Ship to: USA
0

AMAFFI NEW YORK LLC

TERMS OF WEBSITE USE

Last Updated: 02/16/2021

These are the terms of use (the "Terms of Use") for your use of services or features on the site at https://www.amaffi.com/ (such services and features, together with the site, the "Website") owned and controlled by Amaffi New York Limited ("Amaffi", "we", "us" or "our") whether you are a guest or a registered user (also "you", "your," or "their"). Use of our Website includes accessing, browsing, or registering to use our Website. You may be accessing our Website from a computer or mobile phone or other portable device, and these Terms of Use, and as applicable, our Terms of Sale [link],govern your use of our Website and your conduct, regardless of the means of access.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube (the "Third Party Sites"). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that Amaffi does not own or control, or to the actions of people that Amaffi does not employ or manage. You should always check the terms of use posted on Third Party Sites.

The Website and services offered thereby are not directed to minors under the age of eighteen (18). Consistent with applicable law, we do not knowingly collect personal information from minors under the age of eighteen (18) without the consent of their parent or guardian. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors under the age of eighteen (18) without such consent, upon proper notice, authority, and necessary confirmation of such, we will promptly delete it.

By accessing or using the Website, creating an account, and/or completing a purchase with us in accordance with our Terms of Sale, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. When accessing or using the Website or making a purchase, you may be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms of Use. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

You acknowledge and agree that these Terms of Use and the accompanying Terms of Sale, as applicable, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.By proceeding to use our Website, you confirm that you accept these Terms of Useand our Terms of Sale and that you agree to comply with them. Please read these Terms of Use carefully before you start to use our Website.

IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE OUR WEBSITE.

Products and Services for Personal Use

The services available on the Website, including purchasing products we offer for sale ("Products"), and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

Accuracy of Information

Amaffi takes reasonable steps to ensure the accuracy of the information included in the Website. However, Amaffi takes no responsibility for errors or omissions in the content of the Website and does not guarantee the accuracy, completeness, or timeliness of information provided on the Website. Information provided on the Website is subject to change at any time without prior notice.

For some of our services, including purchasing Products, you may need to or be able to register an account with us via our Website. To use such services on the Website and/or register, you must represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website, and also provide certain identifying and shipping information including your address and billing information, and a valid email address.

All information that you provide to Amaffi or its vendors, agents, associates, or partners, including your credit card information, is subject to our Privacy Policy [link] or the respective third party policy. You are responsible for keeping your information up to date through the account management options on the Website. Each account and the rights and privileges provided to account holders is personal and non-transferable. You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms within our services ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; (e) and to notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your user account.

Intellectual Property

The Website is owned and operated by Amaffi. The content, visual interfaces, information, graphics, design, compilation, computer code, Products, software, services, Website, and all other elements provided by Amaffi ("Amaffi Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Amaffi Materials are the proprietary property of Amaffi or its subsidiaries or affiliated companies and/or third-party licensors. All trademark, service mark, and trade name rights are proprietary to Amaffi or its affiliates and/or third-party licensors. Except as expressly authorized by Amaffi, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the Amaffi Materials.

As between you and Amaffi, you agree Amaffi and/or its worldwide affiliates own all right, title, and interest in and to the Amaffi Materials on the Website (including on social network websites).

Any modification or use of the Amaffi Materials by you for any purpose not explicitly permitted is a violation of Amaffi's copyright and other proprietary rights.

No part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner whatsoever, except for personal viewing purposes, without the prior written consent of Amaffi. This prohibition also includes framing any content from the Website, as well as unauthorized linking.

Your Obligations and Responsibilities

In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, appropriate custom, and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Amaffi or its products or services or personnel. You may not use the Website for commercial purposes. No unsolicited email (spam) or advertising or promotional materials may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store, or destroy (through viruses or any other computer code, files, or programs which might in any way interrupt, limit, or interfere with the Website or Amaffi’s business) material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive, or hateful. You agree that you will abide by any Third Party Sites' policies and terms necessary in using our Website.

In order to access certain services via the Website, you may be required to provide specific information. All information about you must be truthful. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy [link].

IF YOU ACT OR DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO AMAFFI, OUR AFFILIATES, PARTNERS, OR LICENSORS.

Links to Other Websites

These Terms of Use apply to our Website, which may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Website and may or may not have open investment positions in those businesses. The Website may include links to and from the websites of our partner networks, advertisers, and affiliates, including links to Amaffi’s presence on third party social media sites or pages. If you choose to use these links, you will leave this Website. Amaffi does not control these linked pages or websites and is not responsible for the availability of these websites or their content, including, without limitation, their advertising, products, services, or any other material available on or from these websites. Please be sure to review the terms of use and privacy policies provided by the owners and operators of those websites. Amaffi does not endorse or make any representation about these websites, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the websites linked to on this Website, you do this entirely at your own risk.

The Website may include features or functionality that interoperate with online services operated by third parties (such services, "Third-Party Services"), pursuant to agreements between Amaffi and the operators of such Third-Party Services (such agreements, "Third-Party Agreements" and such operators, “"Operators") or through application programming interfaces or other means of interoperability made generally available by the Operators ("Third-Party APIs") which Amaffi does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. Amaffi shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Website in connection with any Third-Party Service complies with all agreements, policies, terms, and rules applicable to such Third-Party Services.

You also assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Website. You acknowledge and agree that Amaffi is not responsible and shall have no liability for the content of such third party sites and services, products, or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.

Disclaimer of Warranties; Limitation of Liability

THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS". NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE OR ITS CONTENTS, PRODUCTS OR SERVICES.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM OTHER WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN WEBSITE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless, Amaffi, its affiliates, parent, and our respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

User Communications

As a registered user of Amaffi, you consent to receive communications from Amaffi electronically, and agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable e-mail correspondence. You cannot opt-out of certain e-mails regarding transactions you enter into with us.

