Terms of Service

Welcome to Gutrwgr and our Terms of Use (hereinafter referred to as "these Terms"). These Terms are important and may affect your legal rights. Please read them carefully.

By (a) accessing or using the website, mobile application, or blog (collectively, the “Site”) provided by or on behalf of Gutrwgr, LLC, its owner-related entities, or other affiliated companies (collectively, “Gutrwgr,” “we,” “us,” or “our”), you agree to be bound by the following Terms in full: (1) using, accessing, or visiting the Site; (2) purchasing or receiving food and any goods or services offered through the Site, including, but not limited to, Gutrwgr’s subscription services as defined in Section 5.1 (“Products”); (3) listening to, accessing, or viewing any text, audio, video, graphic, or other content on the Site (“Content”); (4) accessing links or viewing Gutrwgr’s social media pages or accounts on third-party social media sites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); and (5) purchasing, redeeming, or registering to receive or send Rastelli Food gift cards, gift certificates, and vouchers (including, for purposes of these Terms, the electronic version of each gift card, gift certificate, and voucher). Please read these Terms carefully, especially Section 5.2, which details the automatic renewal terms, and Section 22, which relates to disputes and arbitration. If you do not agree to these Terms in their entirety, you may not access or otherwise use the Site or any information or materials contained therein.

Your use of the Site constitutes your agreement to be bound by the following terms. By accepting this Agreement, you agree to all of its terms, whether or not you have read them.

These Terms of Use apply to all subscriptions, orders, purchases, and sales, whether made through the Site, email, fax, telephone, in person, or by any other means of transmission.

We continually test new features, services, options, plans, user interfaces, products, and other features that we are considering developing, adding, or integrating into our Site or products (collectively, "Beta Features"). We reserve the right, to the fullest extent permitted by applicable law, to include or exclude you from these beta tests at our sole discretion without prior notice, and we reserve the right to terminate or modify any Beta Feature at any time, for any reason or no reason, without prior notice, and without liability.

Gutrwgr reserves the right to change or modify these Terms at any time, in its sole discretion. If we change these Terms, we will notify you by sending an email notification, posting a notice on the Site, or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Site or ordering, receiving, or using Products, you confirm your acceptance of the revised Terms and all terms incorporated by reference. We encourage you to review these Terms frequently to ensure you understand the terms and conditions that apply to your access or use of the Site or ordering, receiving, or using Products. If you do not agree to the revised Terms, you must not access or use the Site or order, receive, or use Products.

These Terms do not in any way alter the terms or conditions of any other agreement between you and us regarding any products, services, or other matters. If you are using the Site on behalf of any individual or entity, you represent and warrant that you are authorized to accept these Terms on that individual's or entity's behalf and that that individual or entity agrees that we will be liable for any breach of these Terms by you or that individual or entity.

1. About Us Gutrwgr, LLC is a limited liability company registered in the State of California with the following address:

14124 Lambert Rd, Whittier, CA 90605

2. Service Availability and Your Status

The Site, Services, and Products are intended for personal use within the United States. We do not currently accept orders from individuals outside the United States. Therefore, by placing an order through the Site, you warrant that: (1) you have the legal capacity to enter into these Terms; (2) you are 18 years of age or older; (3) you are a resident of the United States; and (4) you are accessing the Site from a jurisdiction subject to the jurisdiction of the United States.

3. Site Use/Comments and Feedback

All content on the Site is for personal, non-exclusive, and non-commercial use only. You may access, view, download, print, or copy the Content solely for your personal, non-commercial use; provided, however, that you (1) do not remove all copyright, trademark, or other proprietary notations contained in the Content; (2) do not modify or alter the Content in any way; and (3) do not make the Content available to any third party or enable any third party to use the Content. Your use of the Site does not transfer any right, title, or interest in any content viewed, copied, or downloaded to you. Except as provided above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works, or otherwise exploit the content or the Site without Rastelli's prior written permission.

