Thank you for visiting www.jamescoviello.com and shop.jamescoviello.com (hereinafter referred to as the “Site” or "Sites"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THE SITES. This notice is issued by James Coviello Inc. (“James Coviello”, “we”, "us").
Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the “Terms”). Whether or not you choose to register on the Site, your continued access to our Site indicates that you agree to comply with and be bound by these Terms. If you do not accept the legal notices in full, you must leave the Site immediately. James Coviello may make modifications to these Terms at any time, and your continued use of the Site following such changes shall signify your agreement to be bound by the modifications. We may revoke your right to use the Site in the event that we know or reasonably suspect you are in breach of these Terms.
Copyright Trade Marks and Other Intellectual Property Rights
This Site and its contents are protected by copyright, trade marks and/or other intellectual property rights. The content of the Site is the property of James Coviello or is used with the permission of its owners. Such content includes, but is not limited to, all photographs, images, illustrations, texts, video clips, audio clips, logos, trade marks, graphics and other materials appearing on the Site, as well as the software used for the design and function of the Site. The “James Coviello” name and brand, logos and all other James Coviello related marks appearing on this Site, whether registered or not, are the property of James Coviello. All rights are reserved worldwide.
The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any content or software gives you no right, title or interest with respect to such content or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the content of this Site, including its reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without James Coviello's prior written consent, is strictly forbidden.
You hereby represent and warrant that none of the Correspondence you submit will infringe the rights of a third party, including but not limited to, copyright, trade marks, patents, trade secrets, privacy or any other personal or property rights.
By submitting Correspondence, you acknowledge that James Coviello may (but is not obliged to) copy, publish, disseminate or use the Correspondence for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without reference to you and without any compensation being payable to you or any other person. Any such Correspondence by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
This Site may contain links to other third party sites. James Coviello shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way implies that James Coviello endorses those sites or any material on those sites. Any question or comment concerning any other site must be sent to that site’s operator.
We make every attempt to represent color as accurately as possible on the Site. However, we cannot guarantee the accuracy of your display due to discrepancies that exist in monitor display settings and performance.
The content of this Site may contain inaccuracies or typographical errors. James Coviello shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Site. It is up to you to assess the information and any other content available on or through the Site. The Site and the information and articles appearing on it are liable to be modified at any time, without notice or advance warning.
This Site and its contents are provided on an “as is” and “as available” basis. We do not warrant or represent that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Site, and you agree to hold James Coviello harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implied warranties, some or possibly all of the above disclaimers may not apply to you.
Disclaimer of Liability
James Coviello shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Site owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
James Coviello shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation if the same is wholly or partly caused by circumstances beyond its reasonable control.
Representations and Warranties
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms.
You hereby agree to defend, indemnify and hold harmless James Coviello, its subsidiaries and affiliated companies as well as their representatives, directors, employees and shareholders from and against any lawsuit, damages, losses, costs and expenses, including but not limited to any reasonable lawyers’ fees and legal costs ensuing from or connected to your use of this Site.
Use of this Site and any dispute between us shall be governed by the laws of the State of New York and you agree to submit to the jurisdiction of and venue in, the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.