1. Copyright, Trademarks, Licenses and Idea Submissions.
The entire contents of the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks, and logos contained therein are owned by or licensed to Gionino’s. All contents of the Website are protected by United States copyright and trademark laws. . YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Gionino’s a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups) or by e-mail to Gionino’s by all means and in any media now known or hereafter developed. You also grant to Gionino’s the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Gionino’s for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Gionino’s.
Publications, products, content or services referenced herein or on the Website are the exclusive intellectual property of Gionino’s and may contain copyrights or of trademarks owned or licensed by Gionino’s. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
2. Use of the Website.
You understand that, except for information, products or services clearly identified as being supplied by Gionino’s, Gionino’s does not operate, control or endorse any information, products or services on the Internet in any way. Except for Gionino’s- identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with Gionino’s a. You also understand that Gionino’s cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
In order to access some features of the Website, including online ordering from Gionino’s, you will have to create an account. Others must have permission to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Gionino’s immediately of any breach of security or unauthorized use of your account. Although Gionino’s will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gionino’s or others due to such unauthorized use of your account.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. GIONINO’S PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GIONINO’S SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. GIONINO’S DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE ILLEGAL, DEFAMATORY, OBSCENE, SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE OR OBJECTIONABLE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GIONINO’S HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL GIONINO’S BE LIABLE FOR (I) ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR ERRORS, MISTAKES, AND INACCURACIES OF CONTENT AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF GIONINO’S OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GIONINO’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Gionino’s makes no representations whatsoever about any other website which you may access through this one or which may link to this Website. When you access a website not owned by Gionino’s, please understand that it is independent from Gionino’s Website , and that Gionino’s has no control over the content on that website. In addition, a link to a Gionino’s Website does not mean that Gionino’s endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless Gionino’s, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Gionino’s and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
You affirm that you are either more than 13 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 13 years of age, then please do not use the Website.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America and the state of Ohio. You agree that any legal action or proceeding between Gionino’s and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Summit County, Ohio. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Gionino’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Agreement and any rights granted within the Agreement may not be transferred by you. Gionino’s may assign its rights and duties under this Agreement to any party at any time without notice to you.
If you have any additional questions about the Agreement, please feel free to contact us at any time at our customer feedback link at www.gioninos.com.
Any rights not expressly granted herein are reserved.