Gutrwgr may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any feature on the Site, at any time, without notice. Rastelli's also reserves the right to block or deny access to the Site to anyone at any time and for any reason.

All comments, feedback, reviews, ratings, recommendations, feedback, images, suggestions, ideas, and other submissions you disclose, submit, or offer to Gutrwgr on the Site, on social media, or otherwise (collectively, "Comments") shall be and remain the property of Gutrwgr and may be used for any purpose, including commercial purposes. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Gutrwgr of all worldwide rights, title, and interest in and to all copyrights and other intellectual property rights in such Comments. Gutrwgr assumes no obligation to maintain any Comments in confidence or to pay any compensation to users for any Comments. You agree that any Comments you submit to Gutrwgr will not infringe any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for the content of any Comments you make.

4. Registration/Account/Communication Preferences

To access and use certain areas or features of the Website or to obtain a subscription, you will need to register for a Gutrwgr account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update your account information as necessary, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party authorized to access or use the Website on your behalf, and (e) immediately notify us if you discover or suspect any security breach related to the Website or your account. You further understand and agree that Gutrwgr may take any action we deem reasonably necessary to prevent, respond, investigate, or remedy suspected or actual fraud and abuse, including but not limited to terminating or suspending your account.

By creating a Gutrwgr account, you consent to receive electronic communications from Gutrwgr (e.g., via email or notices posted on the Site). These communications may include notices regarding your account (e.g., payment authorizations, password changes, and other transactional information) and form part of the relationship between you and us. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should retain a copy of any electronic communications we send you by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think you may find interesting. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in the email.

By providing us with your telephone number (including a mobile number) through the Site or when you order, receive, or use our products, you consent to receive calls or text messages, including autodialed calls and/or text messages, from or on behalf of Gutrwgr for marketing, promotional, operational, or transactional purposes, such as updates on the delivery status of our products you ordered. You may opt out of receiving marketing and promotional calls or text messages by following the applicable opt-out instructions provided to you. After opting out, you may continue to receive calls or text messages for a short period while Gutrwgr processes your request. You are responsible for keeping your account information, including your phone number, up to date. Standard message and data rates applied by your mobile phone carrier may apply to text messages we send you. Please contact your mobile phone carrier for details.

5. Service

Gutrwgr Subscription Service. Our Subscription Service is an automatic subscription service for Gutrwgr products that recurs every two, four, six, or eight weeks ("Subscription Service" or "Service"). We may update the frequency and content of subscriptions at any time in our sole discretion. As part of the Service, we offer a variety of subscription options ("Plans"). Depending on the Plan, you will receive a package from Gutrwgr (your "Package"). You can review the specific details of your Plan by accessing your account information through the Website.

· Automatic Renewal Feature. A Subscription Service consists of an initial fee and subsequent recurring fees to which you agree. By entering into this Agreement, you acknowledge that your subscription features both an initial payment and recurring payments, and you agree to be responsible for all recurring charges until you cancel your subscription. Gutrwgr may charge you recurring fees (e.g., biweekly, monthly) without further authorization from you until you provide prior notice (following the cancellation procedures in Section 15) that you wish to terminate this authorization or change your payment method. Such notice will not affect charges already submitted before Gutrwgr reasonably takes action. To terminate this authorization or change your payment method, please log in to your Gutrwgr account, email Support@gutrwgr.top, or call +1 562-693-8989. If your payment information changes, your card issuer may provide us with updated payment information. We reserve the right to use this updated information for future charges to prevent interruptions in service.

Furthermore, by signing up for our subscription service, you agree to pay recurring fees indefinitely until either you or we cancel/terminate your subscription. Subscription terms will be as specified in the application form you complete, subject to change as provided in this section. You may cancel your subscription at any time, but only within the applicable Cancellation Notice Period (as defined in Section 15). You will not be charged any cancellation fees. You may resubscribe at any time after cancellation, but we reserve the right not to allow resubscription if we have previously chosen to terminate your subscription.

