Terms of Use - Robert Natali

Terms of Use

Terms of Use; Acceptance; Modifications

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER (the “Terms of Use”) CAREFULLY BEFORE USING THIS WEBSITE (the “Website”.) BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

These Terms of Use expressly incorporate the Company’s Privacy Policy (accessible by clicking here), as may be modified from time to time by the Company.

The Company reserves the right to change, add, or delete portions of these Terms of Use at any time. If we do so, we will provide you with notice by posting the change to the main page of the Website, by sending you an email, or by any other means we reasonably deem appropriate. Any such changes will become effective immediately upon posting to the Website, and the continued use of the Website by you after any changes have been made shall constitute your acceptance of such changes. Changes to these Terms of Use will also be indicated by an updated effective date posted on the applicable webpage. You will be deemed to have accepted these Terms of Use as amended if you continue to use the Website after any amendments are posted on the Website. 

Use of Site Materials

All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on this Website (the “Materials”) are protected by United States and international copyright law and other intellectual property laws and are owned by Robert Natali, LLC (the “Company”) or its licensors.

The Company grants you a limited, revocable, non-exclusive right and license to access and use this Website and the Materials for personal, noncommercial purposes for the sole purpose of placing an order with the Company, or using this Website as a shopping resource. This license does not include and strictly prohibits the following: any resale of this Website or its contents; any collection and use of any product listings, descriptions, prices, or other Materials other than as expressly authorized herein; any derivative use of the Website or any Materials; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms of Use, no Materials on this Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without the prior written permission of the Company. You must retain all copyright and other proprietary notices on all copies of the Materials. You agree to comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Materials.

 

 

 

 

 

 

 

 

 

Trademarks

All trademarks, service marks, trade names, and logos (collectively, the “Marks”) are registered and unregistered trademarks of the Company or its licensors. Nothing on this Website should be construed as granting any license or right to use any Mark displayed on this Website, except as required to engage in the permitted uses expressly stated in the Terms of Use. You may not otherwise use any Marks without the prior written permission of the Company.

User Accounts

Only you may use your RobertNatali.com user account, and you are responsible for all activity that takes place with your user account. Please keep your user name and password confidential. You must promptly notify us via e-mail at info@RobertNatali.com if your password is lost, stolen or used without permission. In such an event, we will change your password and update our records. Without limiting its other remedies, the Company reserves the right to terminate your user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

User Submissions

Any material, information, idea, or other communication you transmit to or post on this Website or to the Company by any means (“Communications”) will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company for any purpose whatsoever, including, but not limited to, developing and manufacturing products. The Company will have no obligations with respect to any Communications. The Company will be free to copy, disclose, distribute, incorporate, or otherwise use any Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that might give rise to any civil or criminal liability, as determined by the Company in its sole and absolute discretion.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY, the “Network”) MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE MATERIALS, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. THE COMPANY MAY MAKE ANY CHANGES TO THE WEBSITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES DESCRIBED ON THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR THE SERVICES. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL. PRICE AND AVAILABILITY INFORMATION ARE SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE.

CERTAIN STATE LAWS IN THE UNITED STATES 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

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, co-brand partners, and other parties with which the Company is under contract or affiliated, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, but not limited to, any attorneys’ fees and accounting fees, resulting from your use of this Website, violation of these Terms of Use or the Privacy Policy, your violation of any law or regulation, your violation of any proprietary or privacy right, or any and all content you submit to the Company whether through this Website or otherwise.

Links to Third Party Sites

This Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you, and do not constitute an endorsement or warranty by the Company of the content or accuracy of any External Sites or of the business practices of such other businesses, entities or individuals. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any External Site. If you visit any External Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should carefully review the privacy statements and other conditions of use on any External Site that you visit. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Governing Law; Arbitration

This Website, these Terms of Use, and our Privacy Policy will be governed by and construed in accordance with the laws of the State of Nevada, without regard to principles of conflicts or choice of law. The Company makes no representation that materials on this Website are appropriate or available for use outside of the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You and the Company agree that any dispute arising out of or related to the Website, your purchase of any goods or services from the Company, or these Terms of Use will be resolved by binding arbitration (an “Arbitration”) and not in court. The Federal Arbitration Act governs this Agreement.

THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SITE OR THE SERVICE AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.

Any Arbitration will be resolved before one neutral arbitrator working for ADR Services, Inc. (“ADR”), and any Arbitration will be held in ADR’s offices in or around Las Vegas, Nevada. To begin an Arbitration proceeding, you must do so in accordance with ADR’s arbitration rules then in effect, which will govern all aspects of the Arbitration, including payment of fees. Notwithstanding the foregoing, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the Arbitration.

YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. 

General

If any provision of these Terms of Use or the Company’s Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and the Company’s Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by the Company, in its sole discretion, to a third party. You may not assign your obligations to any other person or entity. 

Additional Terms for Purchases, Returns, and Shipping
If you make any purchases from the Company through the Website, additional terms located in the Company’s Purchases, Returns, and Shipping Policy (the “E-Commerce Policy”) will apply to your purchase. To the extent any such E-Commerce Policy terms contradict any provision of these Terms of Use, such E-Commerce Policy terms will control. The Company may update or change its E-Commerce Policy at any time. It is your responsibility to review the Company’s E-Commerce Policy in effect at the time of each of your purchases.

Effective Date: January 1, 2018