DAVANNI’S INC., TERMS OF USE

Please read the following Terms of Use (these “Terms“) carefully before using the Davanni’s Inc., (“Davanni’s“, “we“, “us“, or “our“) website, purchasing any of our Davanni’s products (our “Products“), participating in any online features, or otherwise using any of the services and/or programs offered by Davanni’s (collectively, the “Services“).  These Terms are in effect for all of our Products and Services.

These Terms are not applicable to any other web page operated and/or owned by any entity other than Davanni’s, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on our website, at www.davannis.com (collectively, the “Website“).  When visiting these third-party websites or using these third party services, you should refer to the terms and conditions in effect for the applicable owner. You must be at least 18 years old to use the Website and purchase any of our Products.

PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  BY PURCHASING ANY PRODUCTS OR USING ANY SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH DAVANNI’S REGARDING YOUR USE OF THE PRODUCTS AND SERVICES.  BY PURCHASING PRODUCTS OR USING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS, SUCH AS REFUND AND SHIPPING POLICIES, OR RULES FOR A CONTEST OR SWEEPSTAKES, ARE INCORPORATED, AS APPROPRIATE, HEREIN BY REFERENCE.  IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT PURCHASE ANY PRODUCTS OR ACCESS OR OTHERWISE USE ANY SERVICES.

1. USE OF WEBSITE.

(a)   USER CONTENT GUIDELINES.   You are responsible for your use of the Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain conduct that may be harmful to other users or to us. You may not:

1. Violate any law or regulation;
2. Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

iii. Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, discriminatory, or otherwise objectionable;

1. Send unsolicited or unauthorized advertising or commercial communications, such as spam;
2. Use any means to spider, harvest, scrape, crawl, or participate in the use of software, including spyware, to collect data from the Website or Services;
3. Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

vii. Stalk, harass, or harm another individual;

viii. Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

1. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software of underlying code used to provide the Website or Services;
2. Attempt to circumvent any technological measure implemented by us or any of our providers or other third party (including another user) to protect the Website or Services; or
3. Advocate, encourage, or assist any third party in doing the foregoing.

(b)   ACCURATE INFORMATION.  In creating and using your Customer Account, you agree to: (i) provide true, accurate, current, and complete information about yourself and any company or other organization that you represent on any registration form required for the Products or the Services (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your Customer Account and refuse any and all current or future use of your Customer Account, including cancellation of any pending orders.

(c)   NON-TRANSFERABILITY OF CUSTOMER ACCOUNT.  Customer Accounts and usernames are non-transferable, and all customers are obligated to take preventative measures to prohibit unauthorized users from purchasing Products or accessing the Services with his or her username and password.

2. PRIVACY. We know that privacy is very important to you, and it is very important to us as well.  By providing us with your email address and other contact information, you consent to receiving electronic communications from us.  We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.  Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at https://www.davannis.com/privacy-policy/.

3. NOT INTENDED FOR CHILDREN. We do not collect personally identifiable information from any person who we know to be under the age of thirteen (13). Specifically, the Products and Services are not intended or designed to attract children under the age of thirteen (13).  By purchasing Products or using any of the Services, you affirm that you are more than thirteen (13) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  In any case, you affirm that you are over the age of thirteen (13), as THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).

4. INTELLECTUAL PROPERTY.

(a)   The Products, Services, graphics, and design related to our Website contain or include intellectual property that we own, control and/or license.  All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Products and the Services.  No portion of the Products, Services, graphics, and design may be reproduced in any form or by any means, except as provided in these Terms.

(b)   We are the owner or authorized licensee of all trademarks, service marks, and logos used and displayed in or through the Products or the Services.  All trademarks and service marks of Davanni’s, or our affiliates, that may be referred to in or through the Products or the Services are the property of Davanni’s, or one of our affiliates.  Other parties’ trademarks and service marks that may be referred to in or through the Products or the Services are the property of their respective owners.  Nothing in the Products or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Davanni’s, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without Davanni’s prior written permission.  Davanni’s aggressively enforces its Intellectual Property Rights.  Neither the name of Davanni’s, its affiliates, nor any of Davanni’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Products, the Services, or otherwise, without our prior written permission.