Furthermore, after your initial subscription period, your subscription will automatically renew for the same renewal period at the then-current non-promotional subscription price you agreed to. You may cancel your subscription by logging into your account or emailing us at Support@gutrwgr.top and we will process your cancellation. The complete cancellation process is detailed in Section 15 of these Terms. If you cancel your subscription, your subscription will not renew and you will not receive any subsequent shipments. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

6. Pricing

All prices on our website are displayed in U.S. dollars and are subject to applicable taxes and other fees. Gutrwgr will confirm the price of your selected items after you place an order. While Gutrwgr strives to provide accurate product and pricing information, inadvertent pricing or typographical errors may occur. Images are for reference only and may reflect cooked or processed foods. Gutrwgr products are shipped frozen and may be uncooked or cooked. Gutrwgr reserves the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information relating to text, pricing, availability, and product descriptions) at any time without prior notice (including after you have submitted your order and received confirmation). Gutrwgr reserves the right, in its sole discretion, to refuse or cancel any orders for items listed due to errors in pricing or information. If your credit card has already been charged and you subsequently cancel any order, Gutrwgr will issue a refund to your credit card. Each bank's policies will determine when the funds will be credited to your account. We apologize for any inconvenience this may cause you.

Gutrwgr's product prices and availability are subject to change. If the price of your subscription is updated, we will make reasonable efforts to notify you so you can cancel or change your subscription.

Unless otherwise stated, prices do not include shipping or applicable taxes.

We will collect applicable sales, use, and other taxes (collectively, “Taxes”) for shipments to jurisdictions where we determine we are obligated to collect taxes on your purchases.

7. Add-ons

In addition to your Subscription, you may also receive various features and other customization options, including, but not limited to, premium options, new product add-ons, and modified shipping options. These features and options may periodically change the price of your subscription. If you have any questions about any of the options in your Subscription, please email help@Rastellis.com or call (856) 214-4325.

8. Third-Party Purchases

We may sometimes offer certain services through third-party channels, or we may provide links to third-party products from our website (each, a “Third-Party Purchase”). Your use of or interaction with any Third-Party Channel is solely between you and the third party. Gutrwgr does not control or endorse any Third-Party Channel and makes no representations or warranties regarding them. Third-Party Channels may impose their own terms, policies, or procedures (“Third-Party Terms”), which are separate from these Terms, and you should review such Third-Party Terms carefully. Your access and use of such third-party channels and your acceptance of their terms are at your own risk.

9. Payment Confirmation

When you place an order on the Website using our shopping cart, we will verify the validity of the information you provide by verifying your payment method or shipping address.We reserve the right to refuse any order you place and/or limit any order quantity without providing any reason. If we refuse your order, we will attempt to notify you.

By providing a credit card or other payment method we accept, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other fees). If we refuse an order, your credit or debit card will generally not be charged, but if your card has already been charged, we will issue a refund.

Your receipt of an electronic or other order confirmation does not constitute our acceptance of your order or a confirmation of our offer to sell. Gutrwgr reserves the right to accept or refuse your order for any reason at any time after receipt of your order.

10. Gift Cards/Promotions/Coupons

10.1 Gift Cards. You may purchase and/or otherwise receive gift cards through the Website. You must have created or maintained an existing, active account with Gutrwgr to redeem a gift card. All accounts are subject to these Terms. Gutrwgr gift cards are redeemable on the Website. Redeeming a Gift Card will result in a credit equal to the Gift Card amount to your account.

Balance. Gift Card balances will be applied toward the purchase of Gutrwgr services until the Gift Card balance is depleted. Gift Cards are not redeemable for cash or credit, except as otherwise provided by applicable law. Gutrwgr is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as otherwise provided by law). All Gift Card sales are final.

10.2 Promotions. Gutrwgr may, from time to time, offer promotions through the Website or otherwise. End Users may enter or attempt to enter to win prizes and other incentives (if any) offered under each Promotion by providing true and accurate information on the applicable Promotion registration form and agreeing to the Contest Rules applicable to each Promotion. Each End User understands and agrees that Gutrwgr will not be liable to that End User or any third party for any claims arising from that End User's participation in any Promotion.

