Terms and Conditions

TERMS OF USE

 

PLEASE READ THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, THE INDEMNIFICATION, AND THE DISPUTES; GOVERNING LAW; JURISDICTION; CLASS ACTION AND JURY TRIAL WAIVER SECTIONS BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING BARILLA, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY, AND MANDATORY ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITES.

 

Welcome to www.barilla.com, which is owned, operated, and maintained by Barilla America, Inc. ("Barilla" “us” “we”).  These Terms of Use (the “Terms”) apply to www.barilla.com and to other Barilla websites that link to these Terms, including websites of Barilla's affiliates (collectively, the "Websites"). These Terms are an agreement between the user (“you”) and Barilla and govern your use of the Websites that you have accessed. The Websites and their related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms.

 

Remember that your use of the Websites is subject to our Privacy Policy, which incorporates these Terms. To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy Policy. By entering, accessing, browsing, or using the Websites, including submitting information to Barilla, placing orders to purchase products from Barilla (as available), contacting our personnel, or otherwise interacting with us, you are acknowledging that you have carefully read, understand, and agree, without limitation or qualification, to be bound by these Terms.

 

Your use of a particular section of the Websites or your purchase of a product, may also be subject to additional terms ("Additional Terms").  In the event that any of these Terms conflict with the Additional Terms, then the Additional Terms shall control.

 

Please read these Terms carefully. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE WEBSITES.

 

Changes to These Terms

As we improve our products or the Websites, Barilla may need to and reserves the right to change these Terms without notice. You are responsible for regularly reviewing these Terms and any Additional Terms (as defined above) posted on other sections of the Websites. Your continued use of the Websites after we post revised terms signifies your consent and acceptance of such terms.

 

License and Access to the Websites

Provided you abide by these Terms, Barilla grants you a limited non-exclusive, nontransferable, non-sublicensable license to access and make personal and non-commercial use of the Websites. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Barilla and Barilla's business partners and customers ("Business Agreement"), the Business Agreement shall control.

 

Accessing, using, or copying any portion of the Websites or the Content (defined below) through the use of data mining (or similar data gathering/extraction tools), bots, spiders, scrapers, Web crawlers, indexing agents, or other automated devices or mechanisms or using the Websites or Content in conjunction with a generative AI solution is strictly prohibited.  Barilla enforces a zero-tolerance spam policy regarding information transmitted through our network. Barilla may determine in its sole discretion whether any transmissions are considered spam. Spam includes, but is not limited to, the following:

  • Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Websites, or e-mail that advertises any IP address belonging to Barilla or any URL (domain) that is hosted by Barilla.
  • The use of web pages set up on ISPs that allow spamming that directly or indirectly reference customers to domains or IP addresses hosted by Barilla.
  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

 

You may not create a link to the Websites without the express written permission of Barilla. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of a Barilla Website (e.g. www.barilla.com/en-us/) so long as the link does not portray Barilla, its affiliates, or their Content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barilla logo or other proprietary graphic or trademark as part of the link without the express written permission of Barilla.

 

No Unlawful or Prohibited Use

As a condition of your use of the Websites, you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You are prohibited from:

  • Using the Websites in any manner which could damage, disable, overburden, or impair the Websites (or the network(s) connected to the Websites) or interfere with any other party's use and enjoyment of the Websites;
  • Attempting to gain unauthorized access to the Websites, other accounts, computer systems or networks connected to the Websites, through hacking, password mining or any other means;
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Websites;
  • Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barilla and/or its affiliates without express written consent of Barilla;
  • Using any meta tags or any other "hidden text" utilizing Barilla's name or trademarks without the express written consent of Barilla; 
  • Removing or modifying any proprietary notice, copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Websites or Content or attempting to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Websites or Content;
  • Decompiling, deciphering, disassembling, translating, modifying, reverse engineering, or otherwise attempting to access the source code of the Websites or Content, except where permitted by law notwithstanding this limitation;
  • Uploading to the Websites the personal information of others that you are not authorized to provide;
  • Providing any content, data or information to Barilla that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
  • Using the Websites or Content in a way that suggests you are a representative of Barilla;
  • Using the Websites or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Websites or Content;
  • Infringing or misappropriating the intellectual property, proprietary or privacy rights of any third party;
  • Interfering with or disrupting the proper functioning of the Websites or Content, Barilla’s or any third party’s systems used to host the Websites, or other equipment or networks used to provide the Websites or Content;
  • Communicating the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Websites, or any part thereof;
  • Circumventing the user authentication or security of the Websites or any host, network, or account related thereto;
  • Using any application programming interface to access the Websites or Content;
  • Making any use of the Websites or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions;
  • Failing to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Websites or Content;
  • Allowing any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Barilla for someone other than the individual identified in the account information; and
  • Causing damage to Barilla’s business, reputation, employees, members, facilities, or to any other person or legal entity.

