You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.
Ownership of Content. Our Site includes a combination of content that we and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, are owned by the us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part unless it happens incidentally and temporarily during and as part of your access of Our Site. If you would like to request permission to use any of the Content on the Site, please contact us at customerservice@M.Bottiglieri.com.
M. BOTTIGLIERI and the ladybug design and other logos are trademarks owned by M. Bottiglieri and may not be used or displayed without the prior written consent of M. Bottiglieri. Other trademarks, service marks and company names and logos appearing on the Site are the property of M. Bottiglieri, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
Site Directed at United States Visitors. The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Product Information. Merchandise displayed on the Site may be available in select M. Bottiglieri stores (including, without limitation, the Site) or department stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available for purchase. M. Bottiglieri tries to maintain accurate information on the Site regarding product availability, size and pricing, however, M. Bottiglieri does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and M. Bottiglieri cannot guarantee that your monitor’s display of any color will be accurate.
Site Transactions. M. Bottiglieri reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by M. Bottiglieri). M. Bottiglieri further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, M. Bottiglieri will attempt to notify you of such cancellation or change; however, M. Bottiglieri does not guarantee that you will receive such notice. Please keep your email and contact information up to date to ensure that we can reach you, it is a condition for your continued use of Our Site.
Disclaimers. We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Limitation of Liability. IN NO EVENT SHALL M. BOTTIGLIERI OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Our Address. Please send any questions or comments regarding this Site to:
M. Bottiglieri, LLC
252 West 38th Street
New York, NY 10018
Attn: Customer Service