10.3 Vouchers We may offer other types of price vouchers ("Vouchers") that require activation via an email application before the holder can begin receiving products. Vouchers are considered sold upon payment. When you redeem a Voucher against a product purchase, all of these terms and conditions apply between us and you.

Any Voucher may only be used once and may not be copied, reproduced, distributed, or published in any form, directly or indirectly, or stored in a data retrieval system, without our prior written approval. Only one Voucher may be used per order.

We reserve the right to withdraw or cancel any Voucher (except for paid gift cards) at any time and for any reason.

Vouchers are redeemable only through this Website and not through any other website or communication. To use a Voucher, you must enter its unique code during online checkout. Use of this code will constitute confirmation of your agreement to these Terms and Conditions and any special terms accompanying the Voucher.

Any discount associated with a Voucher applies only to the price of the product ordered and not to shipping charges, which will be charged at the normal rate.

We reserve the right to prohibit the use of Voucher codes on specific products.

11. Our Money-Back Guarantee

Gutrwgr is confident in its products and services. Our customers come first.

If you have any issues with our products or services, please call us at +1 562-693-8989 or email us at Support@gutrwgr.top and we'll do our best to resolve the issue.

Our Guarantee:

1. a) We won't lock you in long-term, and cancellation is easy.

2. b) If you're not satisfied with our services and products, we'll refund your money. Please contact us within 24 hours of order delivery, and we'll refund all or part of the purchase price, depending on the circumstances. We may require photographic proof of the return or unsatisfactory item before we can exchange an acceptable item, issue a credit, or issue a cashback.

We reserve the right to limit refunds and exchanges. We guarantee delivery only to the address provided in the order confirmation.

12. Order Restrictions

While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds, exchanges, and corrections in the event of errors. Please carefully review all shipping addresses. Because we ship perishable goods, we cannot guarantee the integrity of your package if our delivery service needs to reroute. We only guarantee delivery to the address you provide; this address is confirmed in your order confirmation. Gutrwgr may, at its sole discretion, limit or cancel quantities per person, household, or order. These restrictions may include orders placed using the same Gutrwgr website account, the same credit card, and orders with the same billing and/or shipping address. We will notify you if we make changes to your order. 13. Delivery 13.1 Delivery Time. Gutrwgr will ship Monday through Wednesday with an estimated delivery time of two (2) days. Please note that the specific delivery date for your shipment varies by geographic region, and not all areas can be delivered daily. If you have any questions about your region and delivery options, please contact Customer Service at Support@gutrwgr.top or +1 562-693-8989. While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds, exchanges, and corrections when errors occur. Please carefully check all shipping addresses. Because we ship perishable goods, we cannot guarantee the integrity of your package if our delivery service needs to reroute it. We ensure delivery only to the address you provide, which is confirmed on your order confirmation. We will provide you with a tracking number to track your shipment.

13.2 Inspection. You are responsible for inspecting all shipments for damage or other issues upon receipt. If you have any other reason to believe that any product you have delivered or purchased is unfit for consumption, please contact us at Support@gutrwgr.top or call +1 562-693-8989 and discard the item.

We recommend that you use a thermometer to check the internal temperature of all meat, poultry, and fish upon delivery. If the internal temperature exceeds 40°F (approximately 4°C), you should discard the item and contact us for a refund.

To maintain product quality and integrity, we recommend that you refrigerate all perishable products immediately upon delivery or purchase and follow the U.S. Department of Agriculture ("USDA") refrigeration and food safety instructions (available here). Failure to adhere to safe food handling practices and temperature recommendations may increase the risk of foodborne illness. Additionally, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration's dietary recommendations for high-risk groups (available here).

Shipments are packaged in dry ice, which typically remains cold for several hours, depending on the season and temperature in your area at the time of delivery. Avoid direct contact with dry ice bags until they have completely evaporated. Store in a well-ventilated area until they have completely evaporated before discarding.

