Terms of Use
Italianway Import Inc. (referred to herein as “Italianway”, “we”, “us” or “our”) urges you to carefully read these terms and conditions of use (the “Terms of Use”) before continuing to using this web site http://www.italianway.us (the “Website”). Accessing, browsing or using this Website is subject to these Terms of Use. By continuing the use of the Website you agree to be bound by the Terms of Use. Do not use the Website if you do not accept the Terms of Use.
Italianway reserves the right to change the Terms of Use at any time without prior notice to you, and such changes are effective immediately upon posting on the Website. You are deemed to receive notice of such revisions at the time of posting and are bound by any such changes to the Terms of Use. We thus invite you to check the Terms of Use periodically. Do not use this Website if you do not agree to any such change. By continuing the use of the Website following the posting of changes to the Terms of Use, you accept and agree to the changes.
Italianway reserves the right to terminate or suspend your access or use of the Website if (a) we reasonably believe that you are using this Website in breach of the Terms of Use; or (b) we reasonably believe it necessary for security reasons; or (c) for the maintenance of the Website.
Ownership and Content of the Website, Trademarks and Copyrights
The Website is owned and operated by Italianway. All right, title and interest in and to this Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, text, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and product descriptions and any written and other materials that appear as part of this Website (collectively, the “Content”) is owned by Italianway, or its licensors, or the companies that entrusted Italianway with the right to promote the products displayed on or made available to you through the Website.
Furthermore, all trademarks, trade names, logos, brand names and product names included on this Website (collectively, the “Trade Marks” or “Trademarks”) are the exclusive property of Italianway or of its licensors or of the companies that entrusted Italianway with the right to promote the products displayed on or made available to you through the Website.
All Content and Trade Marks are protected by applicable intellectual property laws, including but not limited to copyright, patent and trade mark laws, and other laws and international treaty provisions regarding intellectual property.
Limitations of Use
You are permitted to use the Website only for your own personal, non-commercial use. No Content and/or Trade Marks on the Website may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create woks from or used in any other way, except with the prior written authorization of Italianway.
You may not use, in any manner whatsoever, or alter or attempt to alter any Content and/or Trademarks on this Website, or the Website itself. Any unauthorized use of any Content or Trade Marks may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
You may not use any automatic or manual processes to access, acquire, copy or monitor this Website or the Content or any portion thereof; or in any way reproduce the structure, presentation, or look-and-feel of this Website or any Content; or to obtain or attempt to obtain any materials, documents or information not purposely made available through this Website.
You may not attempt to access any portion or feature of this Website that is not openly and publicly made available without authorization, or access any other systems or networks connected to the Website or any Italianway server, by hacking, password mining or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not trace or seek to trace any information of any other user of or visitor to the Website, or exploit the Website or any service or information made available or offered by or through the Website, nor use this Website or the Content for any unlawful purposes or for any purposes not allowed by the Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Italianway or others.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or with any other person’s use of the Website.
Your rights to use the Website may be further limited by international law, federal law or the laws or regulations in your particular county, state or locality. Italianway may, in its sole discretion and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of this Website, although Italianway is under no obligation to do so.
You represent and agree that you are at least 13 years of age and that if you are younger than 13 you will not use this Website.
Requests for Information on the Products Displayed on the Website
You may request information on the products and/or the features and specifications of the products that are displayed on the Website. By using the Website in order to request information on the products you agree to be bound by the Terms of Use as well as the Privacy Policy which are hereby incorporated by reference into the Terms of Use. Although we will make any reasonable efforts to ensure that information accessible on the Website is accurate and constantly up-to-date, we make no representation nor give any warranty as to the correctness, completeness or accuracy of any information on the Website including, but not limited to, products description and availability at a particular time. The inclusion of any products on this Website does not imply any warranty or guarantee regarding those products .
Contacting Us, Materials Submitted to Us, and Privacy
Any request of information on the products and/or the features and specifications of the products that are displayed on the Website may require you to contact us, either via an application on the Website or by email. Personal information that you provide to us through such communication, or otherwise collected by us, shall be subject to our Privacy Policy. You can read our current Privacy Policy on the Website. The Privacy Policy is incorporated by reference into the Terms of Use.
