This website (the “Website”) is owned by DB Gourmet Brands LLC (“Di Bruno Bros.” or “We” or “Our” or “Us”). These Terms & Conditions apply to your use of this Website and also apply to: (a) all websites owned and/or provided by Di Bruno Bros., and all services noffered on or through this Website or any Di Bruno Bros. website (“Services”); (b) all software offerings and applications owned or provided by Di Bruno Bros. and/or available on or through this Website or any Di Bruno Bros. website (“Software”); (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, gift cards, marketing materials, press releases, and other information and content available on or through or submitted on or through this Website or any Di Bruno Bros. website; and (d) all social media pages operated by Di Bruno Bros., regardless of whether available on a Di Bruno Bros.-owned site or a site owned by a third party (Instagram, Twitter, Facebook, etc.).By accessing the Website, You acknowledge that You have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them. You should not use the Website if You have any objections to any of these Terms & Conditions.

YOU ACKNOWLEDGE AND AGREE THAT THESE WEBSITE TERMS & CONDITIONS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN THE ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES SECTION BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN THE BINDING ARBITRATION SECTION BELOW THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

Di Bruno Bros. may revise these Terms & Conditions and the Privacy Policy over time as new features are added and other features removed to the Website or as Internet law and standards evolve, or we may suspend or stop a Service altogether, at any time, without any notice or liability. We will post these changes but recommend that You read these Terms & Conditions periodically when You visit the Website.  

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If You have any objections to any of these Terms & Conditions, You should immediately discontinue use of the Website.

Other Terms: Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

Use of the Site: Certain areas of the Website may be restricted to authorized users who may be required to use a password. You agree that You will not share any password(s) or any other Website access information. You agree that You will be responsible for maintaining the confidentiality of your password(s) and any other Website access information, and that You will be responsible for any and all activities that occur as a result of using your password(s) and/or other Website access information. You further agree that You will notify Di Bruno Bros. immediately in the event that You discover any unauthorized use of your password(s) or other Website access information.

You agree that You will not misuse the Website.  For example, You agree that You will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that You will not attempt to interfere in any way with the operation of the Website (including with the delivery of any Services), that You will not transmit any virus or worm to the Website, that You will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices) (in other words, no scraping), or for any other unauthorized purpose; and that You will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that You will not attempt to access data that is not intended for your use, that You will not attempt to log on to a server or account that You are not authorized to access, and that You will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.  You further agree that You may use the Website and Services only for your personal non-commercial use and strictly as permitted by applicable law.

In connection with your use of the Website and Services, Di Bruno Bros. may send You service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out. 

Some of the Services are available on mobile devices or may utilize SMS/iMessage, which may cause You to incur SMS or data charges with your wireless provider.  Please be aware that Di Bruno Bros. has no control over these charges, and if You do not wish to be charged, You should stop using the mobile or SMS/iMessage features (as applicable).

You agree to pay all amounts owed to us for the Services under any terms, policies or other written or electronic agreement we may have in place.  We may require You to maintain valid credit card or other payment account information with us in order to receive the Services, and if so, You hereby authorize us to charge your credit card or other payment account for the Services. Your right to purchase products through the Services is conditioned upon our receipt of payment.  Refusal of product delivery does not release You from payment liability. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if You fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms & Conditions.  Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Services immediately without notice.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts You owe to us.  

If You are using our Services on behalf of a business or employer, You are accepting these Terms & Conditions on their behalf, and the business or employer agrees to be bound by these Terms & Conditions.

Software: You acknowledge that these Terms & Conditions govern your use of any Software provided by Di Bruno Bros. and/or made available through the Website, whether or not there are license agreements and/or end-user agreements. Unless otherwise agreed in writing, You acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) You shall not attempt to alter or modify the Software; (3) You shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) You shall not attempt to circumvent or disable the Software or its intended purpose; and (5) You shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of Di Bruno Bros. You agree that We retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and You consent to such automatic updating.

