Terms of Use
Privacy Policy
This Zanotto’s Markets Privacy Policy (the "Policy") was developed by (corp. name) , a California corporation (including Zanotto’s Family Market, Zanotto’s Willow Glen Market, Zanotto’s Sunnyvale Market and Zanotto’s Express),as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our valued customers, and the companies, businesses and organizations they represent (collectively, "you").
IF YOU DO NOT AGREE TO THE POLICY, YOU SHOULD NOT USE THIS INTERNET WEBSITE (THE "WEBSITE"). ZANOTTO’S MARKETS MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. CONTINUED USE OF THE WEBSITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. INFORMATION. Zanotto’s Markets obtains information from and about you in a number of different ways, including:
A. General Information. Some information ("General Information") is gathered automatically when you access the Website. This General Information (which includes Website pages visited, type of web browser used, type of operating system, the domain name of your Internet service provider, and similar information) does not identify you personally.
B. Personal Information. Some information ("Personal Information") is not gathered automatically when you access the Website and instead is provided by you voluntarily. Personal Information is information that is identifiable as yours, and may include without limitation your name, address, telephone number, email address, and other personal information to verify your identity, as well as financial information such as your credit card number. You must provide Personal Information to Zanotto’s Markets if you wish to purchase gift cards or other items, or if you wish to receive coupons, newsletters or other information.
The following are some of the kinds of Personal Information you may choose to provide:
(i) Third Party Information. When you register at a third party website, and provide Personal Information to such third parties, Zanotto’s Markets may (pursuant to agreements between Zanotto’s Markets and those third parties) obtain such information to populate Zanotto’s Markets registration forms for use when you hyperlink to the Website; and
(ii) Email Information. When you send Zanotto’s Markets email messages or call Zanotto’s Markets by telephone, Zanotto’s Markets may retain the content of your email or telephone messages, together with your email address and Zanotto’s Markets response to you.
C. Cookies. Cookies are small pieces of data that are stored by a user's web browser on the hard drive of a user's computer. Cookies can "remember" what information ("Cookie Information") a user accesses on a website to simplify subsequent interactions with that website by the same user, or can use that Cookie Information to streamline the user's transactions on related websites. The Cookies Zanotto’s Markets uses on the Website may be "session" Cookies that are erased when you leave the Website, or may be "persistent" Cookies that remain on your computer's hard drive after you leave the Website.
D. Hyperlinks. The Website contains hyperlinks to third party websites, including those to one (1) or more third-party referral websites. This Policy applies only to General Information, Personal Information and Cookie Information, and does not apply to information collected at such other websites. Zanotto’s Markets is not responsible for the privacy practices of such other websites, and you understand and agree that those privacy practices may be significantly different than those stated in this Policy.
2. GENERAL USE AND DISCLOSURE OF INFORMATION. Zanotto’s Markets uses and discloses your information as follows:
A. General Information. Zanotto’s Markets uses and discloses General Information to understand Website demographics and content preferences, and shall do so without notice to, or permission from, you or any third party. In particular, Zanotto’s Markets may provide aggregate information about Zanotto’s Markets customers, sales, Website traffic patterns and related information to Zanotto’s Markets affiliates or third parties;
B. Personal Information. As further provided in SECTION 3 ("OTHER USE AND DISCLOSURE OF PERSONAL INFORMATION"), Zanotto’s Markets uses Personal Information solely for purposes of administering Zanotto’s Markets business activities, providing customer service and making available coupons and other products and services to you and other Zanotto’s Markets customers and prospective customers, and does not sell or rent this information to any third parties other than those who are administering the website and mailing list as an agent of Zanotto’s Markets This may include focused advertising, online banner advertisements, new services, promotions and other responses to you. Zanotto’s Markets discloses your Personal Information only as described in Section 3 of this Policy. Zanotto’s Markets may also use Personal Information to notify you about important changes to the Website or Gene’s business, new Zanotto’s Markets services and special offers you may find valuable.
C. Cookie Information. Zanotto’s Markets uses Cookie Information to improve the Website and better serve you and Zanotto’s Markets other customers, and may do so without notice to, or permission from, you or any third party.
