TAZZETTO COFFEE USA, LLC – Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONTAINS A DISPUTE RESOLUTION CLAUSE. BY UTILIZING WWW.TAZZETTO.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TAZZETTO COFFEE USA, LLC ("Tazzetto") offers Italian roasted coffee whole bean and ground products, espresso point compatible capsules and e.s.e podsand other coffee related accessories (“Tazzetto Products”). This website gives you (“Tazzetto User”, “You” or “Your”), among other things, the ability to purchase various Tazzetto Products directly from Tazzetto and submit certain content on www.Tazzetto.com (“Tazzetto Website”). Tazzetto periodically updates features and adds new ones depending on market conditions and other factors.
These Terms and Conditions relate to the use of the Tazzetto Website and the Tazzetto Products. By accessing the Tazzetto Website and/or purchasing the Tazzetto Products, You agree to be bound by these Terms and Conditions. In the event that Tazzetto updates these Terms and Conditions, your use of the Tazzetto Website/Tazzetto Products following the update shall be deemed as your acceptance of, and You will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at www.Tazzetto.com.
1. Content Ownership. You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Tazzetto Website are the sole responsibility of the person or organization from whom such Content originated. You also understand that Tazzetto does not control and is not responsible for Content made available through the Tazzetto Website, and that by using the Tazzetto Website, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the Tazzetto Website and Content made available through the Tazzetto Website may contain links to other web sites that are completely independent of Tazzetto. Tazzetto makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Tazzetto be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Tazzetto Website. You understand and agree that any uploading or posting will be at your sole risk and Tazzetto Website shall not be responsible to you in any way. Further, Tazzetto Website does not provide any warranty as to your use of third-party content or software that you obtain from the Tazzetto Website. You are also fully responsible for any Content you post on the Tazzetto Website and to the consequences of any such Content. Although Tazzetto does not claim ownership of Content that its users post, by posting Content to the Tazzetto Website, you automatically grant, and you represent and warrant that you have the right to grant, to Tazzetto an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Tazzetto, in its sole discretion, may delete any Content for any reason.
2. Intellectual Property. Title to the intellectual property rights owned or otherwise utilized by Tazzetto and/or Tazzetto’s affiliated entities, including, but not limited to its patents, patent applications, processes, registered and common law trademarks, service marks, trade names, trade dress, symbols, slogans, emblems, logos, insignias, copyrights, trade secrets and combinations of the foregoing will always remain the property of Tazzetto. All of the information contained in the Tazzetto Website is the property of Tazzetto and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
3. Tazzetto User Representations. By utilizing the Tazzetto Website You hereby represent, acknowledge and agree that:
(i) You will not modify, rent, release, lend, sublicense or otherwise redistribute the Tazzetto Products, in whole or in part, to any other person or entity;
(ii) You will not create or permit others to create, by reverse engineering or otherwise, products or services similar to those offered by Tazzetto or any part thereof;
(iii) The Tazzetto Website will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the Tazzetto Products;
(iv) While utilizing the Tazzetto Websites, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
(v) You will not interfere with or disrupt the Tazzetto Website, Tazzetto’s servers or Tazzetto’s networks connected to the Tazzetto Website or any other website connected with your use of the Tazzetto Products; and
4. Prohibited Content upon Submission. The Tazzetto Website may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
(x) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Product Deliver. All Tazzetto Products are delivered through a shipment contract. The risk of loss for any Tazzetto Products passes to You upon delivery to the carrier. You are responsible to file any claims directly with the carrier in the event the Tazzetto Products are lost, stolen or damaged. We will use the shipping address you provide upon your order.
6. Return Policy. [see our return policy page].
7. Usernames and Passwords. You will be responsible for any and all transactions that take place by a user who gains access to the Tazzetto Website and acts on your behalf utilizing Your user name and password. Tazzetto will accept the instructions of any individual who claims to be authorized to direct changes to Your account if that individual presents Your username and password or provides other accurate account information acceptable to Tazzetto, in its sole discretion. Tazzetto will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event You become aware of any unauthorized use of Your account, You agree to notify Tazzetto immediately.
8. Termination. We may terminate You and your access to the Tazzetto Website for any or no reason.
9. Indemnification. You hereby agree to indemnify Tazzetto, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by Tazzetto as a result of any claim made by a third party arising out of your use of the Tazzetto Website, in connection with the Tazzetto Products, your violation of these Terms and Conditions and violation of any rights of a third party. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys' fees finally awarded against Tazzetto in such action which are directly attributable to such claim. By utilizing the Tazzetto Products, You hereby grant to Tazzetto a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to Tazzetto in connection with the Tazzetto Products.
10. Warranty. Tazzetto does not warrant that the operation of the Tazzetto Website will be uninterrupted or error-free, or that the Tazzetto Website will be immune from fraudulent intrusion and/or unauthorized use or disclosure. Tazzetto does not make any claims or warranties as to the results that may be obtained from utilizing the Tazzetto Products. You assume all responsibility for assuring the proper and lawful use of the Tazzetto Website and Tazzetto Products and all liability for any improper or unlawful use of the Tazzetto Products and Tazzetto Website. You assume all liability, which may arise in connection with any person or entity's use of the Tazzetto Products and Tazzetto Website. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, TAZZETTO OFFERS THE TAZZETTO PRODUCTS AND THE TAZZETTO WEBSITE “AS IS” WITH NO WARRANTIES OF ANY KIND. TAZZETTO SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF TAZZETTO AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS: (i) NEITHER TAZZETTO, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF TAZZETTO, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) TAZZETTO'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and Tazzetto will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that Tazzetto has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the Tazzetto Products are utilized in violation of these Terms and Conditions. In the event that Tazzetto is required to respond to a third party or law enforcement subpoena that is related to Your use of the Tazzetto Products, Tazzetto may require You to reimburse Tazzetto for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. Tazzetto may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of Tazzetto and/or any person or entity affiliated with Tazzetto; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
13. Miscellaneous. Tazzetto may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and Tazzetto. All notices to be given to Tazzetto in connection with these Terms and Conditions shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, or by a nationally recognized overnight courier addressed to Tazzetto Coffee USA, LLC, 4202 Austin Boulevard, Island Park, New York 11558, with a copy to: The Internicola Law Firm, P.C., Attn: Brian A. Lincer, Esq., 1000 South Avenue, Staten Island, New York 10314, or at such other address hereafter made known to the other party. All notices to You may be effectuated by e-mail message at any e-mail address previously provided to Tazzetto by You. You shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from Tazzetto. Any notice given as provided in these Terms and Conditions shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New York and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of New York, City and State of New York.
By clicking the "I ACCEPT" button, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to Tazzetto is true and accurate. In addition, by clicking the “I ACCEPT” button, You authorize TAZZETTO COFFEE USA, LLC to charge the amount due to TAZZETTO COFFEE USA, LLC on the credit card provided by You.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the Tazzetto Website, please contact Tazzetto by email at email@example.com
Copyright ©2016, TAZZETTO COFFEE USA, LLC All Rights Reserved.
TAZZETTO TAC. Version 2016.07.12