Terms & Conditions

Welcome to the newly revamped Citarella.com website!

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE.

The TOS relate to the Citarella.com website (the “Website”), an Internet property of Citarella Operating, LLC (collectively “Citarella,” “us” “our,” or “we”) and are owned by us. By continuing to access, link to, or use this site, or purchase any product or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED HEREINBELOW.

General Terms.

These TOS set forth the legal terms and conditions governing your use of our website located at www. Citarella.com (“Citarella”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Citarella reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. For changes to these TOS that we deem material, we will place a notice on http://www.citarella.com/ by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Citarella and shall be of no force or effect.

Descriptions of Products and/or Services.

At the Website, you can purchase Citarella goods and/or services, send us feedback via e-mail or by completing a survey and/or partaking in raffles. By submitting your information to the Website in this regard, you can provide us with information necessary to best serve you. We may, in our sole discretion, contact you about our house account services and concerning your feedback from your e-mails or the survey. The survey form contains informational fields to be completed by you and subsequently submitted to us. We want to hear from you! Don’t be shy!

We strive for accuracy when it comes to describing our products and/or services. However, we do not and cannot warrant that product and/or service descriptions or other content contained on the Website are entirely accurate, complete, reliable, current, or error-free. If you find a product and/or service is not as described, your sole remedy is to return it in unused condition, but first, please e-mail us at help@citarella.com. Other than Citarella-branded products, the product information provided at the Website is supplied by our wholesalers or distributors. Since we do not control our wholesalers or distributors, we cannot take responsibility for instances where the product information contained on our product labels differs from the product information described at the Website. For similar reasons, we do not and cannot warrant that the product information supplied by our wholesalers and/or distributors is complete, precise or current. As a result, we suggest that you simply make it routine to read product labels anytime you purchase a product whether online or at one of our stores. Citarella cannot and does not take responsibility for any misrepresentations or errors about products supplied by our wholesalers and/or distributors.

Product Pricing.

We have been doing this for over 100 years! What separates Citarella from the rest is that we custom-order, custom-select, and custom-cut your perishables. We pride ourselves in offering you the finest and freshest quality. We bring in fresh product daily and hand pick, cut and package your perishable product to order. For instore purchases, the pricing of perishable items is by the pound and based on an estimated weight and the final price at time of checkout is estimated. At the time of preparing your in-store order we weigh the actual items and charge you the true weight of items sent to you. For online orders, we currently have fixed pricing and accept payment via your credit card on the day your order is shipped. For online or in-store purchases, Citarella accepts Visa, MasterCard, Discover and American Express, exclusive of sales tax. Please do not send credit card or other payment information via e-mail. Citarella’s secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Additionally, from time to time, we may post pricing information concerning our products. Once you complete our checkout process however, your price, or price per pound/ounce as the case may be, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. While we strive to provide accurate pricing information, there is always the chance that pricing or typographical errors may occur. In those circumstances, we will use reasonable efforts to contact you. Your credit card will not be charged and in the unlikely event your credit card is charged the wrong price, we will reverse that charge as quickly as possible and re-charge you the correct price. Furthermore, while we use best efforts to provide you with great values on the Website and in our stores, sometimes a price online does not match the price in one of our stores. Therefore, there may be instances where store pricing will sometimes differ from online prices.

Product Availability.

Fresh product availability depends on seasonality, market availability, and quality. If an item is not available or does not meet our high standards then we will substitute it with an equal item. We will make every effort to contact you to let you know. At Citarella, we offer our customers the finest and freshest product for the best value. Certain items may be priced differently depending on location. We receive fresh products every day to assure you the highest quality. At the present time, you can order or purchase only selected products from us on our Website. Not all products sold in our store locations are sold on our Website and prices may vary between our various store locations and our Website.

Registration and Account Creation.

As part of the registration and account creation process necessary to obtain access to certain portions of the Website, you will select a username and a password. You will provide Citarella with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that Citarella, in its sole discretion, deems offensive or inappropriate. Citarella reserves the right to deny creation of your account based on Citarella’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Citarella by submitting “Feedback” of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Website. Citarella reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. Notwithstanding anything else herein, Citarella reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Website at any time and certify that you currently have no other account(s) with the Website. 

Health Information.

We want our customers to be safe and healthy when consuming our products. Generally speaking, consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illness, especially if you have a medical condition. All products are made in a facility that processes wheat, eggs, nuts, milk, and soy. Furthermore, the above-referenced website link and any materials related to health information are provided for educational purposes only. Some of this content comes from third parties and unless specifically stated, Citarella does not vouch for the correctness of such information. While we work to ensure that product information is correct, on occasion manufacturers or distributors may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Website. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. Content on our Website are for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our Website or on any third-party websites accessed through our Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem.

Product Quantity Limits & Resales.

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to resellers. For purposes of the TOS, reselling shall be defined as purchasing or intending to purchase any products from us for the purpose of engaging in a commercial sale of that same products with a third party.

Citarella Customer Satisfaction Guarantee.

All of our products and services are backed by a 100% customer satisfaction guarantee. We want to make sure that our customers receive the freshest and highest quality foods. If you are at all dissatisfied with your order, please contact us as soon as possible at help@citarella.com. Please hold on to your order and don’t discard any items until we’ve contacted you. It would be very helpful if you would take photos of packaging and product so that we may better serve you. If you are dissatisfied for any reason, we want to make it right. Citarella may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher. If we are temporarily out of stock on a particular item, we will substitute a similar product of equal or greater value to meet your requested delivery date. In compliance with the terms of our Privacy Policy, we will use commercially reasonable efforts to contact you by e-mail or phone if there are any backorders or problems with your order, so please make sure to provide us with accurate contact information. If we are not able to fulfill a portion or your entire order, we will refund that amount to your original form of payment.

