Terms & Conditions

The S. Martinelli & Company

Effective Date: 10/31/2016

Terms and Conditions of Use – Please Read Carefully

Thank you for visiting the S. Martinelli & Company website. S. Martinelli & Company maintains this website (the “Site”) for your personal entertainment, information, education and communication and as a means to purchase our products. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, and agree to be bound by and subject to, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and S. Martinelli & Company regarding this Site or its use are superseded and of no force or effect.  THESE TERMS AND CONDITIONS OF USE APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY EMAIL, BY FAX, BY TELEPHONE, IN PERSON, OR BY ANY OTHER MEANS OF TRANSMISSION.

Copyright

S. Martinelli & Company owns the Site and retains all right, title and interest in and to the Site including, without limitation, all graphics, user interfaces, logos and trademarks used or reproduced throughout the Site. Certain third parties have licensed to S. Martinelli & Company the use of such third party’s copyrighted material for inclusion in the Site. The material on this web site is for noncommercial, personal use only. By using the Site, you covenant and agree to observe and comply with all copyright and other proprietary rights for all materials contained on the Site whether held by S. Martinelli & Company or a third-party. Neither these Terms and Conditions nor your use of the Site (i) grants you any intellectual property license or rights in or to the Site or any of its components, or (ii) gives you any right, title or interest of any type or nature to anything contained in the Site including, but not limited to, any Postings that you make to the Site.  Furthermore, you may not distribute, modify, transmit, reuse, repost or use all or any content of the Site for public or commercial purposes, including the text, images, audio and video without S. Martinelli & Company’s express prior written permission.

Trademark

The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to S. Martinelli & Company or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that S. Martinelli & Company will enforce its intellectual property rights as allowed by law, including criminal prosecution.

Submissions to the Site

Any non-personal information, communications or material you submit to S. Martinelli & Company at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and S. Martinelli & Company is free to use and reproduce such Submission freely, and for any purpose. Specifically, S. Martinelli & Company is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting it. If S. Martinelli & Company accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, S. Martinelli & Company does not waive any rights it may have to similar or related ideas previously known to S. Martinelli & Company or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that S. Martinelli & Company’s use will not violate any third party’s rights.

S. Martinelli & Company is under no obligation to use any Submission.

Related Issues

Although S. Martinelli & Company may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), S. Martinelli & Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site.

S. Martinelli & Company may remove Postings at any time, and for any reason. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. S. Martinelli & Company will fully cooperate with any law enforcement authorities or court order requesting or directing S. Martinelli & Company to disclose the identity of anyone posting any such information or materials.

Copyright Complaints

S. Martinelli & Company respects the intellectual property of others, and we ask our users to do the same. S. Martinelli & Company may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify S. Martinelli & Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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 Service Provider to locate the material;
  4. Information reasonably sufficient to permit Service Provider 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;
  5. 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
  6. 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.

Please send notice of any alleged violation to:

customer_service@martinellis.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

Linking

This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. S. Martinelli & Company has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.

In general, S. Martinelli & Company does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of S. Martinelli & Company trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests S. Martinelli & Company has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with S. Martinelli & Company to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without S. Martinelli & Company written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any S. Martinelli & Company names, trademarks, slogans, or any other words or codes identifying S. Martinelli & Company Site in any “metatag”. S. Martinelli & Company will not tolerate links from any website that may adversely affect the name, reputation and goodwill of S. Martinelli & Company and its products. S. Martinelli & Company reserves the right to cancel permission to link at any time, for any reason.

Privacy Policy

Along with our Terms and Conditions, we encourage you to read our Privacy Policy and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these Terms and Conditions.

Website Service Area

The S. Martinelli & Company products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by S. Martinelli & Company from its offices in Watsonville, California, United States. S. Martinelli & Company makes no representation that materials on this Site are appropriate or available for use in other locations.

Suspension of Access

S. Martinelli & Company may suspend your right to access or use any portion or all of the Site immediately, without providing any prior notice to you, if S. Martinelli & Company determines (a) (i) your use of the Site poses a security risk to the Site, to other users, to S. Martinelli & Company or to any third party, (ii) may subject S. Martinelli & Company to liability, or (iii) may be fraudulent; (b) you are in breach of any of the Terms and Conditions; or (c) for any other reason as determined by S. Martinelli & Company in its sole and absolute discretion. S. Martinelli & Company may elect to either temporarily or permanently suspend your right to access or use of any portion or all of the Site. S. Martinelli & Company does not need to provide prior notice to you of any such suspension or any reason or explanation for such suspension.

