TERMS OF USE AGREEMENT

This website (“Site”) located at the http://www.holsteinhousewares.com domain name is published and maintained by DISTRIVALTO U.S.A., INC., a Florida corporation, and its affiliates (collectively known herein as “DISTRIVALTO”) in Miami, Florida. By accessing and using our website, providing data, messages or other information, and/or using the services offered by any third parties on or through the Site (the “Services”), you agree to this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time. The terms “we”, “us”, and “DISTRIVALTO ” refer to DISTRIVALTO U.S.A., INC., and its affiliates.

  1. Privacy. Your privacy is important to us. When you visit the Site, we do not collect any personally identifiable information about you unless you specifically provide it to us via email, via telephone when using our telephone support service, when you visit our Support web page, or when you subscribe to our newsletter or giveaways. Please see DISTRIVALTO’s Privacy Policy for more information about our practices.
  2. 2. Amendment/Notice of Changes. We reserve the right to change the terms and conditions contained in this Agreement, other service-specific terms and conditions, or any policies or guidelines governing the services we provide, including without limitation, any of the information posted on the Site, at any time and in our sole discretion. Any changes to the Site, including service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Web pages may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.
  3. Site Purpose and Site License. The purpose of the Site is to provide consumers with a quick and easy way to view DISTRIVALTO’s products, contact DISTRIVALTO and otherwise interact with DISTRIVALTO. The Site, and all Content (defined) are provided only for use in providing the Services offered via the Site.

We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any Content on the Site; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Site granted by DISTRIVALTO. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by DISTRIVALTO or any of our affiliates, including, without limitation, any trademarks or trade names.

  1. Content

“Content” used within this Agreement means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as contact information, reports, messages, and information that you provide to us via email, via telephone when using our telephone support service, when you visit our Support web page, or when you subscribe to our newsletter or giveaways.

  1. Responsibility for Your Content

You alone are responsible for your content, and once stored, it cannot always be deleted. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.

  1. Our Right to Use Your Content

We may use Your Content in a number of different ways, including storing it, reformatting it, using it to provide Services to you and using it in other ways defined by our Privacy Policy. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose defined in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, against DISTRIVALTO and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, reproduce, distribute, modify, translate, remove, and analyze Your Content.

  1. DISTRIVALTO’s Content

All content placed on the Site by DISTRIVALTO, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DISTRIVALTO or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DISTRIVALTO and protected by U.S. and international copyright laws. All software used on this site is the property of DISTRIVALTO or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.

  1. DISTRIVALTO’s Trademarks

HOLSTEN HOUSEWARES (Reg. No. 4390996), THE BEST MEMORIES START IN THE KITCHEN! (Ser. No. 90281645), LOS MEJORES RECUERDOS COMIENZAN EN LA COCINA (Ser. No. 90281783) and other marks on our Site are trademarks of DISTRIVALTO. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of DISTRIVALTO. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

  1. USER SUBMISSIONS

DISTRIVALTO does not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose to DISTRIVALTO in violation of this section shall be deemed and shall remain the property of DISTRIVALTO and DISTRIVALTO will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such information.

  1. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), DISTRIVALTO has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact DISTRIVALTO DMCA Registered Agent at email address mark@terryfirm.com or by mail to:

Mark Terry, Esq., 10204 Northeast Second Ave., Miami, FL 33138

To file a notice of infringement with DISTRIVALTO, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:

  • A 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 site;
  • 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.
  1. Electronic Communications. When you use the Site, contact us via our Support page, call us via our telephone support service, subscribe to our newsletter or giveaways or send messages or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by using the messaging features on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. See our Privacy Policy for a more detailed explanation of how we use data that is electronically communicated.
  2. Inappropriate Use and Access.
  3. You may not use the Site or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
  4. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on DISTRIVALTO’s network infrastructure, as determined by DISTRIVALTO in its sole discretion.
  5. You may not interfere or attempt to interfere with the proper working of the Site or any Services.
  6. You may not bypass any measures DISTRIVALTO may use to prevent or restrict access to the Site, Content, or Services.
  7. You may not link from any other website to this Site in any manner such that this Site, or any Content, is “framed” or surrounded by any other content, materials, or branding.
  8. Disclaimer/Indemnification. Your use of the Site and Content is at your own risk. THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, DISTRIVALTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR DISTRIVALTO’s NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL DISTRIVALTO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT, OR SERVICES, EVEN IF DISTRIVALTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DISTRIVALTO’s TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, AND SERVICES.

You will indemnify, defend and hold DISTRIVALTO and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of an DISTRIVALTO property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys’ fees) (collectively, “Claims”) arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained in this Agreement and the Privacy Policy, which are incorporated herein by reference.

  1. No Representations or Warranties. The pages on the Site may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS SITE IS PROVIDED “AS IS.” DISTRIVALTO DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS SITE. WE DO NOT WARRANT THAT THIS SITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

DISTRIVALTO makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Site or DISTRIVALTO’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND YOU AGREE TO HOLD DISTRIVALTO HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS SITE.

  1. Social Media. DISTRIVALTO welcomes customers to share Your Content and information about DISTRIVALTO’s products and services through social media. When you use social media to share Your Content, you grant DISTRIVALTO the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.
  2. Links. The Site may contain links to other websites (“Linked Sites”) operated by parties other than DISTRIVALTO. DISTRIVALTO has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and DISTRIVALTO is not responsible for the content of any off-site pages or other Linked Sites. DISTRIVALTO’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators. Except as set forth herein, we do not share your personal information with Linked Sites, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
  3. Class Action Waiver. READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a claim as a class, collective or representative proceeding in court or before an arbitrator against DISTRIVALTO and/or its affiliated entities. Further, unless both we agree in writing, the arbitrator may not consolidate your claim with another person’s claim, and may not otherwise preside over any form of a representative or class proceeding.
  4. Termination. We may block, suspend, or terminate your use of the Site, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. DISTRIVALTO is unable to verify or authenticate any information you provide to us; or c. DISTRIVALTO believes that your actions could cause financial loss or legal liability to DISTRIVALTO or other users of the Site; and d. routine network maintenance affecting all users.
  5. Changes to this Agreement. We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Site or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
  6. Jurisdictional Issues. The Site is controlled and operated by DISTRIVALTO from its principal office in Miami, Florida, and is not intended to subject DISTRIVALTO to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. DISTRIVALTO does not represent or warrant that the Site or the Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Services do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Content to (or to a national or resident of), or to use all or any part of the Content from (as applicable): (a) Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
  7. Arbitration, Governing Law and Forum. Any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Site shall be settled by arbitration, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration proceeding shall be Miami, Florida (U.S.A.), unless otherwise agreed by the parties or ordered by the arbitrator. The arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, and the United States of America, without regard to its principles of conflicts of law. To the extent the arbitration provision above is held invalid or unenforceable, the federal and state courts located in the State of Florida shall have exclusive jurisdiction over any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Site, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to said courts.

  1. General. This is the entire Agreement between you and DISTRIVALTO and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. DISTRIVALTO’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

Contact
Direct all questions regarding this statement to:

 

 

DISTRIVALTO U.S.A., INC.

7950 NW 53RD STREET #120

Miami, FL 33166