Customer Focused
Food Server Training

Terms of use

LAST UPDATED: 10 July, 2014

  1. Acceptance of Agreement:
    You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our website www.tuttomassimo.com (the “Site”). This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

    • Eligibility
      You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Tutto Massimo, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Tutto Massimo.
      BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
      We reserve the right to modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site.  You agree that we shall not be liable to you or to any third party for any modification of the Site, or of any Service, content, or feature offered through the Site.  Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.
  2. Registration; User Names and Passwords:
    You may need to register to use all or part of the Site. You represent and warrant that all information submitted to TUTTO MASSIMO in connection with such registration is complete and accurate.  Your user name and password are for your personal use only and should be kept confidential; you (and not TUTTO MASSIMO) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  3. Description of the Services:
    We provide users of the Site with access to certain content and services related to professional food server training, which may include, without limitation:  (a) course and site registration; (b) streaming audio and video courses; (c) simulated exam software; (d) downloadable training materials (including but not limited to customized menus and glosseries); (e) on-line service to post and apply for job openings; (f) online dashboard; and (g) personal public profiles (such content and services, collectively, the “Services”).

    We may maintain different types of accounts or services for different types of Users. You may never use another User's account without permission. If you use Tutto Massimo to post jobs, you are a "Restaurant." If you use Tutto Massimo to apply for jobs, you are a "Server."
    THE COMPANY SHALL NOT BE LIABLE FOR ANY HARM TO ANY SERVER OR RESTAURANT OR VIOLATION OF THE LAW RESULTING FROM THE CONDUCT OF ANY RESTAURANT POSTING ON THIS SITE.

  4. Paid Services

    • Billing Policies
      Certain aspects of the Service may be provided for a fee or other charge. If you purchase the Service, you agree to the pricing and payment terms set forth in our set fort in our pricing (Restaurants, Waiters), as we may update them from time to time. Tutto Massimo may add new services or courses for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

    • No Refunds
      You may cancel your Member account at any time; however, there are no refunds for cancellation. In the event that Tutto Massimo suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused portion of the Service, or for anything else.

  5. Copyright:
    The content, audio, videos, music, video courses, exams, glosseries, certifications, graphics, images, software (including the recruitment center, dashboard, and customized menus), illustrations, logos, copyrights, text and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section [4], is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  6. Trademarks:
    Tutto Massimo and Tutto Tip are trademarks of Tutto Massimo, LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.

  7. Limited Right to Use/Usage Restrictions:
    The viewing, printing or downloading of any course video, form, exam, customized menu, glossary or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, course, exam or document may be reproduced in any form other than for your personal use (but not for resale or redistribution).

    You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (vii) using the Service for any commercial solicitation purposes except for the purposes in these Terms; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) interfering with the proper working of the Service.

  8. Dashboard/User Content:
    The Service may allow Users to post content such as job and company information, resumes, applications, logos, trademarks, comments, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content.

    • No Liability
      Information contained in dashboard may be provided by employees of Tutto Massimo as well as by Servers and Restaurants.  Please note that visitors to the Site may post messages or make statements in the dashboard that are inaccurate, misleading or deceptive.  Tutto Massimo and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively, with Tutto Massimo, the “TM Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the dashboard by Servers and Restaurants.Under no circumstances will the TM Entities be liable for any loss or damage caused by your reliance on such information or materials.

      In addition, the TM Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party information voluntarily made public through a dashboard, job posting, or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A DASHBOARD OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

    • Dashboard and Site Usage Restrictions
      You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Tutto Massimo reserves the right, but is not obligated, to reject and/or remove any User Content that Massimo believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence.

      If you are an Restaurant, you agree that you will not use the Service to post or promote any position that requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Service to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting.

      You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that Company's use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

  9. User Content License Grant:
    By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Tutto Massimo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tutto Massimo's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The foregoing license shall be subject to the Tutto Massimo Privacy Policy in effect at the time that you post the applicable User Content.

  10. Indemnity:
    You agree to defend, indemnify and hold harmless Tutto Massimo and its subsidiaries, agents, licensors, managers, other affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

  11. Nontransferable:
    Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

  12. Copyright Infringement Claims:
    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send TUTTO MASSIMO a written notice by mail, email or fax, requesting that TUTTO MASSIMO remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send TUTTO MASSIMO a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Tutto Massimo’s DMCA Agent by email to DMCANotice@TuttoMassimo.com.

  13. Notice for California Residents.
    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please contact us by sending an email to Complaint@tuttomassimo.com.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  14. Disclaimer and Limits
    WE BELIEVE THAT ONCE-CERTIFIED, OUR SERVICES WILL IMPROVE YOUR PERFORMANCE AND MARKETABILITY IN THE RESTAURANT JOB MARKET. HOWEVER, THE COMPANY MAKES NO WARRANTIES THAT YOU WILL BE HIRED FOR ANY SPECIFIC JOB OR ACHIEVE ANY PARTICULAR CAREER OUTCOME. MOREOVER, THE SERVICE ITSELF IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR 

    INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUTTO MASSIMO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TUTTO MASSIMO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    TUTTO MASSIMO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE TUTTO MASSIMO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TUTTO MASSIMO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

  15. Privacy Policy:
    Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

  16. Assignment:
    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tutto Massimo without restriction.

  17. General

    • Governing Law
      You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Tutto Massimo, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Tutto Massimo that arises in whole or in part from the Service shall be decided exclusively by the Los Angeles County Superior Court in the State of California, unless submitted to arbitration as set forth in the following paragraph.

    • Arbitration
      For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    • International Jurisdictional Issues 
      The Site is controlled and operated by TUTTO MASSIMO from the United States, and is not intended to subject TUTTO MASSIMO to the laws or jurisdiction of any state, country or territory other than that of the United States.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.  Not all Services described on the Site are available in all states or territories.

    • Entire Agreement/Severability/No Waiver
      This Agreement, together with any amendments and any additional agreements you may enter into with Tutto Massimo in connection with the Service, shall constitute the entire agreement between you and Tutto Massimo concerning the Service. If any provision of this Agreement is deemed invalid by a court of 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 term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tutto Massimo's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.