 

Any use which violates these Terms, gives Barilla the right (without notice or liability) to revoke the aforementioned license, cancel any order, or to refuse, restrict, terminate or discontinue your access to the Websites (or any portions, components, or features of the Websites).

 

License to Submissions

If you submit any feedback, suggestions, recipes or other communications (each a "Submission" and collectively "Submissions") to the Websites or to Barilla, you are granting Barilla, its affiliated companies, designees, and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Barilla is under no obligation to post or use any Submission you may provide and Barilla may remove any Submission at any time in its sole discretion.

 

Ownership of the Websites, Content, Trademarks and Copyrights

All pages within the Websites and any Content made available, including for download, are the property of Barilla. The Websites, Content, Trademarks, and Copyrights are protected by United States and international copyright and trademark laws.

 

Content

You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Websites, including the products made available on or through the Websites, and all Software (defined below), logos, button icons, images, audio clips, digital downloads, data compilations,  information, text, data, graphics, product images, sound recordings, audio and visual clips, and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Websites or the Content. Such intellectual property and proprietary rights may include, but are not limited to, patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of Barilla, except as indicated within these Terms.

 

Trademarks

All Barilla brands are trademarks of Barilla and, unless indicated otherwise, all page headers, custom graphics, button icons and scripts that appear on the Websites are service marks, trademarks and trade dress of Barilla (collectively "Trademarks") or its affiliates, subsidiaries, parent companies, in the United States and other countries.


The Trademarks are valuable assets of Barilla and carry 
considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Barilla and, as such, may only be used by Barilla or other authorized persons or entities for the benefit of Barilla and only in connection with the products and services authorized by Barilla. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Barilla, its affiliates, subsidiaries or parent companies is strictly prohibited.


You may not use any of the Trademarks in any manner without the prior written consent of Barilla. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

 

Copyright

All content that is made available to view and/or download in connection with the Websites, including but not limited to the Content and software ("Software"), is owned by and is the copyrighted work of Barilla and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Websites is the exclusive property of Barilla and is protected by United States copyright laws and international treaty provisions. All Software used on the Websites is the property of Barilla and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Websites or by Barilla, please provide written notice to Barilla’s designated agent for notice of claims of copyright infringement by sending an email to [email protected].

 

Your written notice must:

  • contain your physical or electronic signature;
  • identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
  • contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
  • contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
  • contain a statement by you, made under penalty of perjury, that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

For information about copyright or infringement claims, please view our 

Copyright Infringement Policy.

 

Accuracy, Completeness, and Timeliness of Information on the Websites and Products

Although Barilla attempts to provide accurate product descriptions and other information on its Websites, we are not responsible if information made available on the Websites is not accurate, complete, or current. The material on the Websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information, including the description and information on packaging of the Barilla product. Any reliance on the material on the Websites is at your own risk.

 

Also, the Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites. You agree that it is your responsibility to monitor changes to the Websites.

 

Member Account, Password, and Security

Certain customers and partners of Barilla may receive a password from Barilla to access certain information on the Websites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Barilla immediately of any unauthorized use of your account or any other breach of security. Barilla will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Barilla or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Barilla.

 

Links to Third Party Sites

The Websites may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Barilla and Barilla is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Barilla is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Barilla responsible if the Linked Site is not working appropriately. Barilla is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Barilla of the Linked Site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.


Any dealings by you with third parties (including advertisers) included within the Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Barilla shall not be responsible or liable for any part of any such dealings or promotions.

 

Risk of Loss for Purchases

All promotional items purchased from Barilla, either through the Websites or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by Barilla. However, in the event that any goods shipped to you are damaged or lost, Barilla may issue you a prompt refund for the full amount of the goods damaged or lost. Barilla's liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see the Disclaimer of Warranties and Limitation of Liability section below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department. 

 

Product Warranty Information

Parties other than Barilla manufacture certain products offered on the Websites. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see the Disclaimer of Warranties and Limitation of Liability section below for further information.

 

Privacy and Protection of Personal Information

See the Barilla Privacy Policy for disclosures relating to the collection and use of your personal information.

 

Termination/Access Restriction

Barilla reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Websites or any portion thereof at any time, without notice or liability. Upon termination, you must cease use of the Websites, and neither you, nor any third party on your behalf, shall access or attempt to access the Websites for any purpose whatsoever.


You must be at least 18 years of age to transact any business with Barilla or to submit any personal information to Barilla. As such, if you transact or attempt to transact any business with Barilla or submit or attempt to submit any personal information to Barilla, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE WEBSITES IN ACCORDANCE WITH THESE TERMS.

 

Disclaimer of Warranties and Limitation of Liability

THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITES AND TO THE CONTENT THEREIN. BARILLA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITES AT ANY TIME.

 

BARILLA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ACCURACY OF THE WEBSITES OR THE CONTENT CONTAINED WITHIN THE WEBSITES FOR ANY PURPOSE. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BARILLA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITES AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

 

YOU SPECIFICALLY AGREE THAT BARILLA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES. YOU SPECIFICALLY AGREE THAT BARILLA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BARILLA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITES BY ANY THIRD PARTY.