13.3 Delivery Instructions. If you are not home when your shipment arrives, the courier will typically leave the package at your doorstep or in a public area, unless you have provided us with other delivery instructions. The risk of loss and/or damage passes to you upon delivery.

If you would like someone to sign for the shipment, please provide us with specific instructions. In such cases, if you, your neighbor, or your alternate recipient is not present at the time of delivery, we will make commercially reasonable efforts to contact you and reschedule delivery (in which case, standard re-delivery charges will apply). If we are unable to reschedule the order for any reason, the order will be cancelled and you will be charged the applicable order and re-delivery charges.

Any person accepting delivery at the delivery address is conclusively presumed to be entitled to receive the delivery. If you designate an alternative recipient, such recipient will be subject to all the same terms and conditions that would apply if you accepted the delivery in person.

In the event of inclement weather, we will deliver your order as soon as reasonably possible, conditions permit. If your designated delivery location is unavailable and we are unable to deliver, we will contact you to determine the best alternative delivery location and/or date.

14. Force Majeure

We are not responsible for any failure or delay in performance of any of our obligations due to events beyond our reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control, including but not limited to the following: (1) strikes, lockouts or other industrial action; (2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, threat of war or preparation for war; (3) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (4) impossibility of using rail, ship, aircraft, motor transport or other means of public or private transportation; (5) impossibility of using public or private telecommunications networks; and (6) any governmental act, decree, legislation, regulation or restriction.

Our performance under these Terms will be deemed suspended for the duration of the Force Majeure Event and we will be eligible for an extension of time for performance during that period. We will use reasonable efforts to bring the Force Majeure Event to an end or to find a solution so that we can perform our obligations under these Terms despite the Force Majeure Event.

15. Cancellation/Termination of Subscription

To cancel your subscription, visit the "My Gutrwgr" section of the Website and click on the link to cancel your subscription, or call Gutrwgr Customer Service at +1 562-693-8989 or email Support@gutrwgr.top, stating that you wish to terminate your account and providing your full name and registered email address. If you cancel your subscription within three (3) days before your next shipment, Gutrwgr will not be able to hold that shipment and you will be charged for it, but that shipment will be your last shipment.

Gutrwgr may terminate your subscription or your use of the Website at any time in its sole discretion. You are personally responsible for any charges incurred prior to termination.

16. Copyright and Trademarks

"Gutrwgr" and related product and service names, design marks, and slogans are registered trademarks of Gutrwgr, Inc. and may not be used without permission. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, trade names, or other intellectual property rights owned, controlled, or licensed by Gutrwgr, one of its affiliates, or third parties that have licensed their intellectual property to Gutrwgr, and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized copying is illegal. You acquire no rights in any Content (including any trademarks, service marks, or trade names) as a result of your use of the Site. Gutrwgr, its owners, related entities, affiliates, and licensors expressly reserve all intellectual property rights in all Content. Gutrwgr has a zero-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, using our trademarks or names in metatag keywords may constitute trademark infringement, and using our trademarks or names in page text, metatags, and/or hidden text to achieve higher search engine rankings may constitute unfair competition.

17. Prohibited Uses

Tampering with the Site, misrepresenting a user's identity, using purchasing agents, or conducting fraudulent activities on the Site is prohibited. Violations of system or network security may result in civil or criminal liability. Gutrwgr will investigate incidents and may involve and cooperate with law enforcement authorities in prosecuting users who engage in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, the following: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," or "crashing," or sending unsolicited email, including promotions and/or advertising of products or services; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

18. Privacy and Your Information

We Collect Personal Information About You. We collect some information about you through our relationship with you, such as your phone number, address, and preferences. You can learn more about how we use, share, and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms. By entering into this Agreement, you consent to our use of your information in accordance with our Privacy Policy. We offer you the option to limit our use of your data in certain circumstances.

