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 see: [ADD LINK TO 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 Customercaredibruno@wakefern.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. Customercaredibruno@wakefern.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 Customercaredibruno@wakefern.com