Terms of service
Effective Date: March 1, 2023
OVERVIEW
This website at www. https://cibone-us.com. and our social network services (collectively, the “Site”) are operated by CIBONE Brooklyn. Throughout the site, the terms “CIBONE”, “we”, “us” and “our” refer to CIBONE Brooklyn. CIBONE Brooklyn offers the Site in the marketing of products for purchase (the “Products”) and pursuant to which we provide tips, tools, and/or information (the “Services”). By accessing or using our Site, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) and all other additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy [https://cibone-us.com/policies/privacy-policy] (collectively, the “Agreement”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, Products or Services provided by or through the Site, and the subject matter of this Agreement. The Terms of Service, in conjunction with our Privacy Policy or any other policies promulgated by us constitute a valid, binding contract between you and CIBONE.
YOUR USE OF THIS SITE SIGNIFIES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT, AND SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. Please read these Terms of Service and the Privacy Policy carefully. If you do not agree to the Terms of Service, please do not use our Site. Your only remedy for dissatisfaction with this Site, or any Products, Services, content, or other information available on or through this Site, is to stop using the Site and/or those particular Products or Services.
As we add new functionality to the Site, we may revise these Terms of Service periodically. If we do, we will post the changes here. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms of Service.
SECTION 1 - ONLINE STORE TERMS
1.1 You may purchase our Products through this Site by using the online store. Orders placed on the online store are fulfilled by Shopify, Inc. Responsibility for the purchase and fulfillment of an order is with Shopify, not CIBONE, except as otherwise set forth in these Terms and in our Return Policy [https://cibone-us.com/policies/refund-policy].
1.2 If you use our Site to purchase a Product, payment must be received prior to our accepting an order, unless we otherwise agreed in advance. We may reject orders where the stated delivery address is outside the United States. We reserve the right to refuse any order you place with us. We expressly condition our acceptance of your order on your agreement to these Terms.
1.3 We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase.
1.3 All orders are subject to sales tax which will be applied to your order total. If stated, we will add applicable shipping and handling fees to the amount billed.
1.4 The descriptions of, or references to, Products not owned by us do not imply endorsement of that Product, or constitute a warranty, by us.
SECTION 2 - ACCURACY OF BILLING AND ACCOUNT INFORMATION, ACCOUNT REGISTRATION
2.1 In ordering Products through our Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide is registered to you. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to bar your access to and use of our Site if we have reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason we, in our sole discretion, deem appropriate. You agree that if you are ordering or purchasing products on behalf of a company, you have sufficient authority to bind that company to these Terms. You agree that your placement of an electronic order on our Site is sufficient to satisfy any applicable statute of frauds, and no further writing is required.
2.2 You may register for an account on the Site (the “Account”). To use some of the Services on this Site, you are not required to sign up for an Account. However, certain features of the Services, such as accessing your order history, require you to register for an Account.
2.3 By registering, you agree that all information provided in the Account is true and accurate and that you will maintain and update the information as required in order to keep the Account current, complete and accurate. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords with your Account.
2.4 You may never share your Account details with anybody else. You alone are responsible for any activities that occur under your Account, including activities of others to whom you have provided your username or password. In addition, you shall not use your Account to breach security of another Account or attempt to gain unauthorized access to another network or server. You are responsible for notifying us immediately of any unauthorized use of your Account or any other breach of security of which you become aware. We will not be liable for any losses caused by any unauthorized use of your Account. You shall have the ability to delete your Account, as described in our Privacy Policy [https://cibone-us.com/policies/privacy-policy].
2.5 You agree that we may at any time, and at our sole discretion, terminate or suspend your Account without prior notice to you for any reason. Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Account or anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
SECTION 3 – DESCRIPTION OF SITE, PRODUCTS OR SERVICES
3.1 You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3.2 We reserve the sole right to either modify or discontinue the Site, including any of the Sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms of Service.