19. Indemnification

You agree to defend, indemnify, and hold harmless Gutrwgr, its affiliates, owner-related entities or designees, and their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, predecessors in interest, successors, assigns, and the like (collectively, the "Affiliates") from and against any loss, liability, threatened or actual claim, demand, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Site, Products, or Services, or any information obtained as a result of such use not expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Agreement, and you will cooperate fully with us as reasonably requested. You agree to promptly notify Gutrwgr of any third-party claims, cooperate with Gutrwgr in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees and expenses, litigation costs, settlements, and the costs of seeking indemnification and insurance). This indemnification is in addition to, and not in lieu of, any other indemnification provisions set forth in a written agreement between you and Gutrwgr.

20. Disclaimer

This website is provided on an "as is" and "as available" basis. Neither Gutrwgr nor its affiliates guarantee that the use of this website will be uninterrupted.Gutrwgr and its affiliates do not guarantee the accuracy, completeness, or integrity of the content provided on this website. Furthermore, Gutrwgr does not guarantee that the content provided on this website is appropriate or suitable for use outside the United States.

You are solely responsible for the proper and safe preparation (including storage, cleaning, and cooking), use, and consumption of the food contained in your shipment and assume all associated risks. Therefore, all food contained in your shipment is provided "as is" and "as available," and all warranties, express or implied, are disclaimed to the fullest extent permitted by applicable law. This specifically includes, but is not limited to, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property.

We have made every effort to display the food, products, colors, and other information you see on the website as accurately as possible. However, the food and products delivered may differ from the images displayed on the website due to a number of factors beyond our control, including, but not limited to, your computer's system performance and limitations, manufacturing process issues, and the availability and variability of products and raw materials. While we will use commercially reasonable efforts to ensure that the food and products meet your expectations, discrepancies may occur. The prices, specifications, and availability of all foods and products are subject to change without notice. The Website may contain information about foods, services, and products that are not available in all locations. A reference to a food, service, or product on the Website does not imply that it is or will be available at your location or in the manner indicated. The Website may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors.

If an error occurs, we reserve the right, in our sole discretion, to correct such error and modify your order accordingly (including charging the correct price) or to cancel your order and issue you a credit or refund, in accordance with these Terms.

21. Limitation of Liability; Release

To the maximum extent permitted by applicable law, in no event will Gutrwgr or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of your use of, or inability to use, the Site or Content (including, without limitation, User Content, Third-Party Content, or content of linked third-party websites); or the ordering, receipt, or use of any products, or otherwise in connection with these Terms (including, without limitation, any damages caused or arising from reliance on any information obtained from Gutrwgr or events beyond Gutrwgr's reasonable control, such as site interruptions, deletion of files or email, errors or omissions, defects, bugs, viruses, Trojan horses, delays in operation or transmission, or any failure of performance). To the maximum extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, absolve, and forever discharge the Gutrwgr FOOD Parties from all claims and covenant not to bring any action against such Gutrwgr Parties in any manner, including all claims you have or may have arising out of these Terms. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, even if known by the creditor at the time of executing the release or his or her settlement with the debtor must have materially affected the creditor's claim. This includes, but is not limited to, any claims resulting from errors, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance caused by your reliance on any information obtained from the website. The foregoing limitations of liability will apply to any action, whether in contract, tort, or any other claim, even if an authorized representative of RASTELLI'S has been advised of or should have known of the possibility of such damages. Users hereby acknowledge that this limitation of liability applies to all content, goods, and services available through the Gutrwgr website.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, Gutrwgr's liability shall be limited to the maximum extent permitted by law. For example, in New Jersey, RASTELLI'S Gutrwgr's liability shall be limited to the maximum extent permitted by the California Punitive Damages Statute, the California Product Liability Act, the California Consumer Fraud Act, the Honest Consumer Contracts, Warranties, and Notices Act, and other applicable laws or requirements.

This limitation includes, but is not limited to, damages for personal injury, pain and suffering, emotional distress, business interruption, loss of profits, revenue, business or anticipated savings, use, goodwill, or data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

22. Disputes and Arbitration

We want you to be a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines our mutual expectations.

