Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDIONS OF SALE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND SALE OF PRODUCTS THROUGH THIS WEBSITE.
These terms and conditions of use (the "Terms and Conditions"), are intended to set forth the basic terms and conditions between you and Italiantouch USA, Inc. or its affiliated companies (the "Company", "we", "our", or "us"). By accessing store.tods.com or any sub-component thereof (this "Website"),you agree to be bound by these Terms and Conditions.You agree that the Company may make agreements with you by electronic means and that such agreements are authentic and valid.
Material from this Website is protected by copyright and may not be copied,reproduced,distributed,republished,uploaded,posted,or transmitted in any way without the prior written consent of the copyright owner.
Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.
All trademarks on this Website are property of the Company unless otherwise indicated. The Company name, the terms TOD'S and all related names,logos,product and service names,designs and slogans are trademarks of the Company or its affiliates or licensors including TOD'S S.p.A. You must not use such marks without the prior written permission of the Company or its owners.All other names,logos,product and service names,designs and slogans on this Website are the trademarks of their respective owners.
Material on this Website is provided for lawful purposes only.
I. THIRD-PARTY HYPERLINKS
The appearance on the website of external hyperlinks to third-party sites, in any form,does not constitute endorsement by the Company or any of our subsidiaries and affiliates,of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency,completeness,or quality of the content contained at such sites. Furthermore,we are not responsible for the quality or delivery of the products or services offered,provided, accessed,or advertised by any third party.As such,neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third-party sites.
II. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, or access to, or the inability to use, any of the material on this Website. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to any content contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE COMPANY OR ANY THIRD PARTY.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
III. LIMITATION OF TIME TO FILE A CLAIM
IV. WAIVER AND INDEMNITY
BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION, TO WARN YOU,TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM,OR CONTEMPLATED BY THIS AGREEMENT.