3. OTHER USE AND DISCLOSURE OF PERSONAL INFORMATION. Zanotto’s Markets may use and disclose your information when legally compelled to do so, or when Zanotto’s Markets, in good faith, believes that the law requires it or for the protection of Zanotto’s Markets legal rights or those of a third party. Zanotto’s Markets does not otherwise use or disclose your Personal Information except as follows:
(i) Zanotto’s Markets may use your Personal Information and disclose your Personal Information: (a) in the course of providing services to you; (b) to law enforcement; (c) to a representative of a payment verification service, financial institution or credit card company only when you have authorized such disclosure; or (d) to third party service providers, such as administrators of Zanotto’s Markets mailing list;
(ii) Zanotto’s Markets may use and disclose your Personal Information: (a) in connection with the sale, purchase, merger or reorganization of Zanotto’s Markets; or (b) when Zanotto’s Markets believes it is necessary to protect the rights, property or safety of Zanotto’s Markets or other persons, or to comply with a judicial proceeding, court order or legal process served on Zanotto’s Markets;
(iii) Zanotto’s Markets may use and disclose your Personal Information to notify you about changes to the Website or Zanotto’s Markets business, or new Zanotto’s Markets services and special offers you may find valuable; and
(iv) Any Personal Information you provide may also be collected by Zanotto’s Markets merchandise and service suppliers in order to process, bill and fulfill your orders.
Zanotto’s Markets DOES NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES, OR USE YOUR PERSONAL INFORMATION OTHER THAN AS DESCRIBED IN THIS POLICY.
4. SECURITY STANDARDS. The security of your Personal Information is important to Zanotto’s Markets All Personal Information is encrypted using certain secure socket layer ("SSL") technology or other applicable tools. If you have any questions about security of your Personal Information or the security on the Website, you can send Zanotto’s Markets an email at info@zanottos.com. Zanotto’s Markets expressly disclaims any promise or representation, express or implied, as to the company's security measures regarding Personal Information.
5. OPT OUT. If you have so agreed on the Website, you may receive marketing messages and materials from Zanotto’s Markets, including without limitation a "welcome" email and subsequent newsletters and other emails. If you do not wish to receive such messages or materials, you may notify Zanotto’s Markets of your preference by following the instructions included in each communication, by emailing info@zanottos.com, or by contacting Zanotto’s Markets at (408-264-0103), or by regular mail at: Zanotto’s Markets Customer Service, Zanotto’s Markets 1421 Foxworthy Ave. San Jose, CA 95118
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6. CHILDREN'S PRIVACY. The Website is not intended for the use by anyone under the age of eighteen (18). Zanotto’s Markets does not knowingly solicit and does not wish to receive any information from children.
7. ACCESS TO PERSONAL INFORMATION. If you would like to review your Personal Information, contact Zanotto’s Markets at info@zanottos.com), or call (408 264 0103). If you need to make changes to, but not purge, your Personal Information, you may do so by calling Zanotto’s Markets. Customer Service at (408 264 0103), or by mail sent to Zanotto’s Markets Customer Service, Zanotto’s Markets, (1421 Foxworthy Ave. San Jose, CA 95118).
You hereby agree that Zanotto’s Markets may use and disclose any suggestions, ideas, concepts or information (other than your Personal Information) that you provide to Zanotto’s Markets regarding this Policy, Zanotto’s Markets business or any other matter, without obligation to you or any third party.
8. MERCHANT SERVICES. You may be able to access certain information related to third parties at the Website, or via hyperlinks, banner ads, or "click-throughs" from the Website, regarding the goods or services of third parties (collectively, "Merchant Services"). You understand and agree that your access to or use of Merchant Services is a matter entirely between you and the associated third parties, and Zanotto’s Markets shall have no liability whatsoever for any such access or use.
9. ASSIGNMENT. Zanotto’s Markets may assign this Policy, in whole or in part, to any third party without notice to or permission from you or any third party.
Zanotto’s Markets and the Zanotto’s Markets logo are trademarks of Zanotto’s Markets, a California corporation, and may not be used without prior written permission.
If you have any questions or comments about Zanotto’s Markets or this Policy, you may contact Zanotto’s Markets at:
Zanotto’s Markets
1421 Foxworthy Ave
San Jose, CA 95118
408-264-0103
User Agreement
This Zanotto’s Markets User Agreement ("Agreement") is between Zanotto’s Markets California corporation (including Zanotto’s Family Market, Zanotto’s Willow Glen Market, Zanotto’s Sunnyvale Market and Zanotto’s Express) and the person, or the entity represented by the person, who is using this website ("Website"), referred to as "you," "your" or "yours." This Agreement describes the terms under which you may use this Website. By continuing on with this Website via reading its content and clicking through its pages, you are agreeing to comply with and be bound by all the terms of this Agreement.