22.1. You agree to provide Gutrwgr with an opportunity to resolve disputes informally. Before you initiate or participate in a dispute (or assert the defense of any such dispute) in court or arbitration against Gutrwgr or its affiliates (including claims relating to Gutrwgr products, these Terms, billing, privacy, advertising, or communications from Rastelli's or its affiliates to you), you must first send a written description of your claim to: Gutrwgr, LLC, 14124 Lambert Rd, Whittier, CA 90605, Attention: Legal Department, and you must provide Gutrwgr with a reasonable opportunity to resolve your dispute. Your written notice must describe the issue in reasonable detail and identify or attach all relevant documents and information. You and Gutrwgr agree to negotiate in good faith to attempt to resolve your claim. If you and Gutrwgr do not reach an agreement to resolve the dispute within sixty (60) days after Gutrwgr receives your written notice of claim, you may pursue your claim in arbitration or in court (only to the extent expressly provided below).

22.2. Arbitration. You and Gutrwgr agree to arbitrate all disputes between you, except as provided in this subsection (b) Unless otherwise provided. Arbitration is more informal than a court lawsuit. It uses a neutral arbitrator, not a judge or jury.

Arbitration allows for more limited discovery than in court, and court review is also very limited. Arbitrators can award the same damages and relief as a court. This arbitration agreement covers any dispute arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the claim arose or may arise before or after the deadline. For purposes of this arbitration provision, "Gutrwgr," "you," and "we" include our affiliates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Notwithstanding the agreement to arbitrate set forth in the preceding paragraph, if you fail to pay in full any outstanding balance due, Gutrwgr may designate your account for collection, and Gutrwgr and/or a collection agency may initiate legal action in court, but only to recover the overdue amount plus any interest or collection costs permitted by law or these Terms. (However, Gutrwgr will not be liable for the actions of such collection agencies.) (You agree not to use the Site for any reason and you release Gutrwgr from any liability.) In addition, Gutrwgr may seek injunctive relief in any court for any infringement of Gutrwgr's or any third party's patent, trademark, service mark, copyright, trade secret and/or other intellectual property rights.

If you opt out of this arbitration process within thirty (30) days of your first access or other use of the Site or any information or materials contained therein (the "Opt-Out Deadline"), you may choose to pursue your claim in court rather than in arbitration. You may opt out by writing to us at either of the following addresses:

Gutrwgr, LLC, 14124 Lambert Rd, Whittier, CA 90605, Attention: Legal Department

Or contact Support@gutrwgr.top

Either you or Rastelli's may initiate arbitration by sending a letter demanding arbitration ("Demand for Arbitration") to the other party by certified mail. If you initiate arbitration, you must send the Demand for Arbitration to: Gutrwgr DTC, 14124 Lambert Rd, Whittier, CA 90605, Attention: Gutrwgr. The Demand for Arbitration must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the relief sought.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (AAA), as modified by these Terms. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-562-693-89899. If your claim is for $10,000 or less, we agree that you may elect to have the arbitration conducted solely based on documents submitted to the arbitrator, by telephone hearing, or in person under the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion fully explaining the essential findings and conclusions on which the award is based.

The parties shall enter into an arbitration under the terms of the American Arbitration Association (AAA). The arbitrators shall bear their own administrative fees, costs, and expenses associated with the arbitration, as provided in the Rules. Arbitrator Compensation

The arbitrators shall assign the award in the award and shall be governed by the AAA Rules.

All issues shall be decided by the arbitrator, except that issues relating to the scope and enforceability of the arbitration provision shall be decided by a court. Unless you and Gutrwgr agree otherwise in writing, any arbitration hearing shall be held at the AAA office in Philadelphia, Pennsylvania.