Services: Di Bruno Bros. may change or eliminate Services offered on or through the Website at any time without notice. Di Bruno Bros. makes no representation that any Services are available for use in your location, and a reference to Services on the Website does not imply that the Services will be available to You and/or in your location.

Privacy: Our privacy policy [ADD LINK TO PRIVACY POLICY] explains how we treat your personal information and protect your privacy when You use our Services. By using our Services, You agree that we can collect, use, and share data from You as described in our privacy policy. We are not responsible for any information or content that You share with others via your use of the Services.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

Copyright and Permissions: Please feel free to browse the Website. In general, and unless otherwise posted, You may review and print copies of material from the Website, provided that the material (1) is used only for personal, non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make, use or distribute copies of material on the Website for any commercial purpose without prior written permission from Di Bruno Bros. None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Di Bruno Bros. 

Except as otherwise noted, all content of the Website is:

Copyright © 2024 Di Bruno Bros. All rights reserved. Di Bruno Bros. has a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material from the Website, please contact us at customerservice@dibruno.com.

Trademarks: Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the services and products of Di Bruno Bros. and related organizations, and inform the public as to the source of those services and products.

Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

• In a manner likely to cause confusion;
• To identify your products or services;
• In, as, or part of your own trademarks or service marks;
• In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
• In a manner that disparages or dilutes the Marks.

Using the Website and Services does not give You ownership of any intellectual property rights in the Website or Services or any content You access through them. You may not use any content except as expressly permitted in these Terms & Conditions.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from Di Bruno Bros. Please make such requests by email to Customercaredibruno@wakefern.com. We will evaluate your request and respond as soon as possible.

Submissions by You: In the event that You transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Website, You (1) represent and warrant to Di Bruno Bros. that You have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to Di Bruno Bros. an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by You may be handled by Di Bruno Bros. on a non-confidential basis.

Social Media Policy:

From time-to-time and on certain websites owned by Di Bruno Bros. or third parties (e.g. Instagram, Facebook, or Twitter), Di Bruno Bros. may establish a social media page (the “Page”) dedicated to one or more of its brands. The Page is intended to provide a place for Di Bruno Bros.’s community to exchange information and ideas. Your use of the Page is governed by this policy, the relevant website owner’s Terms of Use and all applicable laws, including, without limitation, intellectual property laws and privacy laws. You are responsible for all content You disseminate or transmit through or by means of the Page.

Di Bruno Bros. and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any content that is available via the Page or to refuse access to the Page at any time and for any reason without notification.  Without limiting the foregoing, Di Bruno Bros. and its designees will have the right to remove any content that Di Bruno Bros. considers, in its sole discretion, objectionable.  In particular, Di Bruno Bros. reserves the right to remove from the Page any content that: (1) appears to violate the website’s Terms of Use or any other policies or terms that govern use of the site or any applicable laws; (2) is libelous or harassing, abusive, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (3) is unrelated to Di Bruno Bros.’s products or services; (4) is clearly false or misleading; (5) impersonates any person or entity; falsely states or otherwise misrepresents your affiliation with any person or entity; intentionally omits, deletes, forges or misrepresents transmission information; or otherwise manipulates identifiers to disguise the origin of any content transmitted through the Page; (6) name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another Page user or attacks the character or damages or has the potential to damage the reputation of another user; or (7) contains the first and last name or any other identifying information of any individual, including without limitation, where they work or the exact address where they live.

Users who cause disruption are not welcome on the Page. If Di Bruno Bros. believes You are posting with the intent to cause disruption or harm, your actions may result in a warning, a suspension, or a permanent ban from participation in the Page. Banning is done at Di Bruno Bros.’s discretion and is the result of our sole judgment of a user’s demonstrated inability or disinclination to follow any of the website’s terms and other policies that govern the site. Di Bruno Bros. will not be liable to You or any third party for the consequences of any termination of your use of or access to the Page.

