Espresso Bene

CONDITONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your acceptance of these terms of use. If you do not agree to these terms, please do not use this site.

This site is owned and operated by Espresso Bené of NJ LLC (referred to as "we," "us" or "our" herein). No material from http://www.espressobene.com or any Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without prior written permission, except that you may download one copy of the materials on any single computer for your personal, non commercial home use only, provided that you in no way change any copyright or other proprietary notices. Modification or use of the materials for any other purpose violates our intellectual property rights.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, disassemble, sell, reverse engineer, or otherwise convert the Software to a human-perceivable form.

If you communicate any remarks, suggestions, ideas, graphics, or other information to us through this site (together, the "Submission"), they will forever be our property. Accordingly, we will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future operations. We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere without limitation. We will have sole discretion to use the Submission for any commercial or other purpose whatsoever, without payment to you or any other person making the Submission. You accept that you are responsible for any Submission you make and that you, and not us, are totally responsible for the message, including if it is legal, reliable, appropriate, original, copyrighted, or whatever.

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Espresso Bené of NJ LLC or its affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.

Under no circumstances and in no way will Espresso Bené of NJ LLC will be liable for any damages or injury, including but not limited to special or consequential damages, caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. We will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this site, even if there is negligence on our part, or if an authorized Espresso Bené of NJ LLC representative has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The total liability to you by us for all losses, damages, and causes of action (whether in contract, tort, or otherwise) will not be greater than the amount you paid to access this site.

The materials in this site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we make no warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We and our affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

Unless otherwise specified, the materials in this site are presented to provide information about Espresso Bené of NJ LLC and products it buys for re-sale, represents or distributes. We control and operate this site from our offices in Cherry Hill, New Jersey, in the United States of America. We do not make any representation that the materials on the site are appropriate or available for use in locations outside of the United States. If you use this site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

This agreement shall be governed by and constructed in accordance with the laws of New Jersey and the United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and ability to enforce any remaining provisions. This entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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