Giorgio Di Mare.com is operated by Giorgio Di Mare
Retail (“Giorgio Di Mare”) on behalf of itself and its affiliates (the
"Web Site").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR
UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.
USE OF THIS WEB SITE
Users of all ages are welcome to browse the Web Site
under the terms set forth herein, however, you may only establish an account if
you are of the age of majority in your state of residence - which is usually
18- or older. In order to purchase products or services from the Web Site and
in order to access or use some features on the Web Site, you may be required to
establish and use an account. In addition to your name and contact information,
you may be required to submit a valid credit card number, billing address, and
related billing information in connection with your account. When you register
for an account you must (i) provide accurate and truthful information and (ii)
update such information from time to time as necessary to keep your
registration information current and accurate. By establishing an account, you
represent and warrant that you have the right and are authorized to provide the
information you provide when you register for the account and further that you
have agreed to these Terms and Conditions. You are responsible for maintaining
the confidentiality of your account information and password and for
restricting access to such information and to your computer or device. All
activities that occur under your account or password shall be your
responsibility. In the event you become aware that your account or password
have been lost, compromised or are being used in an authorized fashion it is
your responsibility to contact our customer service immediately.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Web Site
is complete, accurate and current. Despite our efforts, information on the Web
Site may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or currentness of any
information on the Web Site. For example, products included on the Web Site may
be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Web Site. In addition,
we may make changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and
prices of products and services described or depicted on the Web Site are
subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of
our products, including the applicable colors; however, the actual color you
see will depend on your computer system, and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any product or
service on the Web Site at a particular time does not imply or warrant that the
product or service will be available at any time. It is your responsibility to
ascertain and obey all applicable local, state, federal and international laws
(including minimum age requirements) in regard to the possession, use and sale
of any item purchased from the Web Site. By placing an order, you represent
that the products ordered will be used only in a lawful manner.
CORRECTION OF ERRORS AND INACCURACIES
We reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at any time
without prior notice. In the event that a product is listed at an inaccurate
price due to typographical error or error in pricing information or for any
other reason, we have the right to (i) refuse or cancel any orders placed for
the product listed at the incorrect price and/or (ii) refuse or cancel any such
orders whether or not an order has been confirmed, in which event, we will
offer a refund to you of previous amounts paid in respect of your purchase. The
display of products on the Web Site shall not constitute an offer to sell.
SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an
address designated by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained on the Web Sites. All
purchases from the Web Sites are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from the Web Site pass to
you upon delivery of the items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
USE OF CONTENT ON THE WEB SITE
The design of the Web Site and all text, graphics,
information, content, and other material displayed on or that can be downloaded
from the Web Site are protected by copyright, trademark and other laws and may
not be used except as permitted in these Terms and Conditions or with prior written
permission of the owner of such material. You may not modify the information or
materials displayed on or that can be downloaded from the Web Site in any way
or reproduce or publicly display, perform, or distribute or otherwise use any
such information or materials for any public or commercial purpose. You agree
not to circumvent or interfere with security-related features of the Web Site
or features that prevent or restrict use or copying of any materials or enforce
limitations on use of the Web Site or any materials herein. You may not use any
robot, "bot", spider, crawler or other automatic device or manual
process to gather data from the site for commercial use. Any unauthorized use
of this Web Site, or any such information or materials contained herein may
violate copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations.
TRADEMARKS
Certain trademarks, trade names, service marks and
logos used or displayed on the Web Site are registered and unregistered trademarks,
trade names and service marks of Giorgio Di Mare or its affiliate(s). Other
trademarks, trade names and service marks used or displayed on the Web Site are
the registered and unregistered trademarks, trade names and service marks of
their respective owners, including our vendors or suppliers. Nothing contained
on the Web Site grants or should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks, trade
names, service marks or logos displayed on the Web Site without the written
permission of such other owner.
LINKING TO THE WEB SITE
Creating or maintaining any link from another web site
to any page on the Web Site without our prior written permission is prohibited.
