Terms and Conditions of Use
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Due Cigni, LLC (“Company”) website located at duecignicutlery.com, and all associated sites linked to duecignicutlery.com by Company, its subsidiaries and affiliates, including Company sites around the world (collectively, the "Site"). The Site is the property of Company and its affiliates. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Company reserves the right, in its sole discretion, to modify, add or remove portions of these Terms of Use, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. By continuing to use the Site following the posting of changes means that you have accepted and agree to these changes. Company grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site, so long as you continue to comply with these Terms of Use.
Content
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, "Content") is the property of Company or its content suppliers and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, without Company’s express prior written consent.
Your Use of the Site
You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Site. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.
You may not use any automatic device, algorithm, program, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
It is possible that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Company may make modify/alter any products or services offered on the Site, or modify the applicable prices for any such products or services, at any time, without notice. Company makes no commitment to update the materials on the Site with respect to such products and services and you acknowledge that information on the Site could be out of date.
Accounts, Passwords and Security
If any portion of the Site requires you to open an account (such as setting up an ID and password), you will be entirely responsible for maintaining the confidentiality of your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of or visitor to the Site as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Company’s Privacy Policy is available on this Site. By your use of the Site, you acknowledge and agree that Internet transmissions are never completely private and understand that any message or information you send to the Site may be read or intercepted by others, regardless of any notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Company Site
If the Site contains links to other independent third-party Web sites, those are provided solely as a convenience Site visitors. Any third-party linked sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such sites, including any information or materials contained therein.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Disclaimers
THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY MAKES NO WARRANTIES THAT THE SITE OR ANY CONTENT OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. COMPANY MAKES NO REPRESENTATION THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
Unless prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages. If, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Company’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Company, or (2) US$100.00.
Indemnity
You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and reasonable attorneys’ fees. In the event of any controversy or dispute between Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.