displayed on the Webstore, except as provided in these Terms and Conditions of Use, is strictly prohibited.
INTENDED AUDIENCE OF THE WEBSTORE
The Webstore is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Webstore does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, You should not visit or use the Webstore. If We learn that personally identifiable information of persons residing in the EU/EEAA or under 13 years of age has been collected on the Webstore inadvertently or without verified parental consent, We will take appropriate steps to delete the information. World Pantry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
If You submit material, and unless We indicate otherwise, You grant World Pantry a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WorldPantry and its sub licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify WorldPantry for all claims resulting from content You supply. WorldPantry has the right but not the obligation to monitor and edit or remove any activity or content. WorldPantry takes no responsibility and assume no liability for any content posted by You or any third party.
LINKING/THIRD PARTY LINKS ON THE WEBSTORE
RETURNS, REFUNDS AND TITLE
WorldPantry does not take title to returned items until the item arrives at the WorldPantry returns center. At Our discretion, a refund may be issued without requiring a return. In this situation, WorldPantry does not take title to the refunded item. For more information about our returns and refunds, please see here.
LIMITATION OF LIABILITY
The use of the Webstore and the Services is at Your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Webstore, including information You provide to Us or the Webstore.
TO THE FULLEST EXTENT PERMITTED BY LAW, WORLDPANTRY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSTORE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Your use of the Webstore or the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
Either party may initiate arbitration by providing written notice to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, WorldPantry will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with WorldPantry, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Webstore, including, Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that Your work has been copied on the Webstore in a way that constitutes copyright infringement, please provide WorldPantry's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying WorldPantry that Your copyrighted material has been infringed through posting on the Webstore.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Webstore;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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.
WorldPantry's Copyright Agent for notice of claims of copyright infringement on the Webstore can be reached as follows:
Rudy Emmelot, CFO
2268 Westborough Blvd
STE 302, Box 321
South San Francisco, CA 94080
2268 Westborough Blvd
STE 302, Box 321
South San Francisco, CA 94080
WORLDPANTRY MAY REVISE THESE TERMS AND CONDITIONS OF USE BY UPDATING THIS POSTING AT ANY TIME.