Running or displaying the Web Site or any information or material displayed on
the Web Site in frames or through similar means on another web site without our
prior written permission is prohibited. Any permitted links to the Web Site
must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, the Web Site may contain links to
web sites that are not owned, operated or controlled by Giorgio Di Mare or its
affiliates. All such links are provided solely as a convenience to you. If you
use these links, you will leave the Web Site. Neither we nor any of our
affiliates are responsible for any content, materials or other information
located on or accessible from any other web site. Neither we nor any of our
affiliates endorse, guarantee, or make any representations or warranties
regarding any other web sites, or any content, materials or other information
located or accessible from any other web sites, or the results that you may
obtain from using any other web sites. If you decide to access any other web
sites linked to or from the Web Site, you do so entirely at your own risk.
INAPPROPRIATE MATERIAL
You are prohibited from posting or transmitting any
unlawful, harassing, insensitive, threatening, defamatory, libelous, obscene,
pornographic or profane material or any material that is derogatory towards,
among others, any individual, race, religion, gender, sexual orientation or
could constitute or encourage violence or conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise violate any law
on or through the Web Site. In addition to any remedies that we may have at law
or in equity, if we determine, in our sole discretion, that you have violated
or are likely to violate the foregoing prohibitions, we may take any action we deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal of the related materials from the Web Site. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
USER INFORMATION
Other than personally identifiable information, which
is subject to the Web Site’s Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to the Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. We and our affiliates and our or their designees may use
any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any manner whatsoever for any or
all commercial or non-commercial purposes. We may, but are not obligated to,
monitor or review any User Communications. We will have no obligation to use,
return, review, or respond to any User Communications. We will have no
liability related to the content of any such User Communications, whether or
not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. We retain the right to remove any or all User Communications that
includes any material we deem inappropriate or unacceptable
DISCLAIMERS
YOUR USE OF THE WEB SITE IS AT
YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE
WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GıORGıO Dı MARE NOR ANY OF
ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE,
AND NEITHER, GıORGıO Dı MARE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR
ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GİORGİO
Dİ MARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THE WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT
OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
INDEMNIFICATION
You agree to defend, indemnify and hold us harmless
from and against any and all claims made by, and any and all damages and
judgments (including reasonable attorneys’ fees) awarded to, any third party
due to or resulting from: (1) your misuse of the Web Site or any of its
contents; (2) your violation of these Terms and Conditions or any applicable
law; or (3) your breach of any of your representations and warranties set forth
herein.
LIMITATIONS OF LIABILITY
Neither Giorgio Di Mare nor any of its affiliates,
assume any responsibility, and will not be liable for, any damages to, or
viruses that may infect, your computer, telecommunication equipment, or other property
caused by or arising from your access to, use of, or browsing the Web Site, or
your downloading of any information or materials from the Web Site. IN NO EVENT WILL GıORGıO Dı MARE, ITS
AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB
SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH
WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB
SITE.
REVISIONS TO THESE TERMS AND CONDITIONS
We reserve the right to modify these Terms and
Condition at any time. If we modify these Terms and Conditions, we will post
the revised Terms and Conditions on the Web Site and note the date the Terms
and Conditions was last updated. We also may highlight the link to the Terms
and Conditions, post a notice on the Web Site or send an email describing the
changes. Your continued use of the Web Site following any revisions to these
Terms and Conditions signifies your agreement to be bound by the revised Terms
and Conditions. You should visit this page from time to time to review the then
current Terms and Conditions.
ADDITIONAL TERMS
Additional terms may apply in connection with certain
features of the Web Site (e.g. testimonials, sweepstakes or contest entries).
If applicable, these additional terms will be made available to you, for
example: (i) where you are permitted to submit materials, enter a promotion,
access or use particular features, or purchase specific products and services,
or (ii) in a link adjacent to where you are permitted to submit materials,
enter a promotion, access or use particular features, or purchase specific
products and services. Unless otherwise stated, those additional terms are
incorporated into and made a part of these Terms and Conditions by reference.
In the event those additional terms conflict with these Terms and Conditions,
the additional terms shall control solely with respect to the subject matter to
which those additional terms apply.
