Moccamaster Website Terms and Conditions of Use
Technivorm-Moccamaster USA Inc. (“Moccamaster”) welcomes you to www.moccamaster.com (“Website”). These Moccamaster Website Terms and Conditions of Use (“Terms”) govern your use of the Website. By accessing, viewing, or using this Website, you acknowledge that you have read, understand, and agree with these Terms. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Website. This Website is provided solely for the use of current and future customers of Moccamaster, providing you with information, permitting you to place orders, and enabling you to contact us with any questions or comments. Any other use of this Website is prohibited. By way of example, you should not use this Website to communicate the following: (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (ii) any advertisement, solicitation, spam, or chain letter; (iii) any encouragement of illegal activity; (iv) unauthorized use or disclosure of the private, or personally identifiable information of others; or, (v) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or authorization.
Site Contents and Ownership. The information contained on this Website, including all images, audio, video, information, designs, photographs, writings, statements, graphs, data, and any other materials (“Materials”), are the property of Moccamaster unless specified otherwise. Copyrights, trademarks, trade secrets and other proprietary rights protect the Materials. You may display, copy, distribute, download, and print portions of the Material, solely for your authorized use of this Website. You must retain all copyright, trademark and other proprietary notices on all copies of the Materials. You must comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Materials. Except as provided herein, Moccamaster does not grant you any express or implied right in or under any copyrights, trademarks, trade secrets, patents and other proprietary rights.
Disclaimer of Warranty. Use of this Website is at your sole risk. Neither Moccamaster, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), warrant that this Website will be uninterrupted or error-free. Further, the Providers make no warranty as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Moccamaster does not warrant reliability of the Materials. Moccamaster reserves the right, in its sole discretion, to correct any errors or omissions in the Website. Moccamaster may make any other changes to the Website, the Materials, the products, programs, services, and prices described in this Website at any time without notice. THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. MOCCAMASTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOCCAMASTER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS ON THIS WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. AS TO ANY GOODS OR PRODUCTS SOLD THOUGH THIS WEBSITE SEE THE MOCCAMASTER WEBSITE TERMS AND CONDITIONS OF SALE.
Limitation on Liabilities. YOU AGREE THAT MOCCAMASTER AND ITS PROVIDERS ARE NOT LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, WILL MOCCAMASTER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR (i) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS, ARISING OUT OF, OR IN ANY WAY RELATED TO, THE MATERIALS, ON THIS WEBSITE OR ANY OTHER MOCCAMASTER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, (ii) YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR (iii) ANY REASON OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MOCCAMASTER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Access. Without limiting its other remedies, Moccamaster may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website at any time in our sole discretion.
Hyperlink Disclaimers. As a convenience to you, we may provide on this Website links to websites not operated by, or affiliated with, Moccamaster (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), are not maintained, controlled, or otherwise governed by Moccamaster. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Moccamaster. Moccamaster does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Moccamaster. Links do not imply that Moccamaster or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Moccamaster or any of its affiliates or subsidiaries.Moccamaster is neither responsible for, nor will it be liable under any theory based on (i) access to a Linked Site; (ii) any information or content found on any Linked Site; or, (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on a Linked Site, you do so at your own risk. Moccamaster reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on the Linked Site.
Electronic, Communications, and Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to, any consent you give to receive communications from Moccamaster solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Applicable Law. These Terms are governed by the laws of the State of New York, without regards to its conflict of laws provisions.