Terms of Use
This Use Agreement (“Agreement”) is by and between Twirl Pasta, LLC, a Massachusetts Limited Liability
Company located in Weston, Massachusetts (hereafter “Twirl”, “us”, “we” or “our”) owner of the Twirl Pasta
website (“Site”) and the User (hereafter “User” or “you” or “your”) of the Site.

Acceptance of Agreement
The Twirl Site and its related services are offered to you conditioned upon your acceptance of the terms,
conditions, and notices contained in this Agreement. By using the Site you accept this Agreement and
agree that it constitutes our entire agreement with you with respect to the matters contained in the
Agreement. If you do not accept this Agreement then you should exit the Site.

Limited License to Use the Site
Twirl grants you a limited license to access the Site, to view and navigate through the Site, and to
download or print a copy of any and all materials on the Site for your own personal, non-commercial use,
and provided that you do not alter the materials in any way. You understand and agree that Twirl retains
ownership and intellectual property rights in the downloaded material and that use of any materials from
the Site for any purpose not covered by this Agreement is prohibited. You may not use the site or
materials from the Site for any unlawful purpose. You agree to maintain any copyright or trademark notice
on the downloaded materials. You may not create a link to the Twirl Site without the express written
consent of Twirl which consent will provide the terms, conditions, and limits of such linking activity.

Copyright and Trademarks
Twirl claims a copyright in the entire Site and its contents. Content includes but is not limited to text,
logos, graphics, button icons, images, audio clips, digital downloads, data compilations together with all
software used to operate the Site or portions thereof. The trademarks, service marks and logos displayed
on the Site are registered marks of Twirl. These are valuable assets of Twirl and any unauthorized use of
the trademarks or use of a mark that is likely to cause confusion with the Twirl trademark or that
disparages Twirl or its affiliates is strictly prohibited. Your limited license to use the Site does not permit
you to use these marks or our copyrighted material for any purpose. Any reproduction or redistribution of
the Content is expressly prohibited by law and may result in severe civil and criminal penalties.

Your Submissions to Twirl
Please refer to our Privacy Statement for a discussion of our collection and use of your Personal
Information. Unless otherwise covered by written agreement between us, any other information of any
character or type (content ideas, sketches, images, graphics, video, audio, or text) that you provide to
Twirl, including but not limited to suggestions for improvement of our products or of our Site, shall
become the exclusive property of Twirl and may be used by Twirl for any purpose without compensation
to you or anyone else.

Links to Third Party Sites
The Twirl Site may contain links to other websites. These links are provided for your convenience and
interest; their availability on the Twirl Site does not imply that we endorse the content or any product or
service offered on these websites or that we have any association with its operators. These websites are
not operated or controlled by Twirl and Twirl is not responsible for the contents or the privacy and
security protections that may be provided by those websites. Your use of the linked website is solely at
your risk.

Disclaimer of Warranty & Limitation of Liability
The information and other material provided on our Site are made available to you strictly on an “as is”
basis and are without warranty of any kind. There may be typographical errors and inaccuracies in the
information on the Site and the information may be revised or changed at any time without notice. Twirl
and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, lack
of viruses or other harmful components and accuracy of the information, software, products, and related
graphics contained within the Twirl Site for any purpose.

Product and/or program features, models, variants, colors, measurements, computations, and other
technical data may be provided as a guide for your use but you should not rely upon that information as
accurate or up to date. We have no responsibility or liability for installations or applications based upon
information provided on the Site. You should confirm and verify all information against specification
sheets and product information provided other than through the Site, or with an authorized dealer of our
products.

We do not represent that this Site will be available to you at any time, or that it will be virus or error free,
or that defects or errors will be corrected. To the extent permitted by applicable law neither Twirl nor any
of its subsidiaries, affiliates, officers, directors, employees or consultants shall be liable for any direct,
indirect, punitive, incidental, special, consequential or other damages arising out of or in any way
connected with the use of or inability to use the Site or with respect to its content, whether based on
contract, tort, negligence, strict liability or otherwise, even if we are advised of the possibility of any such
damages.

You specially agree: (1) that Twirl 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 Twirl Site (2) that Twirl is not responsible for any threatening, defamatory,
obscene, offensive, or illegal content or conduct of any other party or infringement of another’s rights,
including intellectual property rights, and (3) that Twirl is not responsible for any content sent using
and/or included in the Twirl Site by any third party.

No information or other material provided on this Site may be deemed incorporated into the terms of sale
of any of our products by virtue of its presence on our Site. You should not rely on information or material
presented on this Site in connection with any such purchase

Indemnification
You agree to indemnify and hold Twirl, its subsidiaries, affiliates, officers, directors, employees or
consultants harmless from any third party claim, demand, or damage, including attorney’ fees, asserted by
any third party due to or arising out of your use of the Twirl Site and/or information (text or graphical),
software, or products obtained through the Twirl Site and/or from Twirl.

Applicable Law
All complaints against Twirl, including but not limited to complaints as to this Agreement; the Site license,
Site access restriction and/or termination, Twirl’s trademarks, copyrights, patents, trade secrets, and
other intellectual property disputes, privacy; disclaimer of warranty shall be governed by the laws of the
Commonwealth of Massachusetts, USA and shall be submitted to a state or federal court in the
Commonwealth of Massachusetts. You hereby irrevocably consent to exclusive jurisdiction and venue in
such courts. Use of the Twirl Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this Applicable Law section.


Effective from January 1, 2008


 

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