 

IN NO EVENT SHALL BARILLA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY CONTENT OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BARILLA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

IN ANY EVENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARILLA'S AGGREGATE LIABILITY TO YOU WILL NOT EXCEED: (1) THE AMOUNT PAID BY YOU TO BARILLA, IF APPLICABLE, TO ACCESS THE WEBSITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST BARILLA, OR (2) $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

 

BY USING THE WEBSITES, YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE BARILLA, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITES.

Indemnification

You agree to indemnify, defend, and hold Barilla and its parents, subsidiaries, affiliates, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claim, demand, liability, judgment, award, loss, cost, expense, fee, or damage, including reasonable attorneys' fees arising out of: (i) your violation of these Terms, the document they incorporate by reference, or any applicable law; (ii) your violation of the rights of a third party; (iii) your access to or use of the Websites, including, but not limited to, your Submissions and your use of Content, other than as expressly authorized in these Terms; (iv) any dispute or issue between you and any third party concerning the Websites; and (v) all claims pertaining to the Websites or your use of the Websites or Content that arise from or allege negligence, fraud, or intentional misconduct committed by you.

 

Disputes; Governing Law; Jurisdiction; Class Action and Jury Trial Waiver

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON.

 

The terms of this Section apply to all disputes, even if the actions or relationship giving rise to such disputes occurred prior to this version of the Terms (or such modification).  However, the provisions of this Section do not apply to any dispute as to which you have personally initiated a lawsuit or arbitration prior to agreeing to these Terms. 

 

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Websites or Content. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations as described below, which shall be a precondition to you initiating a lawsuit or arbitration against us (“Informal Dispute Resolution Process”). If you have a dispute with us, you must send an individualized, written notice describing the dispute to us via email to [email protected]. If we have a dispute with you, we will send a written notice to you using the contact information we have for you.

 

Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any dispute covered by these Terms.  If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.  The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Process required by this Section.

 

Any matter or dispute relating in any way to your use of the Websites, Content, or these Terms, which is not so resolved within 60 days of the opposing party receiving the notice shall be submitted to binding confidential arbitration as provided below.

 

Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any arbitration, described below.  If a party brings an arbitration as described below without following the Informal Dispute Resolution Process, the arbitration shall be dismissed and such party is required to pay any reasonable costs and fees of the other party.

 

Excluding claims by us for injunctive or other non-monetary relief, any claims related to the Websites or Content and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be brought on an individual basis and shall be resolved by final and binding arbitration before an arbitrator mutually selected by the parties. The arbitrator must have experience with the subject matter of the dispute, and be a former federal or state court judge.  The parties intend the Federal Arbitration Act (“FAA”) to apply to ensure enforcement of this arbitration agreement. 

 

The parties will meet and confer in good faith to select an arbitrator.  For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms.  If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either party may petition the State courts of the State of Illinois or the United States District Court for the Northern District of Illinois to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties. 

 

The arbitration shall be governed by the JAMS Inc. Streamlined Arbitration Rules and Procedures.  The selection of the JAMS Streamlined Arbitration Rules and Procedures does not mean that the arbitration will be administered by JAMS.

 

The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

 

The arbitration shall take place in Illinois or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested.  If the party seeking arbitration fails to appear at the administrative conference regardless of whether such party's counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless such party shows good cause as to why they were not able to attend the conference.  You and we agree that the party initiating arbitration must submit a certification to the arbitrator that they have complied with and completed the Informal Dispute Resolution Process requirements referenced above and that they are a party to the arbitration agreement enclosed with or attached to the demand for arbitration. The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.  Except as expressly provided in this arbitration agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

 

If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous, brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or asserted in bad faith. If we initiate an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).  Except as provided herein, the parties shall bear their own attorneys’ fees and costs in any arbitration.

 

INDEPENDENT OF ANY AGREEMENT TO ARBITRATE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

 

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Additionally, in any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, court costs, and disbursements.

 

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

 

Waiver and Entire Agreement

Any waiver of any provision of these Terms must be in writing and signed by Barilla to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms and the Privacy Policy (as each may be revised and amended at any time and from time to time) collectively constitute the entire agreement with respect to your access to and use of the Websites and the Content available on or through the Websites or through Barilla.

 

International Use

Please be aware that we have locations in the United States and that the Websites are governed by United States law. If you are using the Websites or accessing the Websites from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

 

If you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States, you may not use or access the Websites or Content.  If you use the Websites or access the Websites outside of the United States, you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Websites. The Websites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

 

Customer Service

If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday, through our Contact Us page or by telephone at 1-800-922-7455.

 

Revised: March 22, 2024

  



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Barilla Offices

Barilla USA
885 Sunset Ridge Rd.
Northbrook, IL
60062

Barilla Global Headquarters
Barilla G. & R. Fratelli
Via Mantova 166 
43122 Parma
Italy