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Terms of Use

TERMS OF USE

OF

DIBELLA’S OLD FASHIONED SUBMARINES, INC.

Acceptance of Terms of Use

The following terms and conditions (these “Terms of Use”) govern your access to and use of our website available at www.dibellas.com (the “Website”) or the DiBella’s Subs App (the “App”), including the services and products we offer on or through the Website or the App (the “Services”), whether as a guest or a registered user. These Terms of Use form a legally binding agreement between you as the user of the Website, the App and/or the Services (“you”) and DiBella’s Old Fashioned Submarines, Inc., a New York corporation (the “Company”, “we” or “us”). You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge.

Please read these Terms of Use carefully before you start to use the Website or App. By accessing the Website, the App or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and located at www.dibellas.com/privacy. We may also ask you to acknowledge your acceptance of these Terms of Use and our Privacy Policy through an electronic click-through. If you do not want to accept and agree to these Terms of Use or the Privacy Policy, you must not access or use the Website, App or Services.

In order to access this site, you affirm that you are either more than 18 years of age, or an emancipated minor, 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 these Terms of Use, and to abide by and comply with these Terms of Use.  Harassment of any kind on this Website or App is strictly forbidden, including but not limited to emails, chats, posts, or phone calls. We reserve the right to remove any content deemed inappropriate at our sole and complete discretion including anything that may be obscene, defamatory, abusive, or otherwise objectionable.  You are strictly prohibited from posting commercial content or solicitation for services on the Website or App.  Any violations of these Terms of Use or other agreements incorporated herein may result in the Company removing a user’s access. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website or App thereafter. Your continued use of the Website or App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page on a regular basis to ensure that you stay informed of any changes, as they are binding on you. You agree that posting notice of any changes on the Terms of Use page of the Website or App is adequate notice to advise you of any changes.

Accessing the Website or App and Account Security

As a condition of your access to and use of the Website, App or Services, you agree that you will comply with all applicable laws and regulations when using the Website, App or Services. You are also responsible for making all arrangements necessary for you to have access to the Website or App and ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all the information you provide on the Website or App is correct, current and complete. You agree that all information you provide to register with the Website or App or otherwise is governed by our Privacy Policy, which is incorporated herein by reference and located at www.dibellas.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, App or portions of it using your user name, password or other security information. You are responsible for maintaining the confidentiality of such information and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your user name or account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend the Website or App, and any service or material we provide on the Website or App, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users. We also will have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period.

Please be advised that to the extent that we provide any content from third parties, such content is provided for informational purposes only and we cannot and do not investigate the legitimacy, validity, accuracy and legality of that information. All such information is provided solely as a convenience to you. Additionally, please be aware that sometimes we provide access from our Website or App to other websites that are not under our control. We do not endorse or approve any products or information offered at sites you reach through our Website or App. These links may include the use of so-called “share links” or similar feature. A “share link” feature is a button and/or text link appearing on the Website or App that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Website or App onto social networking websites such as Facebook and Twitter. You are advised that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites. As a result, you are fully responsible for your own use of such websites including your use of share links to link our site and/or post its content.

Products, Content and Specifications

All features, content, specifications, products and prices of products described or depicted on the Website or App are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual graphic you see will depend on your computer system, and we cannot guarantee that your computer will accurately display our products at all times. From time to time there may be information on the Website or App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Website or App. The inclusion of any products on the Website or App at a particular time does not imply or warrant that these products will be available at any time.  In the unlikely event that an item for sale is listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price.  If an order has already been placed and charged, a credit for the item at the incorrect price will be processed.

Manner of Payment

If you wish to purchase any product made available through the Website or App, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that (i) any credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase of the Services, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. You understand and agree that you are charged at the time you place the order for products on the Website or App. You further understand and agree that the transaction for the purchase of products is final and complete at the time you are charged.

Intellectual Property Rights

The Website, App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company name and other Company marks, logos, product and service names, designs and slogans that we use in connection with the Services are trademarks, service marks or trade dress of the Company or its affiliates or licensors in the United States and other countries. You must not use such marks for any purpose without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website or App are the trademarks of their respective owners.