Di Bruno Bros. is free to use any ideas, concepts, know-how or techniques contained in the content You post to the Page, whether You restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

The Page may contain the opinions and views of other users, which Di Bruno Bros. does not endorse and for which Di Bruno Bros. is not responsible. Di Bruno Bros. is also not responsible for the accuracy of any content posted on the Page, including without limitation any content relating to health and nutrition, and You bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Page are solely between You and those third parties. Di Bruno Bros. does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Di Bruno Bros. will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between You and any third party or as a result of the presence of such third parties on the Page.

Disclaimers: Di Bruno Bros. posts Software, information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.

We may also provide links to other websites that we hope You will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties: The Website may contain technical inaccuracies, typographical errors, and out of date information. Di Bruno Bros. makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Di Bruno Bros. makes no warranty that the Website will meet your requirements. Di Bruno Bros. reserves the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. DI BRUNO BROS. SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) DI BRUNO BROS. MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” DI BRUNO BROS. MAKES NO WARRANTY OF NONINFRINGEMENT. DI BRUNO BROS. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Unless stated otherwise, Di Bruno Bros. intends that any and all items advertised on this Website be readily available for sale at or below the advertised price. Items advertised with rebates may be subject to conditions and limits imposed by the manufacturer. Some quoted prices may vary in some stores. Some items may be similar, but not exactly as illustrated on this Website. Di Bruno Bros. reserves the right to limit quantities on all items advertised on this Website.

Indemnification: You shall indemnify and hold harmless Di Bruno Bros., its affiliates, and each of their officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any Software and/or Services offered through the Website, Content that You submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability: Di Bruno Bros. respects the intellectual property of others, and we ask visitors to our Website to do the same. If You believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Di Bruno Bros.:

• Identification of the copyrighted work(s) that You claim has been infringed;
• Identification of where the material that You claim to be infringing is located on the Website;
• A statement that You have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
• Your address, telephone number, and e-mail address; and
• Your physical or electronic signature.

The designated agent of Di Bruno Bros. for notification of claims of copyright infringement on this Website can be reached as follows:

Address: Designated Agent for Intellectual Property

Di Bruno Brothers. customerservice@dibruno.com Telephone: 215-599-1363 

Similarly, if You believe any of your trademarks or service marks have been infringed, or if You believe that your image has been used without your consent, please notify the designated agent of Di Bruno Bros.

Applicable Laws and Jurisdictional Issues: The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of New Jersey applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Binding Arbitration:

Without limiting your waiver and release in the Additional Disclaimers and Limitation of Liabilities and Warranties Section above, You agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving You and Di Bruno Bros. will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms & Conditions, this Section does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services, Website or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms & Conditions or any prior agreement; (3) claims that arise after the expiration or termination of these Terms & Conditions; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.  As used in this Arbitration Provision, "Di Bruno Bros." means DB Gourmet Brands LLC and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “You” means You and any users or beneficiaries of your access to the Services, the Website or the Software.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Di Bruno Bros. by mail to 900 Calcon Hook Road, Suite 22, Sharon Hill, PA 19079.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either You or Di Bruno Bros. may bring an individual action in a small claims court in the area where You access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when You notify Di Bruno Bros. about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms & Conditions, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS Rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless You and Di Bruno Bros. agree otherwise, any arbitration hearing will take place in New Jersey.   The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Di Bruno Bros.’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’ fees and costs shall be governed by the JAMS Rules and You shall reimburse Di Bruno Bros. for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent You in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that You could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Di Bruno Bros. will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND DI BRUNO BROS. AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms & Conditions.

Compliance with Laws: You agree that You will not use the Website or the Software or Services provided on or through the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, You agree not to access, download, use or export the Website or Software or Services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or Software or Services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure: Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Di Bruno Bros. is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, pandemics, or any other cause beyond the reasonable control of Di Bruno Bros., then Di Bruno Bros. shall not be responsible to You for any failure or delay in the performance of its obligations. Di Bruno Bros. shall promptly notify You of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Di Bruno Bros. from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings: The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment: You may not assign your rights or obligations under this Agreement without the prior express written consent of Di Bruno Bros.