Except for “personal information” and “non-personal information” (as defined in our Privacy Policy) any communication to Italianway through the Website or otherwise, including any suggestion, proposal, idea, graphic or other material submitted to Italianway, including those related to any products displayed on the Website, will be treated as non confidential and non proprietary. As such, Italianway shall be free to use, in any manner whatsoever, any such ideas, concepts, suggestions, graphics, photography, material or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation or indemnification to you, for any title, reason or cause.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. You understand that information transmitted over public networks may be accessed by third parties and Italianway will not be liable for any such unauthorized disclosure. Italianway will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
Third Party Content and Linked Sites
This Website may contain Content created by third parties or obtained from public sources and/or links to other web sites or webpages operated by third parties (the “Third Party Content and Linked Sites”). You agree that any link to another web site does not imply that Italianway is affiliated or associated with that site, or that the site is authorized to use any trademark, trade name, logo or copyright of, Italianway. Italianway does not control or monitor such Third Party Content and Linked Sites and makes no representation or warranty about any Third Party Content and Linked Sites, including any representation concerning the accuracy, security or reliability of any Third Party Content and Linked Sites. Italianway is not responsible for the content of any Third Party Content and Linked Sites.
Unless expressly stated, Italianway does not endorse any products or services offered by any company or person linked to the Website. Access to, and/or use of, any Third Party Content and Linked Sites is at your own risk and Italianway will have no liability to you for any loss or damage that you suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content and Linked Sites or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content and Linked Sites.
You may not create a link to the Website without first obtaining our prior written permission.
Disclaimer of Warranty
YOUR USE AND BROWSING OF THE WEBSITE AND “THIRD PARTY CONTENT AND LINKED SITES” IS SOLELY AT YOUR OWN RISK AND RESPONSIBILITY. THE WEBSITE, THE CONTENT AND ANY “THIRD PARTY CONTENT AND LINKED SITES” ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY ITALIANWAY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, ITALIANWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). ITALIANWAY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, THE CONTENT OR ANY “THIRD PARTY CONTENT AND LINKED SITES” WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. ITALIANWAY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THE WEBSITE, THE CONTENT OR “THIRD PARTY CONTENT AND LINKED SITES”, IN TERMS OF USE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITALIANWAY SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTIES, WHETHER OR NOT SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF ITALIANWAY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR ANY DAMAGE ARISING OUT OF USE OF THE WEBSITE AND/OR THE CONTENT AND/OR “THIRD PARTY CONTENT AND LINKED SITES”, INCLUDING BUT WITHOUT LIMITATION TO, ANY LIABILITY FOR (A) ANY LOSS OF OR CORRUPTION TO DATA, (B) ANY LOSS OF OR DAMAGE TO YOUR COMPUTER EQUIPMENT, HARDWARE OR SOFTWARE OR ANY DATA STORED OR CREATED BY YOUR COMPUTER EQUIPMENT, HARDWARE OR SOFTWARE, (C) ANY LOSS OR DAMAGE WHICH WAS NOT FORESEEABLE BY BOTH YOU AND US OR WHICH YOU DID NOT NOTIFY US MAY OCCUR IF WE BREACH THE TERMS OF USE, OR (D) ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR FAILING TO TAKE REASONABLE PRECAUTIONS AGAINST SUCH LOSS OR DAMAGE, SUCH AS THROUGH THE INSTALLATION OF REPUTABLE ANTI-VIRUS SOFTWARE.
In no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for lost profit, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless Italianway and its affiliates, subsidiaries, parent companies, employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against Italianway, its affiliates, subsidiaries, parent companies, employees, representatives, suppliers and agents, by a third party, arising out of content you submit, your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred in connection with any such claim, suit, action or proceeding.
International Users
Content published on this Website may refer to products or services that are not available in your country. Italianway makes no representation that this Website or the Content displayed on this Website are appropriate or available for use in any other jurisdictions or countries. If you access, use or download any Content from this Website from other jurisdictions, you do so at your own sole and exclsuive risk and you are responsible for complying with the laws of other jurisdictions. You may not use this Website or export any goods, products or Content in violation of US export laws and regulations.
Copyright Violations
Italianway respects the rights of all copyright holders and has adopted and implemented a policy that provides, in appropriate circumstances, for the takedown of material, that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Italianway with the following information:
a physical or electronic signature of a person authorized to act on behalf of the alleged copyright holder;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted infringements are alleged, a representative list of such works;
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 us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information should be addressed to info@italianway.us
Jurisdiction and Governing Law
Italianway operates this Website (excluding linked sites) from its offices within the state of Florida, United States of America. These Terms of Use and the Privacy Policy contain the entire agreement between you and Italianway relating to your use of this Website and the purchase of our products.
These Terms of Use and the Privacy Policy shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms of Use or the Privacy Policy.
Waiver
Any failure by Italianway to enforce any of its rights under these Terms of Use and the Privacy Policy and/or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms of Use shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions hereunder.