PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE.
You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
All trademarks found on this site are either registered or unregistered trademarks of Lagostina USA or used with permission. Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed, without written permission by owner of the mark.
All binary files, graphics, logos, images, sounds and text published on this Website are the sole and exclusive property of Lagostina USA or used with permission. The material on this site is designed for your noncommercial personal use and you may download one (1) copy of each page from the Website only for your own personal use provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (b) an appropriate copyright notice, namely, “© Copyright 2012 Lagostina USA. All Rights Reserved” appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) any graphics and/or images from this Website are not used separately from the accompanying text. In consideration of this authorization, you agree that any copy of any page from this Website shall retain all headers and footers and include any copyright, trademark or other proprietary notices contained thereon. You are otherwise prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from this Website. Any use of any information contained on this Website publicly or for advertising by entities other than Lagostina USA is strictly prohibited and nothing contained herein shall be construed as conferring any license or right to use any intellectual property owned or licensed by Lagostina USA.
THIS WEBSITE, ALL INFORMATION SET FORTH ON THIS WEBSITE AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO REPRESENTATION IS BEING MADE AS TO THE TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ACCURACY THEREOF, NOR THAT WILL THE USE OF THIS WEBSITE BE ERROR FREE. LAGOSTINA USA SHALL NOT BE LIABLE FOR DAMAGES OR INJURY RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM ANY RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LAGOSTINA USA BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING ANY LINKS, EVEN IF LAGOSTINA USA HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless, Lagostina USA, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Lagostina USA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Lagostina USA in asserting any available defenses.
Digital Millennium Copyright Act
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this Website, you should promptly send correspondence to Lagostina USA pursuant the Digital Millennium Copyright Act to Customer Service or a written communication to:
Lagostina Consumer Service/Attn. Webmaster – DMCA
2199 Eden Road
Millville, NJ 08332
Claims must include the following information:
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lagostina USA to locate the allegedly infringing material;
• Information reasonably sufficient to permit Lagostina USA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Despite any representations concerning privacy, reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Choice of Law/Venue
All materials and consent on this Website are presented solely for the purpose of promoting Lagostina USA's products and services in the United States. Information published herein may contain references to products and/or services that are not available outside of the United States and therefore, inapplicable to you. The use of this Website shall be governed by the laws of the State of New York without regard to its conflict of laws provisions that would defer to or result in the application of the substantive law of another jurisdiction, and the Federal and State courts of New York shall have exclusive jurisdiction over all claims.
Lagostina Consumer Service/Attn. Webmaster
2199 Eden Road
Millville, NJ 08332
This Website and the contents thereof including, without limitation, all text, graphics, logos and images are “©Copyright 2014 Lagostina USA. All Rights Reserved.”
Personal Information Collected
Lagostina USA does not require you to register or provide personal information to us in order to view our Website. To access certain parts of the Website or obtain additional information, you may be required to register or submit personal information. Except as set forth herein, Lagostina USA does not sell, trade, or rent your personal information to others.
Confidentiality of Submissions
When you submit any personal information to Lagostina USA, you are responsible for its content, including the truthfulness and accuracy thereof. Although Lagostina USA has no intention of selling personal information to third parties as part of a mailing list or otherwise, nonetheless, Lagostina USA understands that unrelated third parties may observe or otherwise obtain information provided by you through electronic means. Lagostina USA therefore cannot make any guarantees whatsoever to you with respect to the confidentiality of information provided to Lagostina USA by you electronically through the Internet, via email or otherwise. You agree that Lagostina USA will have no liability for the disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.
Lagostina USA may also use your personal information to contact you concerning changes to our Website, new products/ services and other information relating to Lagostina USA's business. In the event that you do not wish to receive such information, please request to be removed from Lagostina USA's email contact list by unsubscribing (opting-out) at any time by simply sending an email as directed below or written correspondence including your name and email address to:
Lagostina Consumer Service/Attn. Webmaster – Opt-out
2199 Eden Road
Millville, NJ 08332
Third Party Sharing and Use of Information
Lagostina USA may share aggregate and/or non-individual statistical information (e.g. non-personally identifiable information) about you with third parties, such as advertising and marketing affiliates. In no event does Lagostina USA sell, transfer, disclose or share with third parties personal information collected on this Website, except in the following instances:
• Third Party Vendors: From time to time, Lagostina USA may engage third party vendors to perform, on its behalf, functions such as sending postal mail and responding to e-mails, Website evaluation, analyzing data and providing customer service and support. These approved third parties will only have access to information to the extent necessary and will be authorized not to use any personal information for any purpose other than providing such services Lagostina USA has contracted for. In addition, Lagostina USA requires that these third party vendors maintain the confidentiality of such information.
Children's Online Privacy Protection Act of 1998
Lagostina USA is committed to complying fully with the Children's Online Privacy Protection Act of 1998. Users who are under 18 may only use this Website only with involvement of a parent or guardian and should not submit any personally identifiable information to us. Lagostina USA does not collect any personally identifiable information from anyone known to be under the age of 18.
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers' personal information with third-parties. These businesses are required to accept such requests from customers but are only required to honor one request per calendar year. In each instance, businesses have thirty (30) days to respond to each inquiry. Each inquiring customer is entitled to receive an explanation of the categories of customer information shared and the names and addresses of the third-party businesses. In limited circumstances, customers' failure to submit requests in the manner specified will not require a response from the business.
If you are a resident of California and a current Lagostina USA customer, you may be eligible to request such information from Lagostina USA by sending an email correspondence noting your name, address, and email address to Customer Service. Further, you must also include a request that Lagostina USA provide such information to you using the following or similar text in your correspondence. "I request that Lagostina USA provide its third-party information sharing disclosures required by Section 1798.83 of the California Civil Code." This same request may be made by regular mail by sending a written communication containing the information above to:
Lagostina Consumer Service/CCC
2199 Eden Road
Millville, NJ 08332
No Confidential Relationship
In no event will a confidential relationship be established should you or any other user of this Website should make any oral, written, or electronic response to Lagostina USA (e.g. feedback, questions, comments, suggestions, ideas, etc.). Such responses and any information submitted shall be considered non-confidential, nonproprietary and you hereby assign any rights in the same to Lagostina USA. Lagostina USA shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing of any goods or services. By transmitting or otherwise submitting any such information to this Website and only to the extent that you retain any rights therein by law, you hereby grant to Lagostina USA, the unlimited, perpetual right to use, distribute, modify and create derivative works from such responses and any ideas contained therein for any purpose and in any media without compensation relinquishing and waiving all "moral rights" therein.
Lagostina Consumer Service/Attn. Webmaster – Privacy
2199 Eden Road
Millville, NJ 08332
If you would like your email address removed from our database, please send an email to optout@Lagostinausa.com and type the word "Remove" in the subject line.
Please note that any questions about our products/services directed to this address will not be replied to.