License and Access

The Website, App, any content on the Website or App and the infrastructure used to provide the Website or App are proprietary to us, our affiliates, merchants and other content providers. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website, App and Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website, App or any services or materials available through the Website or App. You are not permitted to, and you agree that you will not, copy, reproduce, sell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App without the express written consent of the Company, except that (a) computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and (b) you may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, App or any content on the Website or App is transferred to you, and all rights not expressly granted to you in these Terms of Use are reserved and retained by the Company or its licensors, suppliers, publishers or other content providers, as the case may be. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses; Monitoring and Enforcement

You may use the Website or App only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Website or App any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • Use the Website or App impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Use the Website or App to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us in our sole discretion, may harm the Company or users of the Website or App or expose them to liability.
  • Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
  • Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.

Online Purchases and Returns

All purchases through the Website, App or other transactions for the sale of goods formed through the Website or App or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use and located at www.dibellas.com/termsofsale.  If for any reason you are not satisfied with a purchase that you make from the Website or App, you may seek a refund for such product according to our refund policy included in our Terms of Sale.

Geographic Restrictions

The owner of the Website and App is based in the State of New York in the United States. We provide the Website and App for use only by persons located in the United States. We make no claims that the Website, App or any of its content is accessible or appropriate outside of the United States. Access to the Website or App may not be legal by certain persons or in certain countries. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, APP, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, APP, ITS CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OFFERED OR DISPLAYED ON THE WEBSITE OR APP OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, VALIDITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, APP OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, APP, THEIR CONTENT OR THE SERVICES, OR ANY PRODUCTS OBTAINED THROUGH THE USE THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD SUCH PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, (B) DELAYS OR DISRUPTIONS IN THE SERVICES, (C) DEFECTS IN GOODS, SAMPLES, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM YOU OR ANY THIRD PARTY THROUGH THE WEBSITE OR APP, (D) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SERVICES, (E) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND IN THE SERVICES, (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT DUE TO A BREACH OF THESE TERMS OF USE OR OTHERWISE IN ACCORDANCE WITH THESE TERMS OF USE, (G) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY USER OF THE WEBSITE, APP OR SERVICES, (H) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR AS A RESULT OF CHANGES TO THESE TERMS OF USE, (I) THESE TERMS OF USE, (J) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES OR (K) YOUR RELIANCE UPON THE WEBSITE, APP OR ITS CONTENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Regardless of the previous paragraphs, if the Company, its affiliates or any of their respective licensors, service providers, employees, agents, officers or directors are found to be liable, their aggregate liability to you or to any third party will be limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which were paid to the Company in the 12 months prior to the action giving rise to the liability, and (b) $100.

Disclaimer

This Website or App may provide educational and informational content but is in no way meant to be interpreted as medical advice or instruction.  Any questions or concerns regarding medical care, health issues, or product use should be directed to a licensed physician.   

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Website, App or the Services other than as expressly authorized in these Terms of Use, your breach of any representations and warranties made by you under these Terms of Use, any activity related to your account on the Website or App (including negligent or wrongful conduct) by you or any other person accessing the site using your such account or your breach of any law or the rights of a third party.

Electronic Communications

You consent to receive communications from us electronically, such as through e-mail or notices and messages on the Website or App. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices will be considered delivered to you and effective when sent to the e-mail address you provide on the Website, App or from which you otherwise e-mail us.

Governing Law and Jurisdiction

All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in [Monroe] County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website or App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or App.

Assignment

The Company will have the right to assign these Terms of Use (including all of its rights, titles, benefits, interests and obligations and duties hereunder) to any person or entity. You may not assign, in whole or in part, these Terms of Use to any person or entity. Any attempted assignment that does not comply with these Terms of Use will be null and void.

Survival

These Terms of Use which contemplate or govern performance or observance subsequent to the cancellation or termination hereof, or which by their nature should survive cancellation or termination, shall survive cancellation or termination hereof, including, without limitation, the terms set forth under the headings “Disclaimer of Warranties”, “Limitation on Liability”, “Indemnification” and “Governing Law and Jurisdiction”.

Your Comments and Concerns

The website is operated by DiBella’s Old Fashioned Submarines, Inc., a New York corporation, with its principal office at 180 Canal View Blvd., Suite 600, Rochester, New York 14623.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: feedback@dibellas.com.

 

Last Modified: October 10, 2020