BDL USA INC

Terms and Conditions

Last updated: May 26, 2020

Please read these Terms and Conditions (“Terms”) carefully before using our Services. These Terms set out the rights and obligations of all visitors, users, and others regarding the use of the Services and form the entire agreement between you and the Company regarding your use of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then do not access the Services.  Our Services are intended for visitors and users over the age of 18. 

These Terms expressly incorporate the Privacy Policy.  Your access to and use of the Services are also conditioned on your acceptance of and compliance with the Privacy Policy. Please read our Privacy Policy carefully before using our Services.

Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms:

  • You means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to BDL USA INC, 6800 Owensmouth Canoga Park, CA 91303.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Device means any device that can access the Services such as a computer, a cellphone, or a digital tablet.
  • Services refers to products, information, and service offered on and through our Website, as well as through interactions with the Company in person or by delivery, through correspondence, and on the Website or social media.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Services.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
  • Website or Site refers to Bacio di Latte US, accessible from baciodilatte.us and baciodilatte-usa.com

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality contain intellectual property, including copyrights, trademarks, and trade dress, that is owned or controlled by the Company and will remain the exclusive property of the Company and/or its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and other countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Personal Use

Your use of the contents and materials included on this Site is for informational purposes and personal use only.  You agree not to distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents or materials of this Site in any way.  You acknowledge that the unauthorized use of the contents or materials from this Site could cause irreparable harm to the Company, and that in the event of an unauthorized use, Company shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance, in addition to any other remedy available at law or in equity. 

Limitations and Prohibited Activities

(a)   You will not introduce a virus or other harmful component, or otherwise tamper with, impair, or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site;

(b)   You will not distribute, publish, transmit, modify, display, or create derivative works from or exploit any of the Content available on this Site in any way;

(c)   You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);

(d)   You will follow all of these Terms, as well as all applicable laws, rules, and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;

(e)  You will only provide truthful, complete, and accurate information;

(f)  You will not impersonate or misrepresent your affiliation with another person or entity;

(g) You will not harass, threaten, or abuse any other person when using this Site in any manner;

(h)  You will not access, intercept, monitor, damage, or modify any data not intended for you or log into a server or account that you are not authorized to access;

(i)   You will not attempt to probe, scan, or test the vulnerability of the Company’s systems or network or breach the security or authentication measures without proper authorization;

(j)  You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;

(k)  You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and

(l)  You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; violates, or encourages any conduct that would violate, any appliable law or regulation or would give rise to civil or criminal liability; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not operated by us.  If you click on a third–party link, you will be directed to that third party’s site. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any such third-party sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party sites or services.

Termination

We may terminate or suspend your access to the Site and the Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms and Conditions.

Upon termination, your right to use the Services will cease immediately. Following any such termination of access, you will continue to be bound under these Terms to the fullest extent applicable. 

Indemnification

You agree to indemnity, defend, and hold harmless the Company, its officers, directors, employees, contractors, agents, licensors, and Service Providers from and against any claims, damages, costs, liabilities, and expenses (including but not limited to reasonable attorney’s or legal fees) arising out of or related to (i) your access to and use of this Site or the Services, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, including any copyright, trademark, trade secret, trade dress or privacy right, or (iv) your conduct in connection with the Site. 

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company (including its officers, directors, affiliates, agents, and employees) and any of its suppliers under any provision of this Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or

third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages.  Any claim or cause of action you may have with respect to this Site or the Services must be commenced within one (1) year after the claim or cause of action arose.  Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Governing Law

The laws of the state of California, excluding its conflicts of law rules, shall govern these Terms and your use of the Services.   Any dispute arising from these Terms or from any other use of this Site or the Services shall be resolved in accordance with the laws of the state of California and the prevailing party, as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.

Dispute Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.  You may send an email with the details of your concern to hello@baciodilatte.us.

Severability

If any provision of these Terms is held to be illegal, unenforceable, or invalid, such provision will be severed from the remainder of the Terms and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions.

Waiver

Except as provided herein, the failure by the Company to exercise any right, power, privilege, or remedy, or to require performance of an obligation under this Terms shall not constitute a waiver thereof.  No modification or waiver of any provision of these Terms shall be deemed to have been made unless made in writing.  .

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify, replace, or terminate these Terms or the Site, temporarily or permanently, at any time and without prior notice. We will post changes to these Terms on this Site, with an effective date. 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email at Hello@baciodilatte.us