5. WARRANTIES.

(b)   All Davanni’s themes are, subject to reasonable limitations, visually consistent and functionally compatible, in all material aspects, across all of the Supported Browsers.  In an instance where certain features or designs are not reasonably feasible due to a Supported Browser’s technical limitations, Davanni’s will use its discretion to implement a reasonable alternative.

6. DISCLAIMERS.

(a)   NO ADDITIONAL WARRANTIES.  EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DAVANNI’S MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK.  THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES.  When using the Products and/or the Services, information will be transmitted in such a way that may be beyond our control.  As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Products and/or Services.

(b)   ADDITIONAL EXCLUSIONS.  DAVANNI’S IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) IMPROPER INSTALLATION OF THE PRODUCT; OR (ii) ANY USE OF THE PRODUCT OR SERVICE FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY DAVANNI’S; OR (iii) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY DAVANNI’S; OR (iv) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (v) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL DAVANNI’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PURCHASED THROUGH OUR WEBSITE OR OTHERWISE.  ADDITIONALLY, WE WILL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF DAVANNI’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  WE WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO DAVANNI’S FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION.  WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER.  REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.  BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.  YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

8. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Davanni’s and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) your use of any Products or Services in a manner other than that intended.

9. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.

(a)   We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Website by framing or other methods (collectively, “Third Party Content”).  In addition, the Website may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”).  We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.  THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE PRODUCTS AND SERVICES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS.  IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b)   If a third party should link to or refer to the Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us.  In most cases, we are not even aware that a third party has linked to or refers to the Services.

10. UPDATES. We may make changes to or stop providing the Products or the Services at any time and without further notice to you.  We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).

11. NETWORK ACCESS AND DEVICES. You are solely responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit through the Services, and we will have no obligation to verify the accuracy of that data. You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

12. TERMINATION OF SERVICE. We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.

13. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Davanni’s irreparable damage for which remedies other than monetary relief may be inadequate.  In such instances, you agree that Davanni’s may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

14. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, the Products and/or Services will be governed by the laws of the State of Minnesota. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Minnesota, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.  Notwithstanding the foregoing, Davanni’s may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Davanni’s through injunctive relief and other equitable remedies without proof of monetary damages.

15. WAIVER OF JURY TRIAL AND CLASS LAWSUITS. With respect to any dispute arising out of or related to the Products, the Services and/or these Terms:  (a) you hereby expressly waive and give up your right to have a trial by jury; and (b) you hereby expressly waive and give up your right to participate as a member of a class of claimants in any lawsuit, including, but not limited to, any class action lawsuits involving any such dispute.

16. LIMITATION ON CLAIMS. You agree that you will not bring a claim under or related to these Terms, any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.

17. SEVERABILITY. If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.

18. WAIVER. If Davanni’s does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Davanni’s has the benefit of under any applicable law), this will not be taken to be a formal waiver of Davanni’s rights and that those rights or remedies will still be available to Davanni’s.

19. SURVIVAL. Sections 4, 5, 6, 7, 8 and 10 through 18 of these Terms will survive any actual or purported termination of these Terms and will continue in full force and effect thereafter.

20. LOCAL LAWS. We make no representation that any Products or Services or other information or materials on or available through our website are appropriate or available for use in jurisdictions outside the United States.  Access to the Products and Services from jurisdictions where such access is illegal or prohibited.  If you choose to access the Products and/or Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

21. EXPORT RESTRICTIONS. All Products, any software and all underlying information and technology that you download or view from or through the Website or in connection with the Services (collectively, the “Software or Technical Data”) may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries.  You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Products and Services and any of our other products or services, including, but not limited to, any Software or Technical Data.  Except as authorized by law, you agree and warrant not to export or re-export any Software or Technical Data to any county, or to any person or entity, subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals.  You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

22. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Policy located at https://www.davannis.com/privacy-policy/.

Your Consent To These Terms 

By purchasing Products and/or accessing and using the Services, you consent to and agree to be bound by the foregoing Terms.  If we decide to change these Terms or any part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Products and the Services.  Your use of the Products and Services following the effective date of any amendment of these Terms will signify your assent to and acceptance of the revised terms for all previously collected information and information collected from you in the future.  If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:

marketing@davannis.com

OR

Davanni’s, Inc
Attention Marketing
4250 Park Glen Rd
St Louis Park, MN 55416

Copyright © 2024. All Rights Reserved.

Effective as of: April 4th, 2024

Last updated: April 4th, 2024