3.3 You acknowledge and agree that all of our Products or Services available through the Site shall be subject to our Return Policy [https://cibone-us.com/policies/refund-policy].
3.4 Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Products, Services, and/or information made in connection with this Site is void where prohibited.
3.5 Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [https://cibone-us.com/policies/refund-policy].
3.6 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
3.7 All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Products at any time. Any offer for any Products or Services made on this Site is void where prohibited.
3.8 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 4 – SHIPPING
4.1 All orders are processed and shipped on business days only, Monday through Friday, excluding major holidays. Orders placed on Saturday and Sunday will be processed on the following business day. Although we may provide delivery or shipment time frames or dates, you understand that those are our good-faith estimates and may be subject to change. You further understand that Product availability may be limited, and particular Products may not be available for immediate delivery, in which case the Products will be delivered when they become available. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
4.2 Shipping and handling charges will apply and increase with the value of your order as disclosed on the Shipping Information page at our Site. Shipping and handling charges are subject to change.
SECTION 5 – AGE RESTRICTIONS AND THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT
5.1 This Site is intended for use by individuals over the age of 18 years. If you are under 18 years of age, an appropriate legal guardian must act on your behalf for you to use this Site.
5.2 This Site is not directed at individuals under the age of 18 and does not knowingly collect personal information from individuals under the age of 18. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Site. Should you, as a parent or legal guardian of a minor, become aware that a user who is under the age of 18 has provided CIBONE with personally identifiable information, as defined in our Privacy Policy, please click here to learn how to have such information removed.
SECTION 6 – RESTRICTIONS ON USE
6.1 You agree and represent you will not use the Site to:
6.1.1 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
6.1.2 upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
6.1.3 upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6.1.4 upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
6.1.5 engage in sending “spam” or any other form of solicitation;
6.1.6 use automated scripts to collect information from or otherwise interact with the Site;
6.1.7 violate any applicable local, state, national or international law
6.1.8 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
6.1.9 purchase for resale, or resell, any Products available in our online store, without our prior written approval.
6.2 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
6.3 You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by CIBONE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CIBONE or its affiliates without prior express written consent. You may not use metatags or any other “hidden text” utilizing CIBONE’s name or trademarks without the express written consent of CIBONE. Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of CIBONE is strictly prohibited.
6.4 You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
6.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 7 - OPTIONAL TOOLS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.2 Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.3 We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
8.1 The Site includes the “CIBONE Social Page”, located at a third party provider (such as Facebook, Twitter, Pinterest, and Instagram), which pulls content from our users who share any communications or content of any type (such as photos, videos, or audio) using our brand hashtags, including, without limitation, #cibone or #cibonebrooklyn, (collectively, the “CIBONE Hashtags”) or tagging the @cibone.brooklyn account (collectively, the “User Content”). You acknowledge and agree that the User Content may be used in our showroom space, retail locations, e-mails or any other locations CIBONE owns or operates.
8.2 You agree not to upload or transmit any User Content that infringes or violates any rights of any party. You represent that any such User Content has been taken or recorded by you or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
8.3 You agree that any Personally Identifiable Information [https://cibone-us.com/policies/privacy-policy] (such as name, phone number, or e-mail address) contained in User Content that you submit belongs only to you or your dependents or members of your immediate family and not to anyone else. Uploading User Content like images or video of other people without their permission is strictly prohibited. By uploading and e-mailing any User Content on the Site, you warrant that you have permission from all persons appearing in your User Content for you to make this contribution and grant rights described herein.
8.4 It is strictly prohibited to upload or e-mail User Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service and the CIBONE Privacy Policy.
8.5 By uploading any User Content, you grant to CIBONE a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the User Content as follows: (i) for purposes of providing the Site, Products, and Services; (ii) as permitted or required by law; and (iii) in accordance with our Privacy Policy [https://cibone-us.com/policies/privacy-policy], and incorporated by reference into these Terms of Services. You agree to indemnify CIBONE and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content or your failure to comply with the terms described in this Agreement.