One arbitrator, selected in accordance with the AAA Rules and experienced in consumer disputes in the retail food industry, shall preside over the arbitration. If no arbitrator with such expertise is available, the arbitration shall be conducted by one arbitrator selected by both you and Gutrwgr in writing. The arbitrator's award shall be binding and final upon all parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. This provision may be enforced in any court. The arbitrator must follow this Agreement and may award the same damages and relief as a court (including attorneys' fees).

You or Gutrwgr must file a claim one (1) day after the claim arises. Any claim arising out of or related to these Terms or our relationship must be filed within 12 months of the expiration of the statute of limitations, or the claim will be forever barred. If applicable law holds this statute of limitations unenforceable with respect to any claim, the statute of limitations for the state whose law governs these Terms pursuant to Section 23 will apply.

You and Gutrwgr agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class or representative action. Neither you nor Gutrwgr may participate in a class, consolidated, or representative action or proceeding, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If you timely opt out of the arbitration provision as described above, this waiver of the right to participate in a class action will not apply to you. Gutrwgr does not agree to class arbitration; therefore, if a court refuses to enforce this subsection (b), the arbitration agreement will be unenforceable as against you. Whether a claim proceeds in court or in arbitration, you and Gutrwgr hereby waive any right to a jury trial.

23. Governing Law and Venue.

These Terms and your and Any dispute between Gutrwgr and its affiliates arising out of or relating to these Terms or the Gutrwgr Services, including but not limited to disputes regarding billing, services, privacy, advertising, or communications between Gutrwgr or its affiliates and you, whether based in contract, tort, statute, or common law, will be governed by the laws of the State of Delaware, without regard to choice of law principles.

Any dispute arising out of or relating to these Terms or the Gutrwgr Services that is not subject to arbitration or cannot be heard in small claims court shall be resolved exclusively in the state or federal courts located in Pennsylvania and the United States, respectively, located in Philadelphia, Pennsylvania.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Website Accessibility

Gutrwgr is committed to improving the accessibility and usability of its website, www.gutrwgr.top (the “Website”). To this end, Rastelli's is progressively implementing the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA") and its subsequent versions as a standard for web accessibility, and to further conform websites and other consumer-facing assets to Section 508 of the Web Accessibility Standards as established by the U.S. Accessibility Commission (USBC). Our website is regularly tested with assistive technologies, such as screen readers and screen magnifiers, and by users with disabilities who use these technologies.

Please note that this is an ongoing effort. If you have any questions or concerns about the accessibility of any specific page on this website, please feel free to contact us at Support@gutrwgr.top. If you encounter an accessibility issue, please be sure to specify the specific page in your email, and we will make every reasonable effort to ensure that you can access that page.

25. DMCA Notice

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Website infringes your copyright, you may submit a written notification of infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). All infringement notifications should be sent to Rastelli The designated agent below should include the following information: (a) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, and (d) your address, telephone number, and emailaddress, (e) a written 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, 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.

Infringement notifications should be sent to Gutrwgr's designated agent as follows:

Gutrwgr Foods DTC, 14124 Lambert Rd, Whittier, CA 90605, Attention: Legal Department or email: Support@gutrwgr.top

If you submit an infringement notification that knowingly and materially misrepresents that any content, information, or communication on this Site is infringing a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication was removed from this Site based on a wrongful claim of infringement, you may seek relief under the Digital Millennium Copyright Act (DMCA).

26. Enforceability and Waiver

If any provision of these Terms is held by any jurisdiction to be invalid, illegal, or unenforceable to any extent, such term, condition, or provision will be severed to that extent from the remaining terms, conditions, and provisions, which will continue in full force and effect to the fullest extent permitted by law.

No waiver by Rastelli of any provision under these Terms will be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

27. Miscellaneous

These Terms and any documents expressly referenced herein constitute the entire agreement between you and Gutrwgr and supersede all prior discussions, communications, negotiations, arrangements, understandings, or agreements between us regarding any subject matter. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Gutrwgr's prior written consent. Except as otherwise provided herein, these Terms are for the benefit of the parties alone and are not intended to confer third-party beneficiary rights on any other person or entity.

Last updated: April 30, 2024