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YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE. YOU FURTHER REPRESENT THAT YOU RESIDE IN THE UNITED STATES OF AMERICA, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
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ZANOTTO’S MARKETS MAY CHANGE THIS AGREEMENT INCLUDING ZANOTTO’S MARKETS PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES ON THE WEBSITE. ZANOTTO’S MARKETS SHALL POST SUCH CHANGES AT LEAST THIRTY (30) DAYS BEFORE SUCH CHANGES BECOME EFFECTIVE, UNLESS SUCH CHANGES ARE IN RESPONSE TO A CHANGE IN LAW, JUDICIAL ORDER, OR AN URGENT CHANGE IN ZANOTTO’S MARKETS BUSINESS, IN WHICH CASE A SHORTER PERIOD MAY APPLY. YOU AGREE TO REVIEW THIS AGREEMENT INCLUDING ZANOTTO’S MARKETS POLICY FREQUENTLY IN ORDER TO NOTIFY YOURSELF OF SUCH CHANGES. YOU UNDERSTAND AND AGREE, HOWEVER, THAT YOU SHALL BE BOUND BY ALL SUCH CHANGES, IF ANY, REGARDLESS OF WHETHER YOU ACTUALLY RECEIVE SUCH NOTIFICATION.
ARTICLE I. USE OF THE WEBSITE.
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A. Content and Trademarks. The Website contains many features, including the capability to download certain artistic and photographic content ("Content"), and also artwork containing Zanotto’s Markets trademarks and service marks ("Trademarks"). Zanotto’s Markets. allows you to download such Content and Trademarks only as follows, and under no other terms, express or implied:
1. Content. Content may be downloaded only in the following capacity: (A) you are a writer, blogger or journalist; or (B) you are an educator or student. In each case, you may use and distribute Content solely: (X) in or together with articles or other materials created by you, and in no event separately; (Y) in or together with educational or academic materials created by you, and in no event separately; and (Z) with proper identification, notices and ownership attribution as required by Zanotto’s Markets.
2. Trademarks. You may download Trademarks only if: (A) you are a writer, blogger or journalist; or (B) you are an educator or student. In each case, you may use the Trademarks: (X) in or together with articles or other materials created by you, and in no event separately; (Y) in or together with educational or academic materials created by you, and in no event separately; and (Z) with proper identification, notices and ownership attribution as required BY Zanotto’s Markets. Vendors who seek use of the Zanotto’s Markets logo should contact the Zanotto’s Markets Marketing Department. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT USE THE TRADEMARKS ON OR WITH ANY GOODS OR SERVICES, AND SHALL NOT USE THE TRADEMARKS TO INDICATE THE SOURCE OF ANY GOODS OR SERVICES. YOU FURTHER AGREE NOT TO ALTER THE TRADEMARKS IN ANY WAY – FOR EXAMPLE, BY CHANGING THE COLORS OR DIMENSIONS OF THE ZANOTTO’S MARKETS LOGO. If so required by Zanotto’s Markets, you shall use the Trademarks only together with such notices of ownership as Zanotto’s Markets may from time to time require, including without limitation the ® or the ™ symbols.
3. Scope. You understand and agree that the rights granted herein are fully revocable by Zanotto’s Markets upon notice. If Zanotto’s Markets revokes your rights, or terminates this Agreement, your rights with respect to Content and Trademarks are hereby immediately terminated. In such case, you shall immediately cease any use, copying or distribution of the Content or Trademarks, you shall promptly remove Content and Trademarks from any materials in your possession or control, and you shall promptly confirm to Zanotto’s Markets in writing that you have done all of the foregoing.
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ARTICLE II. LIMITATIONS.
Your use of the Website must conform to the following:
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A. You will not redistribute any part of the Website or any materials appearing on or visible through the Website (including without limitation any Content or Trademarks), except as otherwise expressly permitted by this Agreement.
B. You will not change, remove or add to any part of the Website.
C. You agree that your use of the Website shall be for your own personal, non-commercial use, except as otherwise expressly permitted by this Agreement.
D. Unless you operate a legitimate internet search engine, you agree not to use or launch any automated system, including without limitation, "robots," "spiders," or other automated programs to access the Website. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Website.
E. You agree that Zanotto’s Markets may add to, delete from or modify the Website at any time without notice and without permission from you or any third party.
F. You agree that the Content and Trademarks are owned by or licensed to Zanotto’s Markets, subject only to the rights expressly granted to you in this Agreement. There are no implied rights or licenses in this Agreement.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, and you will not impersonate any third party or interfere with any third party's use of the Website.
