Bacio di Latte Terms and Conditions
Last Updated: November 22nd, 2023
Bacio di Latte Terms and Conditions
Last Updated: November 22nd, 2023
IMPORTANT NOTICE: These Terms and Conditions are subject to binding arbitration and a waiver of class action and jury trial rights as detailed in the Dispute Resolution section below.
Welcome to Bacio di Latte! You have reached a website and/or its subdomains (the “Site”) that is owned and operated by BDL USA, Inc. and/or its affiliates, related entities, divisions, subsidiaries, or parent companies (“Bacio di Latte,” “we,” “our,” or “us”). Please read these terms carefully. These Terms form a contract between you and Bacio di Latte. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms and Conditions (“Terms and Conditions” or “Terms”). If you do not agree with these Terms and Conditions, your sole remedy is to stop using the Site and our Services. This site is intended for Users in the United States only.
From time to time, Bacio di Latte may decide to modify, add, or delete portions of these Terms and will post those changes here. If Bacio di Latte does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Bacio di Latte reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Bacio di Latte further reserves the right to suspend or terminate the Services for any reason or at any time.
3. Additional Terms and Conditions
In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.
4. Consent to Electronic Communications
By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that Bacio di Latte sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at Hello@baciodilatte.us.
5. Third Party Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
6. Prohibited Conduct
You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or the Services;
- Collect or store personal data about other users of the Site or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity conducted on the Site or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Take any action that imposes an unreasonable or disproportionately large load on Bacio di Latte’s network or infrastructure;
- Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Bacio di Latte’s or its users’ computers or systems;
- Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
- Violate, or encourage any conduct that would violate, any applicable law or regulation;
- Engage in fraud or misuse of the Services;
- Cause damage, embarrassment or adverse publicity to Bacio di Latte; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.
Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We reserve the right to investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. We reserve the right to suspend or terminate our access to the Site or the Services for any or no reason at any time without notice.
Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
8. Placing Orders for Goods
By placing an order for goods through the Site, you warrant that you are legally capable of entering into binding contracts. Our goods and Services may not be available in all areas.
If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your ordering, including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply us is true, correct and complete.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of goods. The goods available on our Site or in our stores may occasionally be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the Site in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Bacio di Latte reserves the right to revise its prices at any time prior to accepting an order.
The prices quoted online or in our stores may be revised by Bacio di Latte after accepting an order if events occur that affect delivery, such as those caused by government action, variation in customs duties, increased shipping or delivery charges, higher foreign exchange costs, and any other matter beyond the control of Bacio di Latte. In that event, you will have the right to cancel your order.
All goods purchased are subject to a one-time payment. Payment can be made through our third-party payment processors such as Square, Stripe, Apple Store In-App Payments, Google Play In-App Payments, and PayPal for our online transactions.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- Unavailability of Goods
- Errors in the description or prices for Goods
- Errors in your order, including incorrect address or payment information
We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
In general, because of the perishable nature of our products, all sales are final, and you will not ordinarily be entitled to a refund, cancellation, or return of any goods you purchase. If a return, cancellation or refund is available (for non-perishable items), it must be requested in accordance with these Terms.
Your right to cancel an order only applies to non-perishable goods that are returned in the same condition as you received them. You should also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased goods while they are in your possession.
We will reimburse you no later than 14 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.
You will not have any right to cancel an order for the supply of any of the following goods:
- Goods made to your specifications or clearly personalized.
- Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the expiration date has passed.
- Goods which are not suitable for return due to health or safety reasons, or that were unsealed after delivery.
- Digital goods and downloads.
9. Account Creation
To access and use the Services, we or a third party may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. Bacio di Latte will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.
10. Use of Account; Risk of Loss
Bacio di Latte reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use a Bacio di Latte customer account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Services. You also agree to use your account only for a lawful purpose. You may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Site by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Bacio di Latte’s systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage or otherwise disable Bacio di Latte or any of its servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.
11. Submitted Materials
Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Bacio di Latte should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Bacio di Latte does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the website). You remain fully responsible for the materials or submissions that you provide to use, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant Bacio di Latte a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Bacio di Latte any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Bacio di Latte any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Bacio di Latte to use Submitted Material as permitted by the license in this Section.
In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
You agree not to provide Submitted Material that:
- Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
- Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
- Violates a third party’s right to privacy or publicity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
- Contains epithets or other language or material intended to intimidate or incite violence;
- Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
- Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
- Violates any applicable local, state, national or international law, or advocates illegal activity.
Since Bacio di Latte does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Bacio di Latte be liable in any way for Submitted Material made available through the Site or social media by you or any third party.
12. Intellectual Property
This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, Bacio di Latte or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Bacio di Latte.
Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until Bacio di Latte gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Bacio di Latte name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Bacio di Latte’s prior written approval.
For permission to use Content from this Site or from marketing material authored and distributed by Bacio di Latte, you must request written permission in advance and provide full attribution. Permission should be requested by contacting Hello@baciodilatte.us or https://baciodilatte.us/contact/.
You agree to defend, indemnify, and hold harmless Bacio di Latte, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, BACIO DI LATTE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL BACIO DI LATTE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BACIO DI LATTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BACIO DI LATTE’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, BACIO DI LATTE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BACIO DI LATTE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISIFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
If you have a dispute with us or one or more users of the Site or the Services, you release Bacio di Latte (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Bacio di Latte reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms and Conditions by discontinuing your use of the Services and access to the Site. Bacio di Latte also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
19. Applicable Law; Jurisdiction
These Terms and Conditions will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.
20. Dispute Resolution; Arbitration and Class Action and Jury Trial Waiver
Both you and Bacio di Latte understand that you are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Bacio di Latte will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that Bacio di Latte is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms (e.g., intellectual property claims) pending a final arbitral decision, and you and Bacio di Latte understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any of these disputes that exempt from arbitration shall be filed only in the state and federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You may not assign any rights granted to you or delegate any of your duties hereunder, and any attempt to do so is void and of no effect. Bacio di Latte may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms and Conditions. Nothing in this Agreement constitutes a partnership or joint venture between you and Bacio di Latte. Bacio di Latte does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interrupted by numerous factors outside of its control. Bacio di Latte’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and Bacio di Latte with respect to the subject matter hereof. Sections 6 (Prohibited Conduct); 7 (Security); 10 (Use of Account; Risk of Loss); 11 (Submitted Materials); 12 (Intellectual Property); 13 (Indemnification); 14 (Disclaimers); 15 (Limitation of Liabilities); 1 (Re6lease); 18 (Severability); 19 (Applicable Law; Jurisdiction); 20 (Dispute Resolution; Class Action and Jury Trial Waiver) and 21 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.
22. ADA Compliance Suggestions
We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call 818-444-6603 or email us at Hello@baciodilatte.us with “Website Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. You may also view our accessibility options by clicking the icon in the lower right of any webpage on our website. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
23. Contact Us
If you have questions about these Terms or the Services, you may contact us:
Phone number: 818-444-6603
BDL USA, Inc.
6800 Owensmouth Avenue
Canoga Park, CA 91303