COPYRIGHTED MATERIAL – ALLEGED INFRINGEMENT
If you are a copyright owner or an agent thereof and
believe that any content on this Web Site infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing:
· A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
· Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site;
· Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
· A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
· A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive
notifications of claimed infringement is: Attn. Privacy Officer-privacy@giorgiodimare.com
For clarity, only DMCA notices should go to the Copyright Agent. You
acknowledge that if you fail to comply with all of the requirements of this
section, your DMCA notice may not be valid. Notification that fails to comply
with the foregoing will not constitute knowledge or awareness of infringement.
We suggest that you consult your legal counsel before filing a claim.
MANDATORY ARBITRATION OF DISPUTES
These Terms and Conditions provide that all disputes
between you and us will be resolved by BINDING
ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend your rights under these Terms and Conditions is contract,
except for matters that may be taken to small claims court. Your rights will be
determined by a neutral arbitrator, NOT a judge or jury. You agree that any
dispute arising out of or relating to these Terms and Conditions, including
with respect to the interpretation of any provision of these Terms and
Conditions or concerning the performance or obligations of Giorgio Di Mare or
you, shall be resolved by mandatory and binding arbitration submitted to JAMS
in accordance with its Commercial Arbitration Rules at the request of either Giorgio
Di Mare or you pursuant to the following conditions:
· Unless you elect to conduct the arbitration by
telephone or written submission, an in-person arbitration hearing will be
conducted at the JAMS facility in your area.
· Selection of Arbitrator shall be made pursuant to
JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive
Arbitration Rules & Procedures, depending on the amount of the claim as
specified herein.
· The arbitration shall be conducted by a single
arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For
claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’
Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS
procedure, the arbitrator shall allow reasonable discovery in the forms
permitted by the Federal Rules of Civil Procedure, to the extent consistent
with the purpose of the arbitration. The arbitrator(s) shall have no power or
authority to amend or disregard any provision of this section or any other
provision of these Terms and Conditions, except as necessary to comply with
JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum
Standards of Procedural Fairness. The arbitration hearing shall be commenced
promptly and conducted expeditiously. If more than one day is necessary, the
arbitration hearing shall be conducted on consecutive days unless otherwise
agreed in writing by the parties.
· The arbitrator(s) shall, after reaching judgment and
award, prepare and distribute to the parties written findings of fact and
conclusions of law relevant to such judgment and award and containing an
opinion setting forth the reasons for the giving or denial of any award. The
award of the arbitrator(s) shall be final and binding on the parties, and
judgment thereon may be entered in a court of competent jurisdiction.
· You will be subject to a $250 filing fee to initiate
an arbitration. To the extent permitted by JAMS procedures, each party shall
bear its own costs and expenses and an equal share of the arbitrators' and
administrative fees of arbitration. Giorgio Di Mare will be responsible for its
share of costs, expenses and fees plus any costs, expenses and fees required of
it under JAMS procedures. Except where prohibited by law, the prevailing party
shall be entitled to an award of reasonable attorney fees.
· The Federal Arbitration Act and federal arbitration
law apply to this Agreement. Either party also may, without waiving any remedy
under this Agreement, seek from any court having jurisdiction any interim or
provisional relief that is necessary to protect the rights or property of that
party, pending the establishment of the arbitral tribunal (or pending the
arbitral tribunal's determination of the merits of the controversy). We also
both agree that you or we may bring suit in court to enjoin infringement or
other misuse of intellectual property rights.
· The Federal Arbitration Act and federal arbitration
law apply to these Terms and Conditions and you agree that any arbitration or
other proceedings by or between you and Giorgio Di Mare will be conducted on an
individual basis and not in any class action, consolidated or representative
basis. You further agree that the arbitrator shall have no authority to award
class-wide relief. You acknowledge and agree that this agreement specifically
prohibits you from commencing arbitration proceedings as a representative of
others. If for any reason a claim proceeds in court rather than in arbitration,
we each waive any right to a jury trial.
TERMINATION
You or we may suspend or terminate your account or
your use of the Web Site at any time, for any reason or for no reason. You are
personally liable for any orders placed or charges incurred through your
account. We reserve the right to change, suspend, or discontinue all or any
aspect of the Web Site at any time without notice.
CONTACT/ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms
and Conditions or if you have any questions or comments, we invite you to
contact our Customer Service Department by e-mail at info@giorgiodimare.com