TERMS OF USE

Section I. Introduction.

Welcome to the Giovanni Rana website at https://www.giovanniranausa.com (the “Site”), which is owned and operated by Rana Meal Solutions (“Rana,” “our,” “we,” or “us”). Rana offers this website to the user (“You”), conditioned upon your acceptance, without modification, of all terms, conditions, policies and notices stated in this Terms of Use (collectively, the “Terms”).

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY BEFORE USING THE SITE AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN YOU DO NOT HAVE THE RIGHT TO ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE THE SITE.

By accessing, viewing, downloading or otherwise using the Site, you are deemed to have agreed to the terms and conditions described in this document and any changes to the terms and conditions that we may post on the Site from time to time as well as any other rules, policies and procedures that may be posted from time to time applicable to your use of the Site, each of which is incorporated by reference. These Terms apply to all users of the Site. Your access and use of the Site will be subject to the version of the Terms posted on the Site at the time of use.

Provided you abide by these Terms, Rana grants you a limited non-exclusive, nontransferable, non-sublicensable license to access and make personal use of the Site.

Section II. Privacy.

Rana respects your privacy when browsing our Site. We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into these Terms, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.

Section III. General Terms and Conditions.

Unless otherwise noted and agreed to by Rana in writing, the content on the Site is intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with these Terms and all federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site. You specifically agree not to access, attempt to access (or assist or enable others to access) any of the Services through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).

We grant you permission to use the Site subject to restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Eligibility

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, and (c) have full power and authority to enter into the Terms and in doing so will not violate any other agreement to which you are a party.

User Comments or Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, recipes, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, transmit, publicly display, reproduce, reformat, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third-party.

No unlawful or prohibited use

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

Contests

This Site may, from time to time, contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Content and Intellectual Property Rights

The Site, and all of its contents, including but not limited to photographs, images, illustrations, software, logos, titles, characters, text, names, graphics and button icons (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Rana or by other parties that have provided rights thereto to Rana.

Rana grants you, as a user of our Site, the limited right to display our Proprietary Materials solely on your personal computer or other device used to access the Site, for your personal, non-commercial use, and to copy and download any such Content that is permitted by Rana to be downloaded from this Site, provided that: (i) all copyright and other proprietary notices remain unaltered and intact, and (ii) such displayed, copied or downloaded Content is used solely for your personal, non-commercial, informational use and is not (a) modified, edited, enhanced, altered or changed, or (b) copied, reproduced, republished, posted, retransmitted, broadcast or otherwise distributed by you in any manner whatsoever.

Except as otherwise provided in these Terms or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Trademarks

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

The Trademarks are valuable assets of Rana and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Rana and, as such, may only be used by Rana or other authorized persons or entities for the benefit of Rana and only in connection with the products and services authorized by Rana. 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 Rana, 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 Rana. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Site.

Disclaimer; Limitation of Liability

All reasonable efforts have been made to include accurate and up-to-date information on the Site. However, Rana makes no representations or warranties, express or implied, as to the suitability, reliability, availability, timeliness, completeness or accuracy of any content included on the Site. All such documents, information and content on the Site are provided “as is” without warranty of any kind. The content included in or available through the Site may include inaccuracies or typographical errors. Your use of the internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. While Rana endeavors to protect the personal information you may provide to it, please be advised that the confidentiality of any communication or material transmitted to or from this Site over the internet cannot be guaranteed. Accordingly, Rana is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Moreover, Rana will not be liable for any loss resulting from interruptions or omissions in internet, communications, data processing, network or hosting services. You assume the sole and complete risk of using the Site.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. RANA AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, EMPLOYEES, SUCCESSORS OR ASSIGNS (the “RANA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RANA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE RANA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RANA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RANA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PARAGRAPH WILL ONLY APPLY IF A COURT WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR TO OTHERWISE VIOLATES APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

WAIVER AND RELEASE OF LIABILITY

BY USING THE WEBSITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE RANA, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST RANA FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF RANA AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless the Rana parties from and against any claim or demand, including any and all losses, liabilities, alleged and actual claims, demands, damages, costs or expenses (including reasonable attorney’s fees, personal injury or death), regardless of whether they arise out of or are attributable to any act or omission, negligent, or otherwise, of the Rana Patties or any third party vendor, causes of action, suits, proceedings, judgments, awards, executions, and liens, whether brought by third parties or otherwise, due to or arising out of or in connection with: (a) your use of the Site or content obtained through the Site, (b) your breach or alleged breach of these Terms of Use or the documents that they incorporate by reference, or (c) your violation of any law or the rights of a third party, including, but not limited to infringement of any intellectual property or privacy right of any third party.

The foregoing indemnity obligations will survive any termination of the Terms. This indemnification provision shall apply to third party claims as well as claims between you and the Rana Parties under these Terms. Rana reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Rana. Rana will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Termination

We may terminate or suspend your access to the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately. In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.

Governing Law; General Information

These Terms of Use, the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of Illinois and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Cook County, Illinois, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. We do not represent that materials on the Site are appropriate or available for use in other locations or that we comply with the local law of such other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Applicable Law section.

You agree that the laws of the State of Illinois, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Rana as a result of this agreement or use of the Site. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of ours.

Entire Agreement

These Terms of Use, our Privacy Policy and any other policies posted by us on this Site constitutes the entire agreement and understanding between you and us with respect to the Site and supersedes all prior or contemporaneous communications and understandings (whether oral, written or electronic) between you and us with respect to those matters (including, but not limited to, any prior versions of the Terms of Use).

Changes to the Terms of Use

We may update and post revisions to these Terms from time to time and will update the Effective Date when we do so. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We also encourage you to review our Privacy Policy for the latest information about our privacy practices.

Contact Us

Please feel free to contact us via one of the methods described on our Contact Us page at the bottom of the Site, send a letter to Rana Meal Solutions LLC, 1370 Brewster Creek Blvd., Bartlett, IL 60103 or call us at 888-326-2721.

Last Revised: 27/09/2023
Effective Date: 27/09/2023