Terms and Conditions of Use

Last updated: October 06, 2025

Welcome to Torani’s website. The following terms and conditions of use govern all use of the Website. The Website is owned and operated by Torani and its subsidiaries, affiliates, parent companies and any of their related businesses (“Torani,” “We,”” “Us,” or “Our”). The Website and the services and features offered through the Website (the “Services”) are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, including, without limitation, the Torani Privacy Policy available at www.torani.com/privacy, [LSA1] the Torani Messaging Terms and Conditions at https://www.torani.com/messaging-terms-conditions, the Torani Refund policy at https://www.torani.com/refund-policy, and any other procedures that may be published from time to time on this Website by us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, each user (“You”, “Your” or “User”) agrees to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Website or use any Services made available via the Website.

THIS AGREEMENT GOVERNING YOUR USE OF THE WEBSITE INCLUDES A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Registration and Your Account

We may require a Website user to register to use certain features of the Website. When You register to use such features of the Website, You must provide complete and accurate information. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to the Torani Privacy Policy.

License and Site Access

Subject to Your compliance with these Terms and Conditions of Use, Torani grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website Services. This license does not include the right to any resale or commercial use of any Service or the Website contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Website Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms and Conditions of Use or any Service Terms are reserved and retained by Torani or its licensors, suppliers, rights holders, or other content providers. None of the Services, nor any part of any of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Torani.

Content and Copyright, Trademark, and Related Issues

The contents, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website (collectively, the “Content”) are for Your personal informational purposes only. The Content is owned by Torani or other third parties who have licensed their rights in Content to Torani. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.

You shall not, nor will You allow any third party (whether or not for Your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Torani. You may not use Content in any way not expressly permitted by these Terms of Use and if You do, Your right to use the Content will automatically terminate. The Content, and the Website generally, are subject to change or termination without advance notice. Notice of any material changes to the Terms and Conditions of Use will be posted at the top of the Terms and Conditions of Use.

The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to Torani or have been licensed to Torani. Nothing contained on the Website should be construed as granting You any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.

Intended Audience of Websites

The Website is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Website does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, You should not visit or use the Website. If We learn that personally identifiable information of persons residing in the EU/EEA or under 13 years of age has been collected on the Website inadvertently or without verified parental consent, We will take appropriate steps to delete the information. Torani reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content to the Website or send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.

If You post content or submit material, and unless We indicate otherwise, You grant Torani a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Torani and its sub-licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate these Terms of Use and will not cause injury to any person or entity; and that You will indemnify Torani for all claims resulting from content You supply. Torani has the right but not the obligation to monitor and edit or remove any activity or content. Torani takes no responsibility and assume no liability for any content posted by You or any third party.

Linking/Third Party Links on Our Site

The Website may contain links to the websites of other parties. Torani is not responsible for such websites’ terms of use or privacy policies or how they may treat Your information. Your use of third-party websites is at Your own risk and subject to the terms of use and privacy policies of such sites.

Returns, Refunds, and Title

Torani does not take title to returned items until the item arrives at the Torani returns center. At Our discretion, a refund may be issued without requiring a return. In this situation, Torani does not take title to the refunded item. For more information about our returns and refunds, please see here.

Promotional and Personalized Marketing Text Messages

 For terms and conditions related to recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from Torani, visit our Messaging Terms & Conditions page.

Limitation of Liability

The use of the Website and the Services is at Your own risk and is provided “as is.” Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information You provide to Us or the Website.

TO THE FULLEST EXTENT PERMITTED BY LAW, TORANI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify Us against any loss, damage or cost incurred by us arising out of Your use of the Website, any of its services or any information accessible over or through the Website, including information obtained from linked sites, your submission or transmission of information or material on or through the Website or your violation of this Agreement or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that You will fully cooperate with us in any such defenses.

Arbitration; Claims Must be Brought on an Individual Basis

By using the Service, you agree that any dispute in any manner arising out of or relating in any way to this Agreement (including these Terms of Use, the Torani Privacy Policy, and other Torani polices posted on the Website), its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") in the San Francisco, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.

This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.

ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor we are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:

 

You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator's decision or award in one person’s case can only impact the person who brought the claim, not other TORANI customers, and cannot be used to decide other disputes with other customers.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Law that Applies; Interpretation and Modification

This Agreement is governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of  this Agreement, which shall remain in full force and effect. No waiver of any provisions of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify this Agreement, including the Torani Privacy Policy, at any time and although We will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if We do not provide advance notice, the modification will take effect when We post the change on the Website. Accordingly, We urge You to check back frequently so that You are aware of the terms and conditions that apply to You.

Notice and Procedure for Making Claims of Copyright Infringement

If You believe that Your work has been copied on the Website in a way that constitutes copyright infringement, please provide Torani’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Torani that Your copyrighted material has been infringed through posting on the Website.

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

·       A description of the copyrighted work that You claim has been infringed upon;

·       A description of where the material that You claim is infringing is located on the site;

·       Your address, telephone number, and e-mail address;

·       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;

·       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.

Torani’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows: 

Copyright Agent:

Dean Veurink

Torani

2000 Marina Blvd

San Leandro, CA 94577

Email: dveurink@torani.com 

 

Restriction, Suspension, and Termination

We may restrict, suspend or terminate your access to the Website and/or your ability to avail of any of the services on the Website, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Website as a whole or any sections or features of the Website at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

Complete Agreement

This Agreement, including the Terms and Conditions of Use, the Torani Privacy Policy, and other Torani policies posted on the Website, constitute the entire agreement between You and Torani regarding the Website and the Services and supersede any and all other terms, representations, promises or discussions. Only Torani has the authority to agree to amendments to this Agreement, and to be considered binding, any amendments must be in writing and executed by Torani.

Questions or comments regarding this Website, including reports of non-functioning links, should be submitted via our “Contact Us” page or U.S. mail to:

Dean Veurink

Torani

2000 Marina Blvd

San Leandro, CA 94577

 

TORANI MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME.