Website Terms of Use
VERSION UPDATED AT MAY 2019
Welcome to Lavazza’s US website (the “Site”). These terms and conditions (the “Terms”) apply to use of the Site.
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR USE ANY OF ITS SERVICES. If you access or use the Site, you accept and agree to be bound by these Terms and Conditions as well as our separately posted Privacy Policy
This Site is owned and operated and its wholly-owned by Lavazza North America Inc (together as “Lavazza”, “LNA”, “we”, “our”, or “us”). The Site provides information about Lavazza products and offers the opportunity to obtain additional information about the products or to purchase them.
This Site is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are at least 18 years old and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Lavazza reserves the right to revise the Terms from time to time, with or without notice, to meet changes in relevant laws and regulations or in our business practices. Such revisions shall be effective upon posting on the Site. Your continued use of the Site will constitute acceptance of such revised Terms and be subject to the then-current Terms. We therefore invite you to periodically consult this page to review the Terms and Conditions and separately our Privacy Policy for any updates or revisions. If you do not accept the then-current Terms, please discontinue your access and use of the Site.
1. ACCESS AND USE OF THE SITE
1.1 You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.
1.2 You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products through it.
1.3 Lavazza may modify, update, discontinue, suspend, or withdraw any or all parts of the Site at its sole discretion and without notice to you. Lavazza shall not be liable to any user or other third party for any such modification, update, discontinuance, suspension, or withdrawal. Subject to full compliance with these Terms, Lavazza grants you a nonexclusive, non-transferable, non-sublicensable, terminable license to access and use the Site and its Contents for your personal and non-commercial use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site and its Contents for any purpose except for your personal and non-commercial use and as described in these Terms, without the express written consent of Lavazza.
1.4 Lavazza reserves the right to investigate, suspend and/or terminate your account if you have misused the Site. You must not use the Site:
1.4.1 In a 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 US or other countries);
1.4.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
1.4.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
1.4.4 To impersonate or attempt to impersonate Lavazza, a Lavazza employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
1.4.5 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Lavazza or users of the Site or expose them to liability;
1.4.6 in any manner that could disable, overburden, damage, or impair the Site, such as attacking the Site via a denial of service attack or a distributed denial of service attack; or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
1.4.7 Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
1.4.8 Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
1.4.9 Use any device, software, or routine that interferes with the proper working of the Site;
1.4.10 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
1.4.11 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Service is stored, or any server, computer, or database connected to the Service; or
1.4.12 Otherwise attempt to interfere with the proper working of the Service.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.5 You may not create hypertext links to the Site without Lavazza’s prior written consent.
1.6 You may need to create an account to access some of the features of the Site. You will be asked to provide personally identifiable information (“PII”) about yourself, including your name, email address, shipping address, and phone number. You agree that you will provide accurate, current, and complete information about yourself, and maintain d promptly update your PII contained in your account profile. You agree not to share your account password and to keep it confidential. You must notify us immediate in the event you become aware of any security breach or unauthorized use of your account.
1.7 We reserve the right to terminate access to your account any time if you have breached these Terms.
2. CONTENT
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, know-how and products and other material provided by Lavazza on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content."
2.2 The Content may contain errors, omissions, or typographical errors or may be out of date. Lavazza may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Lavazza in any way except to the extent it is specifically indicated to be so.
2.3 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, patents and other proprietary rights that are owned solely and exclusively by Lavazza. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices.
2.4 Except as provided in the foregoing, Lavazza does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Lavazza, is strictly prohibited.
3. SUBMISSIONS TO THE SITE
3.1 Any and all personal identification information that is electronically submitted by users to the Site will be protected and processed in accordance with applicable regulations and Lavazza’s Privacy Policy
3.2 Lavazza will appreciate comments, suggestions and indications from users of its Site. However, Lavazza shall not accept any material howsoever forwarded via the Site, apart from content that is specifically required. Any communication or material you transmit to Lavazza through the Site by electronic mail or otherwise, including without limitation any images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to Lavazza, and/or its affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Lavazza has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
3.3 Notwithstanding the above, you are not allowed to upload, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights on any party or otherwise give rise to liability or violate any law or affect the corporate image of Lavazza.
4. THIRD PARTY LINKS
4.1 Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Lavazza of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Lavazza, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
4.2 To the extent any Content is provided by third parties, Lavazza includes it for informational purposes only.
5. TERMINATION
5.1 These Terms are effective until terminated by Lavazza. We may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
5.2 Lavazza shall also have the right without notice and at any time to terminate some or all of Site or any feature or portion thereof, or any products offered through them, or to terminate any individual's right to access or use of the Site or any feature or portion thereof.
6. DISCLAIMER OF WARRANTIES
6.1. You acknowledge and agree that Lavazza is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Site, whether caused by users or any of the equipment or programming associated with or utilized in the Site; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/ or in connection with the Service.
6.2. You access and use the site at your own risk. The site and its contents are provided on an ‘as is, as available’ basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither lavazza nor its employees, agents or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on or in connection with the service, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of net, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of user information through theft or any other means. We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the site. In no event will lavazza or any of its directors, officers, agents, employees, assigns, or third-party content providers be held liable for any tortuous or illegal conduct of other users. In no event will lavazza or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of user or personal injury that arises in connection with use of the site.
Any material accessed, downloaded, or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from lavazza or through or from the site shall create any warranty not expressly stated in the terms.
Except as otherwise expressly provided in the terms, lavazza does not represent or warrant that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, and (v) any errors in the service will be corrected. You agree that from time to time we may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you.
Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. 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, lavazza’s liability shall be limited to the extent permitted by law.
Lavazza shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and lavazza hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
6.3. The Site may display links to other Internet sites or resources. Because Lavazza has no control over such sites and resources, you acknowledge and agree that Lavazza is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
7. LIMITATION OF LIABILITY
7.1. To the fullest extent provided by law, in no event will lavazza, or its licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service, 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, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
8. INDEMNIFICATION
8.1. You agree to defend, indemnify, and hold harmless Lavazza, Lavazza’s licensors and service providers, and its and their respective officers, directors, employees, and agents 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 or your use of the Site.
9. ARBITRATION
9.1 You agree that any Dispute between You and Lavazza shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. "Dispute" shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
9.2 Notwithstanding anything in this arbitration provision to the contrary, either You or Lavazza may bring an individual action in small claims court if the claim is within the jurisdiction of that court.
9.3 For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Lavazza by sending an e-mail to: us.customerservice@lavazza.com . We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue though any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
9.4 Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our Customer Service and Legal Department to begin arbitration:
e-mail: us.customerservice@lavazza.com
e-mail: legale@lavazza.com
9.5 You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Lavazza, the Dispute will be arbitrated by JAMS arbitration services. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.
9.6 Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of whether they would have been available in a court.
10. WAIVER OF CLASS ACTION
10.1. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. We each waive the right to prosecute or participate in a class action, collective action, or other representative action. We each may seek relief only on behalf of ourselves and only to the extent necessary to remedy our individual claims. This class action waiver is a material and essential part of and cannot be severed from this arbitration provision. The remaining portions of this arbitration provision are not essential parts of this arbitration provision and can be severed from it by a court of competent jurisdiction. If a claim or action proceeds in court rather than in arbitration, we each waive any right to a jury trial.
11. APPLICABLE LAW AND JURISDICTION
11.1. Any and all disputes that may arise in connection with this Site, the use thereof and the Content hosted thereon, shall be governed by and construed in accordance with the Federal Arbitration Act, US federal copyright, trademark and patent laws or other applicable federal law, and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any such claim or action shall be in the courts of the State of New York for the Borough of Manhattan and the federal courts for the Southern District of New York.
12. MISCELLANEOUS
12.1 No waiver by Lavazza of any term or condition set out in these Terms 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 Lavazza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
12.2 If any provision of these Terms 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 such that the remaining provisions of the Terms will continue in full force and effect.
12.3 These Terms, our Privacy Policy, and our Selling Condition agreement constitute the sole and entire agreement between you and Lavazza and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the use of the Site.