Modifications to Terms and Conditions

S. Martinelli & Company may modify these Terms and Conditions at any time by posting a revised version on the Site or otherwise by notifying you of any such change. The modified terms will become effective upon posting or, if we notify you by email, the date of such email. By continuing to access the Site after the effective date of any modifications to the Terms and Conditions, you agree to be bound by the modified terms. It is your responsibility to check the Site regularly for modifications to the Terms and Conditions. S. Martinelli & Company last modified these Terms and Conditions on the date listed at the beginning of the Terms and Conditions.

Disclaimers

Your use of and browsing on this Site are at your own risk. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY. S. MARTINELLI & COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SITE, ANY THIRD-PARTY CONTENT ON THE SITE OR ANY PRODUCTS OR SERVICES THAT ARE LISTED, ADVERTISED OR PROMOTED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, S. MARTINELLI & COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

S. Martinelli & Company assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of this Site. Neither S. Martinelli & Company nor any other party involved in creating, producing or delivering this Site is liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages (including damages for loss of profits, goodwill, use or data) arising out of your access to, or use of, this Site.

Third-Party Financial Information

We provide links and access to third-party websites or services that contain information that is provided as a service to those interested in the information. S. Martinelli & Company neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites. Accordingly, S. Martinelli & Company does not endorse or adopt these websites or any information contained therein. S. Martinelli & Company makes no representations or warranties whatsoever regarding their accuracy or completeness.

Indemnification

You will indemnify, defend, protect and hold S. Martinelli & Company and its shareholders, directors, officers and employees free and harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning: (a) your use of the Site; (b) breach of these Terms and Conditions or violation of any applicable law; (c) any of your Postings including any claim involving alleged infringement or misappropriation of third-party rights relating to such Postings; and (d) any dispute between you and any third party. If S. Martinelli & Company is obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney’s fees as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then current hourly rates.

Choice of Law and Jurisdiction

This Agreement will be governed solely by the internal laws of the State of California including, without limitation, applicable federal law without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal court located in San Francisco, California and state courts of Santa Cruz County, California.

Dispute Resolution

Any dispute or claim relating in any way to your use of the Site, or any products or services sold on the Site, will be resolved by binding arbitration rather than in court. Any such arbitration will be conducted in accordance with the procedures detailed in California Code of Civil Procedure section 1280 et. seq. (or any successor statute to these provisions). There is no judge or jury in arbitration and court review of an arbitration award is limited. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate office located at 227 East Beach Street, Watsonville, California 95077. If for any reason the claim proceeds in court rather than an arbitration, then you waive any right to a jury trial. Notwithstanding the foregoing, at any time S. Martinelli & Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights and any such lawsuit shall not be subject to this arbitration provision.

Supply Chain Transparency Act 2010

At S. Martinelli & Company we are very concerned with the global scourge of human trafficking and slavery. We assert that our Company does not engage in such despicable practices, and we refuse to do business with companies that engage in or support the practice of human trafficking or slavery.

On January 1, 2012, the California Transparency in Supply Chains Act went into effect in the State of California. This law requires manufacturers and retailers to make certain disclosures regarding their efforts to address the issue of slavery and human trafficking in their supply chains.

In compliance with this Act, S. Martinelli & Co. discloses the following:

  1. We are currently engaging in verification of our product supply chain to evaluate and address the risks of human trafficking and slavery. This verification is not being done by a third party.
  2. We are planning on auditing our suppliers to evaluate their compliance with State and Company standards for eliminating trafficking and slavery in supply chains. We are in the process of determining whether these audits will be done by a third party, and whether they will be unannounced.
  3. We are in the process of requiring direct suppliers to certify that materials incorporated into the products they supply to us comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
  4. We are developing our internal accountability standards and procedures for employees or contractors failing to meet our standards regarding slavery or trafficking.
  5. We are planning to provide all Company employees and management with training on issues related to human trafficking and slavery and our policies related to the CTSCA.