Invalidity of Provisions: In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver: Any failure by Di Bruno Bros. to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions: No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Di Bruno Bros.

Complete Understanding: These Terms & Conditions constitute the entire understanding between Di Bruno Bros. and You with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

If You have any questions about our Terms & Conditions, please contact us by e-mail at customerservice@dibruno.com

This Privacy Policy describes the information collection, use, and sharing practices of DB Gourmet Brands LLC (“Di Bruno Bros.”, “we”, “us”, “our”)  and its member sites when you interact with our websites (the “Website”), our mobile applications (the “App”) or any other digital products on which this Privacy Policy appears (collectively, the “Services”).

For ease of understanding all the categories of data we collect, please refer to the following definitions of categories of personal information we collect:

• Personal Identifiers: Information used to identify you, such as, your first and last name, telephone number, physical address, email address, date of birth, and any demographic information.
• Financial Information: Information related to your payment methods, such as, your credit card and debit card information and billing address.
• Account Information: Information related to your account, such as, your Username, password, purchase history, digital coupon usage, saved recipes, saved items, and delivery preferences.
• Electronic Network Activity Information: Information related to your electronic network activity, such as your browsing history, information about how you use our Websites and Apps, information about your device, and information related to our live-chat feature, Ava.
• Geolocation Information: Information about your location of your device, such as information derived from your device (e.g. based on browser or device’s IP address). We may also use location-based technology in our stores to collect information about the presence of your device if your device settings allow for this.
• Visual Information: Information related to your visual information through the use of our closed-circuit video surveillance cameras (“CCTV”) which are installed at our stores to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.
• Biometric Information: Information based on an individual’s biometric identifier, such face geometry, used to identify an individual.
• Sensitive Personal Information: Information used to identify you, but is treated with a heightened degree of sensitivity, such as gender, race or ethnic origin, physical or mental health conditions or diagnoses, religious or philosophical beliefs, personal data collected from a known child, or precise geolocation information.
• Health Information: Information related to your physical and mental health, such as, weight, body mass index, medical history, family medical history, physical or mental health conditions or diagnoses, current medication list, macronutrient and micronutrient information, dietary restrictions, biochemical data, and available laboratory results.
• Inferences:  Inferences drawn from the other information described above.

 CONSENT

By accessing or using the Services, you consent to this Privacy Policy.  If you do not agree with this Privacy Policy, please do not access or use the Services.  Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located.  If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Di Bruno Bros. are deemed to occur in the United States, where our servers are located.

PERSONAL INFORMATION WE COLLECT

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you:

• Create an online account. If you create an online account, you provide us with your personal identifiers, and we will ask you to create a username and password. An account is necessary to access online shopping and perform other online tasks. We use this information to communicate with you about products, events, and promotions, send you special offers and coupons, process your payment, and manage your account.
• Place an order online. Your online account will be used to place orders through our Website. We use this information to process your order and payment, as well as send you updates regarding your order.  
• Shop at one of our stores. Our stores are equipped with CCTV footage that will automatically capture your visual information. Some of our stores are equipped with technology that captures your biometric information through the use of our CCTV cameras.   We capture this information to monitor building security and assist in crime prevention, detection, and investigation and to ensure the safety of our associates and customers.
• Contact us. When you contact us, either by sending us an email or calling our customer service line, you provide your personal identifiers, your account information if applicable, and any other information you wish to provide. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have. If you use our online virtual agent, we will collect from you the above-referenced information. We will collect from you automatically, your internet or other electronic network activity information. We use this to ensure you are not a bot, to respond to your inquiry, and to allow you to interact with our online virtual agent. 
• Find a Store. If you use this feature on our website, you provide to us, your personal identifiers. We use this to provide you with the closest store to the location you provide.
• Interact with us on social media. When you interact with our fan page on social networking websites, such as Meta (formerly Facebook), X (formerly Twitter), and Instagram (each a “Fan Page”) (collectively “Fan Pages”), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, Twitter, and Instagram use your personal information, please see Facebook’s Privacy Policy, Twitter’s Privacy Policy, and Instagram’s Privacy Policy.
• Fan Pages. Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments or liking or sharing posts, any personal information that you post in them can be viewed by others or used by them as they see fit. The content you post on our Fan Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created.
• Community Management. If you reach out to our Fan pages with a question or comment, we may collect from you, your comments and contact information in order to rectify the issue or provide guidance.
• Sweepstakes. When you participate in sweepstakes hosted on our Fan Pages, we collect from you your personal identifiers. We use this information to notify you for prize fulfillment.
• Events and Photos. At events for which you have registered, photos and video recordings may be made (possibly by a photographer commissioned by us), in which you may also be shown. If you are the central subject of a recording, the photographer will ask you before the recording/taking the photo whether you agree and consent.
• Aggregate data. We aggregate the data we collect for benchmarking purposes and for internal analytics.
• Interact with the Services. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Services via “cookies” and similar tracking technologies (including through the use of pixel tags). This includes the following internet or other electronic network activity information.