Cancellation & Refund Policy.

In order to change or cancel your account, please sign in to your account and email us to cancel. [RS1] We reserve the right to issue produce and/or service refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Intellectual Property.

This Website, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this site, are owned by or licensed by Citarella or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You agree to protect the proprietary rights of Citarella and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by Citarella or its suppliers and licensors of content, food, beverages, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Website. You agree to notify Citarella in writing promptly upon becoming aware of any unauthorized access or use of the Website by any individual or entity or of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the “Intellectual Property Rights”) shall, as between you and Citarella, at all times be and remain the sole and exclusive property of Citarella. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to Citarella for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without Citarella’s prior written approval.

Restrictions on Website Use.

You may not use the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree not to use, transfer, distribute, or dispose of any information contained in the Website in any manner that could compete with the business of Citarella or any of its suppliers. Except as expressly permitted by Citarella in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Website, except that you may download material from the Website and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Website without Citarella’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Website in any manner without the prior written consent of Citarella or such third party that may own the Website or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Website other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Website. You agree to report any violation of the TOS by others that you become aware of. You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that: (i) is promotional in nature without the prior written authorization of Citarella, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose. You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Citarella in any manner which creates the impression that such items belong to or are associated with you or are used with Citarella’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website. You may neither obtain nor attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You shall not violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Citarella, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other Website information without the prior express written consent of Citarella. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

License.

You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the TOS. 

Disclaimer and Limitation of Liability.

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE, ANY PRODUCTS AND/OR SERVICES PURCHASED FROM THE WEBSITE, AND/OR ANY CONTENT OR ADVERTISEMENTS LOCATED AT THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT CITARELLA MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. CITARELLA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. CITARELLA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CITARELLA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. Citarella does not warrant that the Website is compatible with your equipment or that the Website, or e-mail sent by Citarella or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Citarella and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Citarella, its parent, subsidiaries, or its respective affiliates, suppliers, agents, directors, officers, employees, representatives, successors, and assigns, or otherwise arising in connection with the Website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Citarella by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other Websites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Website is not maintained or controlled by Citarella. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site and Citarella is not responsible for the availability, content, or accuracy of other Websites, services, or goods that may be linked to, or advertised on, the Website. Citarella does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the Website; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Website. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Citarella is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Website. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CITARELLA, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF CITARELLA HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE WEBSITE, USE OF OR INABILITY TO USE THE WEBSITE OR ANY LINKS OR ITEMS ON THE WEBSITE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CITARELLA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING PRODUCTS AND/OR SERVICES AT THE SITE, IF ANY. 

Your Authority to Agree to this TOS.

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

Indemnification.

You agree, at your own expense, to indemnify, defend and hold harmless Citarella, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Website, or any links on the Website, including, but not limited to: (i) your use or someone using your computer’s use of the Website; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Website by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Citarella reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Citarella in asserting any available defense. You acknowledge and agree to pay Citarella’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Citarella under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Citarella pursuant to the TOS.

Termination.

You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Website. You agree that, without notice, Citarella may terminate the TOS, or suspend your access to the Website, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Citarella if you, in Citarella’s sole discretion, fail to comply with any provision of the TOS. Citarella shall not be liable to you or any third party for the termination or suspension of the Website, or any claims related to the termination or suspension of the Website. Upon termination of the TOS by you or Citarella, you must discontinue your use of the Website. Citarella will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Citarella.

Non-United States Residents & Jurisdictional Issues.

Citarella operates this site in the United States. Citarella makes no representation that the Website, including products and/or services offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This site is controlled and operated by Citarella from its offices within the State of New York, United States. Citarella makes no representation that materials in this site are appropriate or available for use in other locations.

Governing Law.

The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the TOS.

Miscellaneous.

You accept that Citarella has the right to change the content or technical specifications of any aspect of the Website at any time in Citarella’s sole discretion. You further accept that such changes may result in your being unable to access the Website. The failure of Citarella to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. 

General Provisions.

This TOS shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any dispute relating in any way to your visit to or participation on the Website shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this TOS shall be conducted under the rules then prevailing of the National Arbitration and Mediation (NAM). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS shall be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Should any part of this TOS be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this TOS, this TOS shall take precedence. Our failure to enforce any provision of the TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Citarella may assign its rights and duties under this TOS to any party at any time without notice to you.

Headings.

The section titles in the TOS are used solely for the convenience of you and Citarella and have no legal or contractual significance.

Entire TOS.

The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Citarella, govern your use of the Website, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Citarella’s written authorization.

Electronic Signatures & Electronic Records.

By submitting your information and agreeing to the terms of this TOS, you understand and affirm that you are agreeing to be bound by this TOS and all other agreements and terms and conditions found on the Website by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an electronic signature to accept electronic records regarding the products and services located at our stores and/or offered by our Website, including, but not limited to, this TOS. You further agree and consent: (i) to receive agreements, surveys, and other information that may be provided or otherwise available to you electronically. Included in those agreements, surveys, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this TOS; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and e-mail application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and e-mail applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, surveys and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at help@citarella.com; (vi) you may obtain a paper copy of the agreements, surveys, and other information at anytime by contacting us by e-mail at help@citarella.com. We will not charge a fee for any paper copy.

Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):

If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

a. Your name, address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of where the alleged infringing material is located;

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Trademark Notice:

Citarella is a trademark and service mark of Citarella, or its subsidiaries. All rights reserved.