Effective: December 12, 2010
Balanova Inc. grants you a limited, non-exclusive, revocable license to use the Site. You agree not to (a) use software, robots, metatags etc. or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
(A)To use the Site, you represent that you are 18 years or older, or under the supervison of a parent/guardian. Further, you represent that the information you present is true and accurate, and that you are not in violation of applicable law or regulation. Credit card purchases made by those under 18 may require parental verification and authorization.
(B) Occasionally we will feature products containing alcohol. You certify that if you purchase such products that you are 21 years of age or older. Additionally, you are prohibited from purchasing such products on the Site and directing shipment of such products to anyone under 21 years of age. You are strictly prohibited from purchasing such products for purposes of resale. If you do not agree with these terms and conditions you should not use the Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 we will contact the relevant authorities and cooperate in any prosecution that may result. The terms and conditions of the shipment of such products are between the featured Vendor and you. Balanova, Inc does not own, take title or delivery of any such products.
(A) Users of the Site may post information, opinions, or advice. Content provided by users is solely the opinion of such users and not the opinion of Balanova, Inc. Content that is defamatory, libelous or obscene will be removed promptly.
(B) Third party information, including that sourced by Balanova, Inc. from external Vendors, is not a guarantee that your results or actual experience will be as described.
The Site attempts to be as accurate as possible. However, the Site does not guarantee that descriptions, content, or pricing are accurate, complete or error-free. If a product offered on the Site is not as described, you may return it in unused condition to the third party Vendor.
If a product is listed with an incorrect price, either through a typographical error or through a Vendor error, the Site has the right to cancel or refuse any orders for these products listed with incorrect pricing. This holds true regardless of whether you have credit card confirmation. Any orders already charged and confirmed will receive credit for the amount charged.
Links To Other Businesses
AmbrolioFoods.com contains links to external Vendor websites that sell and ship products. Balanova, Inc does not own, take title or delivery of any products. We do not monitor the safety of these products, and are not liable, directly or indirectly, for any damage or loss caused by the products sold through these external Vendors.
The Site, the Site logo, design, text, videos, photographs, graphics, audio recordings and other files and materials (collectively, the “Content”) are the sole and exclusive property of Balanova, Inc. You may electronically copy and print hard copy portions of the Site for informational and non-commercial personal use only, provided you do not remove any copyright or trademark notices. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without our prior written permission, is strictly prohibited. You may not frame or utilize framing techniques to enclose any Balanova, Inc. trademark, logo, or other proprietary information, (including images, page layout, text, video). The Site and Trademarks of Balanova, Inc. or its affiliates or licensors, may not be copied, imitated or used, in whole or in part, without the prior written consent. Any rights not expressly granted herein are reserved.
When you submit a photograph, image, video, a review, a recipe, comments, suggestions, ideas, notes, drawings, concepts or other material to us through any means you grant Balanova, Inc. and its affiliates an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, copy, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially use the submitted materials and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth above, and (b) none of the materials you might submit violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. By submitting materials to us you agree, upon our request and at our expense, to take any further reasonable action to effect, perfect, and confirm the license granted to us to the materials you submit.
Publication or use of materials you submit to us is at our sole discretion. In the event we decide to use materials you submit on the Site, you agree we are permitted to use your name, likeness, photo or biographical information you might provide to us in your submission.
Disclaimer of Certain Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABL LAW, THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BALANOVA, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BALANOVA, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. BALANOVA INC. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO CONTENT AS A RESULT OF A LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER CONTENT.
Limitation of Liability
BALANOVA, INC. SHALL NOT BE HELD LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF BALANOVA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM A MEMBER’S INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INSTRUCTION, ADVICE, GUIDANCE OR DIRECTIONS RECEIVED THROUGH THE SITE. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification and Release
By using the Site you agree to indemnify Balanova, Inc. its officers, directors, shareholders, employees, agents and affiliates and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from your use or misuse of the Site including, but not limited to, claims of infringement of intellectual property rights (copyright, trademark, patent and/or trade secret whether registered or not), content which a third party claims is libelous and claims or actions alleging content contains illegal information.
Removal and Disclosure
We may remove, take down, destroy or delete any material on the Site or submitted to us at any time and for any reason, including, but not limited to materials we deem inappropriate or which we believe might subject us to any liability.
Balanova, Inc. reserves the right, without notice and in its sole discretion at any time, to terminate your license to use the Site, to block or prevent future access to and use of the Site, and to remove and discard any material.
The Terms of Service constitute the entire agreement between us with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between us with respect to the subject matter hereof. We reserve the right to amend this Agreement at any time with or without notice. The laws of the State of California shall govern this Agreement, without giving effect to conflict of laws principles contained therein. Any and all disputes arising under this Agreement shall be brought in the state and federal courts located in San Diego County, California. By using the Site you acknowledge and agree that San Diego, County California is a proper and convenient venue for resolving disputes under this Agreement. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must include a written notice with the information specified below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note: This procedure should be used only for notifying Balanova, Inc. that infringement of your copyrighted material has occurred.
Our contact information is listed below.
Contacting Ambrolio Foods
Any questions or concerns related to the Site or this Agreement should be directed to us only by mail, email, or telephone.
7660 Fay Ave, H #142
La Jolla, CA 92037
info AT ambroliofoods DOT com