8.6 Subject to our Privacy Policy [https://cibone-us.com/policies/privacy-policy], any communication, material, or User Content that you transmit to this Site or e-mail to us, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
SECTION 9 - THIRD-PARTY LINKS
9.1 The Site may contain links to third party websites, including social media sites. Unless otherwise stated, any links that are provided are not intended to state or imply that CIBONE sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
9.2 CIBONE makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, include social media sites, you do so at your own risk. CIBONE ’s liability and responsibility in relation to any information on any third party site or any product purchased through such third party site is expressly limited by the terms of this Agreement.
9.3 CIBONE will not be liable for any content posted by third parties, or at the direction of users; you must evaluate the accuracy and usefulness of such content. CIBONE does not pre-screen content, but CIBONE and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Site, including the right to remove any content that violates the Terms or is deemed by CIBONE to be objectionable.
SECTION 10 – CIBONE INTELLECTUAL PROPERTY RIGHTS
10.1 The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
10.2 CIBONE grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
10.3 The logos, and other service marks and service names included on the Site (the “Marks”) are owned or licensed by CIBONE. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of CIBONE. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by CIBONE.
10.4 The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark-up languages, and all scripts within the site associated therewith, are Copyright© 2023 WLC NEW YORK, INC. All Rights Reserved worldwide. The copyrighted and proprietary property of CIBONE or its affiliates may not be duplicated or used without CIBONE’s express prior written consent.
SECTION 11 – NOTICE FOR COPYRIGHT INFRINGEMENT
11.1 If you or any user of this Site believes any copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our contact immediately. To be effective, the notification must include:
- i) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
- ii) Identify the material that you claim is infringing the copyrighted work listed in item i) above;
iii) Provide information reasonably sufficient to permit us to contact you (e-mail address is preferred);
- iv) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (e-mail address is preferred);
- v) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
- vi) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
vii) Sign the paper;
viii) Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Masaki Yokokawa, Copyright Agent
Address: 50 Norman Avenue Brooklyn NY 11222 USA
E-mail: brooklyn@cibone.com
11.2 You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
SECTION 12 – RELEASE
12.1 By using the Site, any Products or Services, you agree to release, discharge and hold harmless CIBONE and its subsidiaries, affiliates, partners, retailers, distributors and each of their officers, directors, employees and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, any Products or Services, or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.
12.2 If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
SECTION 13 – INDEMNIFICATION
You agree to indemnify and hold CIBONE and its affiliates, subsidiaries, partners, distributors and each of their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Site and/or your use of any Products or Services, including without limitation, any content posted to or transmitted through the Site, or publicly distributed on the web, your use of the Site, your use of any Products or Services, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.
SECTION 14 – DISLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ANY PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CIBONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CIBONE MAKES NO WARRANTY THAT (I) THE QUALITY OF ANY PRODUCTS OR ANY SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CIBONE MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
SECTION 15 – LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIBONE AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CIBONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCTS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS. IN NO EVENT WILL CIBONE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500).
FURTHER, WE SHALL NOT BE LABILE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR PRODUCTS OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR PRODUCTS, AS APPLICABLE.
SECTION 16 - MODIFICATION
CIBONE may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. CIBONE may, but is not obligated to, provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use the Site, Products or Services after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site, Products or Services is subject to the most current version of this Agreement.
SECTION 17 - ENTIRE AGREEMENT
These Terms, in conjunction with our Privacy Policy, constitute the entire Agreement between you and CIBONE with respect to your use of the Site, Products, or Services. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
SECTION 18 – SEVERABILITY
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
SECTION 19 – HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
SECTION 20 - GOVERNING LAW
The Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and CIBONE agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof that would produce a different result, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
SECTION 21 - TERMINATION
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
SECTION 20 - CONTACT INFORMATION
If you have a comment, question or request, or if you need to contact CIBONE for any other reason, you may contact us at brooklyn@cibone.com or 50 Norman Avenue Brooklyn NY 11222 USA.