DIBELLA’S OLD FASHIONED SUBMARINES, INC.
Accessing the Website or App and Account Security
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.
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
Prohibited Uses; Monitoring and Enforcement
- 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.
Online Purchases and Returns
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
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.
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.
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
Waiver and Severability
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: email@example.com.
Last Modified: October 10, 2020