We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information when you interact with the Services. We use this information to: (i) track you within the Services; (ii) enhance user experience; (iii) conduct analytics to improve the Services; (iv) prevent fraudulent use of the Services; (v) diagnose and repair Services errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms based on your browsing habits and history. 

Particular third-party cookies to note on our Website include: Google Analytics, Double Click, and Facebook Pixel.

In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.

• Google Analytics. We use Google Analytics to collect information on your use of the Services for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. 
• Double Click. We utilize DoubleClick by Google to serve ads based on a user’s prior visits to our Website. Each visitor to our Website receives a different cookie, and the information collected by the cookie is used to generate conversion statistics and allows us to see the total number of individuals who clicked on our ads. DoubleClick enables Google and its partners to serve ads to you based on your visits to our Website in addition to other websites on the Internet. Please review Google’s Privacy Policy for additional information on how Google uses the information collected.
• Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our websites and mobile applications by clicking on the Facebook ad. Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information that third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt out of Facebook ads through the Digital Advertising Alliance. You can also follow the instructions in the “Your Information Choices” section.
• Google AdWords. We use Google Ads to deliver advertisements to you and to track whether you have interacted with an advertisement that we have placed elsewhere on the internet. Google Ads stores a conversion-tracking cookie on your device when you click on our advertisement. The information obtained through the cookie is used to generate statistics and allows us to see the total number of users who clicked on our advertisements. We also use Google Ads to present to users of our websites and mobile applications advertisements across the internet and within the Google advertising network based on their visits to our websites and mobile applications. For more information, please review Google’s Privacy Notice. To opt out of this sharing and targeted advertising by Google, you can go to Google’s ad settings. You can also follow the instructions in the “Your Information Choices” section.

Di Bruno Bros. will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual.  The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.  

Examples of the non-Personal Information we collect are:

• The pages of our website that you viewed during a visit or the features of the Di Bruno Bros. mobile app you use;
• What information, content or advertisements you view or interact with using the Services; 
• Language preferences;
• The city and state in which you are located (but not your precise geographic location); and 
• Unique identifiers that are not connected and cannot reasonably be connected to your personal identifiers.  

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with your personal identifiers, then we will treat it as Personal Information. As discussed in more detail above, we sometimes use cookies and other automatic information gathering technologies to gather Personal Information and non-Personal Information. 

HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect to:

• Assist us in providing, maintaining, and protecting the Services;
• Set up, maintain, and protect accounts to use the Services;
• Improve our online operations;
• Process transactions;
• Provide customer service;
• Communicate with you, such as provide you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
• Send or display offers and other content that is customized to your interests or preferences;
• Perform research and analysis aimed at improving our products and services and developing new products or services; and 
• Manage and maintain the systems that provide the Services.