We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Our Website may also allow users to create, upload, and share information in connection with the Website. The Website may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others ("User Content"). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our service any of the following:

·         User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);

·         User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law; User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

·         User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;

·         User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Website or services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

·         User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

·         User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and

·         User Content that attempts to disrupt the Website or our services.

We may from time to time provide interactive services on our Website, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Ownership of Feedback, Testimonials, User Content; User Warranty and Indemnification

You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations ("Feedback") to us. You hereby agree that Amaffi alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provided to Amaffi in any media regarding Amaffi Materials, and accordingly hereby assign such to Amaffi without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.

From time-to-time, Amaffi may permit end-users to submit reviews and testimonials regarding certain of the products made available by us, as well as biographical information associated with such end-users (collectively "Testimonials"). By submitting a Testimonial, you irrevocably grant to Amaffi the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to Amaffi that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Amaffi provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of Amaffi; (c) you are not an immediate family member of an employee, officer or director of Amaffi; and (d) you are not living in the same household with an employee, officer, or director of Amaffi. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Amaffi shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Amaffi from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Amaffi shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Amaffi.

You also hereby grant Amaffi a nonexclusive, royalty-free, full-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to Amaffi on or in any and all media (now known or hereafter developed) as Amaffi deems necessary to its business.This license survives termination of these Terms of Use. We reserve the right, and have absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our service, at your sole cost and expense.

You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share User Content in accordance with these Terms of Use and (b) no User Content, when used by Amaffi, infringes upon or violates any other party’s intellectual property rights, privacy, publicity, or other proprietary rights.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMAFFI AND, IF RELEVANT, ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO OUR PRODUCTS, ANY USER CONTENT, OR YOUR BREACH OF THESE TERMS OF USE. Your indemnification obligations under this Section are contingent upon: (a) Amaffi providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) Amaffi providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain Amaffi's written consent prior to entering any settlement which admits guilt or culpability on the part of Amaffi or requires Amaffi to take any action (such consent not to be unreasonably withheld).

Copyright Complaints

If you believe that anything on our Website infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Marketing Department

Full address of Designated Agent to which notification should be sent: 44 East 57th Street New York, NY 10019

Telephone Number of Designated Agent: (917) 952-0471

E-Mail Address of Designated Agent: [email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Mobile Services

If you access the Website via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

Damage to Your Computer

Amaffi makes every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it (including Third Party Sites) will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. Amaffi will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Notice of Residents of New Jersey

Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law will govern.

Disclosures / Contact Information

The Website is operated byAmaffi New York Limited. Amaffi can be conracted via email at: [email protected] If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

Applicable Law and Competent Courts

These Terms of Use are governed by New York law. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in the City of New York, State of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

Class Action Waiver

YOU AND AMAFFI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

International Access

The Website may be accessed from countries other than the United States. However, the Products and services may be only available for sale within the continental United States and U.S. territories. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. We make no representation that any part of the services or Products offered are appropriate or available for use in other locations. You may not download, use, export, or reexport any content posted on or through the Website or any software or products utilized or available in connection with the Website in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.

Notice

Except as explicitly stated otherwise, legal notices shall be served by a user on Amaffi's national registered agent, or by Amaffi to the email address you provide to us during any account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Services. In such case, notice shall be deemed given three (3) days after the date of mailing.

Violations; Termination

You agree that Amaffi, in its sole discretion and for any or no reason, may terminate any Amaffi user, member, or customer account (or any part thereof) or your use of the services, at any time. Amaffi may also in its sole discretion and at any time discontinue providing access to the services, Website, or any part thereof, with or without notice. Amaffi does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Website, services, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Website and/or terminate accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.

You agree that any termination of your access to the Website, services, or any account you may have with us or portion thereof may be effected without prior notice, and you agree that Amaffi shall not be liable to you or any third-party for any such termination. Amaffi does not permit copyright infringing activities on the Services, and reserves the right to terminate access to the Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities.

Amaffi also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Amaffi, its users, and the public. Amaffi also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.

These remedies are in addition to any other remedies Amaffi may have at law or in equity. You agree that Amaffi shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms of Use.

Claims

YOU AND AMAFFI AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST AMAFFI ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Changes and Updates

Amaffi may make changes to or discontinue any of the media, contests, content, products, or services available via the Website at any time, for any reason, and without notice. Amaffi makes no commitment to update the media, contests, content, products, or services on the Website.

Occasionally there may be information on the Website that contains errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. This Website may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. The Amaffi Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from Amaffi. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the Amaffi Materials. Any reliance on the Amaffi Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Amaffi reserves the right to change or modify any of the terms and conditions contained in these Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Website and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website.

Force Majeure

Amaffi is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms of Use, for any failure to perform or delay in performing its obligations under these Terms of Use due to an event of force majeure. An event of force majeure is any event or circumstance beyond Amaffi's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease (including, but not limited to, COVID-19), and/or quarantine, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use.

Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Assignment

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Amaffi without restriction.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof.

Privacy

For information and notices concerning our collection and use of your Personal Information, please review our Privacy Policy. Please note that our Privacy Policy is incorporated into our Terms of Use.

We may electronically monitor areas of the Website and may disclose any content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Website; or (c) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Website.

Entire Agreement

These Terms of Use, including the recitals hereto, as may be revised or supplemented via Guidelines, our Terms of Sale, or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein.

Contact Us

If you have any question relating to these Terms of Use or the Website, you may contact us by email at [email protected]

Privacy Preference Center