H. You understand and agree that when using the Website you may be exposed to information from a variety of sources, and that Zanotto’s Markets is not responsible for the accuracy, content, usefulness, safety, or intellectual property rights of or relating to such information. You agree to defend, indemnify and hold harmless Zanotto’s Markets, its officers, directors, employees and agents, from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys' fees) arising from or related to: (i) your use of and access to the Website; (ii) your violation of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property or privacy right. This defense and indemnification obligation will survive the expiration or termination of this Agreement.
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ARTICLE III. CONTENT AND DMCA.
A. Terms of Use. Zanotto’s Markets may terminate this Agreement and your access to the Website at any time and for any reason or no reason.
B. The Digital Millennium Copyright Act (DMCA).
1. Notices. If you are a copyright owner or an agent thereof and believe that any portion of this Website (including any Content) infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Zanotto’s Markets Copyright Agent (identified below) with the following information in writing:
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a. A signature (physical or electronic) of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are the subject of a single notification, a representative list of such works at the Website;
c. 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 Zanotto’s Markets to locate the material;
d. Information (such as an address, telephone number or email address) to permit Zanotto’s Markets to contact you;
e. A statement that you have 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
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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2. Copyright Agent. The designated Copyright Agent to receive notifications of claimed infringement for Zanotto’s Markets is: info@zanottos.com. Only claimed infringement notifications may be sent to the Copyright Agent.
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C. Hyperlinks. This Website may provide hyperlinks to other websites or resources over which Zanotto’s Markets does not have control. Such hyperlinks are subject to Zanotto’s Markets privacy policy. You may provide hyperlinks to this Website from your own website as long as you do not use any Zanotto’s Markets trademarks, and do not hyperlink to this Website by any means that gives visitors to your own website the impression that you are hyperlinking to pages that are within your own website, or that Zanotto’s Markets endorses your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a hyperlink on your website to this Website and then hyperlink somewhere else. You may not "frame" any portion of the Website or present any portion of the Website as belonging to you or any third party.
ARTICLE IV. CONDUCT.
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You understand and agree that perfect security does not exist anywhere, and you will therefore protect your personal information in a reasonable way at all times.
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ARTICLE V. TERM.
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The term of this Agreement will continue until terminated by you or Zanotto’s Markets. You or Zanotto’s Markets may terminate this Agreement at any time and for any reason or no reason.
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ARTICLE VII. PRIVACY POLICY.
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Zanotto’s Markets privacy policy is hereby incorporated by reference into this Agreement. You should read the privacy policy and stay familiar with its terms.
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ARTICLE VIII. LIMITATION OF LIABILITY.
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IN NO EVENT SHALL ZANOTTO’S MARKETS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZANOTTO’S MARKETS UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED FIVE HUNDRED DOLLARS ($500). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
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ARTICLE IX. ARBITRATION, JURISDICTION AND VENUE.
A. Arbitration. You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement shall be settled by confidential arbitration in Santa Clara, California, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any State or Federal court. The cost of the arbitrator shall be shared equally, and all other expenses of arbitration will be paid by the party who incurred them. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
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B. Jurisdiction and Venue. This Agreement provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to Section IX(A) (which provides for arbitration of claims between you and Zanotto’s Markets to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of California for any dispute or litigation arising out of, or relating to, the use of this Website, and you waive any objection to the laying of venue of any such litigation in California courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; in other words, if you and Zanotto’s Markets have a dispute, you agree to resolve it in an California court. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
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ARTICLE X. DISCLAIMER.
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ZANOTTO’S MARKETS PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. Zanotto’s Markets HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE.
ARTICLE XI. GENERAL.
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Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission Zanotto’s Markets Any purported assignment without such permission shall be void. This Agreement may be assigned by Zanotto’s Markets in whole or in part without notice. Any waiver of any rights of Zanotto’s Markets under this Agreement must be in writing, signed by Zanotto’s Markets, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold Zanotto’s Markets (and Zanotto’s Markets officers, directors, agents, subsidiaries, joint ventures, licensees and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in California; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Zanotto’s Markets, either specific or general, in jurisdictions other than California.
YOU AND ZANOTTO’S MARKETS AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Zanotto’s Markets and the Zanotto’s Markets logos are trademarks of Zanotto’s Markets, a California corporation, and may not be used without prior written permission. If you have any questions or comments about Zanotto’s Markets or this Agreement, you may contact Zanotto’s Markets at:
Zanotto’s Markets
1421 Foxworthy Ave
San Jose, CA 95118
408 264 0103