HOW WE SHARE YOUR PERSONAL INFORMATION

A. General Sharing

Di Bruno Bros. may share personal information in the following instances:

• Within Di Bruno Bros. We may share your personal information among our affiliated entities for the legitimate business purposes of efficiently and effectively providing the Services. Access to your personal information is limited to those on a need-to-know basis.
• With Service Providers. We share your personal information with our service providers who help us provide you our Services. These service providers include our marketing and advertising providers, IT/webhosting providers, e-commerce providers, customer service providers, quality assurance providers, market analytical providers, delivery/shipping providers, cloud storage provider, and our payment processing providers.
• In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
• With Third Parties. We may need to disclose your personal information to third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies to protect our legal interests and other rights, protect against fraud or other illegal activities, prevent harm, for risk management purposes, and to comply with our legal obligations.
• For legal purposes. We share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.

B. Sale of Personal Information.

• Di Bruno Bros. uses certain analytics and advertising cookies on its websites and mobile applications. These cookies collect your internet or other electronic network activity information and share it with the data analytics and advertising partners that provide them. 
• Di Bruno Bros. has shared your personal identifiers and account information with our advertising and marketing partners to engage in lookalike advertising and targeted advertising. 

YOUR INFORMATION CHOICES

You have the following choices with respect to your personal information:

• Correct or View Your Information. You may access your account to correct or view certain personal information you have provided to us and which is associated with your account.
• Opt Out of Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser, which can be accessed here.
• Opt Out of Advertising Cookies. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an "opt-out cookie" on your device. The "opt-out cookie" is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences. By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine.
• Association of National Advertisers opt-out registration: https://dmachoice.thedma.org/
• Network Advertising Initiative (NAI) Opt-Out: https://www.networkadvertising.org/managing/opt_out.asp
• Digital Advertising Alliance (DAA) Opt-Out: https://optout.aboutads.info
• In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent.
• Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided at the bottom of each email we send. Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you notifications necessary to the Services and certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
• Opt Out of SMS Messages. You may opt out of receiving marketing SMS Messages from us by responding ‘STOP’ upon receiving a SMS message. Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you notifications necessary to the Services and certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

DO NOT TRACK

We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

CERTAIN STATE RESIDENTS

You may have heard of the certain state laws including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Utah Consumer Privacy Act (UCPA), Connecticut Data Privacy Act (CTDPA), Texas Data Privacy and Security Act (TDPSA), and the Oregon Consumer Privacy Act (OCPA)] which provide certain rights to California, Virginia, Colorado, Utah, Connecticut, Texas, and Oregon residents in connection with their Personal Information.  Our Services are not currently subject to any state laws providing rights in connection with Personal Information.  However, we do provide notice and transparency about our collection and use of Personal Information as described in Privacy Policy.

INFORMATION SECURITY

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

CHILDREN’S PRIVACY

The Services are not intended for individuals under the age of eighteen (18) years old. If we learn that we have collected or received personal information from individuals under the age of eighteen (18) we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.

THIRD PARTY WEBSITES

Please note that the Services may link or integrate with third-party sites, services or apps.  We are not responsible for the privacy or security policies or practices or the content of such third parties.  Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how they collect, use, share and protect your information.

CHANGES TO THIS PRIVACY POLICY

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed.  If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website or through the Services’ mobile app prior to the changes becoming effective.  We encourage you to check this Privacy Policy from time to time.  IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY). 

CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at customerservice@dibruno.com.

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return. 

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. 

To start a return, you can contact us at customerservice@dibruno.com. Please note that returns will need to be sent to the following address: 900 Calcon Hook Road, Suite 22, Sharon Hill, PA 19079.

If your return is accepted, we’ll email you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. 

You can always contact us for any return question at customerservice@dibruno.com. 

Damages and issues 

Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you received the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items 

Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. 

Unfortunately, we cannot accept returns or exchanges for discounted items.

Exchanges 

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds 

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, we strive to provide you a refund on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. 

If more than 15 business days have passed since we’ve approved your return, please contact us at customerservice@dibruno.com.

THIS POLICY IS SUBJECT TO CHANGE AND MAY BE MODIFIED AT DI BRUNO BROS.’ DISCRETION