Welcome to JulianiNY.com

Juliani New York, Inc and its affiliates (“JulianiNY.com”, “we” or “us”) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) subject to your compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE JulianiNY.com

These Terms of Use constitute an agreement between JulianiNY.com and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the JulianiNY.com, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the JulianiNY.com

Please note that these Terms of Use contain provisions that govern the resolution of claims between JulianiNY.com and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the JulianiNY.com. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to JulianiNY.com. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. JulianiNY.com does, however, reserve the right at all times to disclose any information as JulianiNY.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

JulianiNY.com reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the JulianiNY.com. Your use of the JulianiNY.com following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the JulianiNY.com. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of this webpage.

Intellectual Property Rights

The JulianiNY.com contain valuable trademarks and service marks owned and used by JulianiNY.com, including but not limited to, JulianiNY.com, the JulianiNY.com design logo, and the tag lines (collectively, the “JulianiNY.com Marks”). Any use of the JulianiNY.com Marks without the prior written permission of JulianiNY.com is strictly prohibited. The arrangement and layout of the JulianiNY.com, including but not limited to, the JulianiNY.com Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of JulianiNY.com.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE JulianiNY.com IS PROHIBITED.

JulianiNY.com uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the JulianiNY.com. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the JulianiNY.com are the property of their respective owners.

For claims of copyright infringement, please see our Copyright Policy.

User-Generated Content

From time to time, the JulianiNY.com permit the submission of content, such as comments, blogs and product reviews, generated by you and others users (“User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the JulianiNY.com is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to JulianiNY.com that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize JulianiNY.com to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate JulianiNY.com Acceptable Use Policy set forth below.

As between you and JulianiNY.com, you will retain all of your ownership rights in and to your User Content. By submitting User Content to JulianiNY.com, you hereby grant to JulianiNY.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub licensee (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that JulianiNY.com (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the JulianiNY.com a non-exclusive license to access your User Content through the JulianiNY.com and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the JulianiNY.com under these Terms of Use.

JulianiNY.com does not endorse any User Content or any opinion, recommendation, or advice expressed therein. JulianiNY.com reserves the right but is not obligated to monitor User Content or other content sent to or through the JulianiNY.com. JulianiNY.com has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the JulianiNY.com determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. JulianiNY.com takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

Acceptable Use Policy

By submitting User Content and otherwise using the JulianiNY.com, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant JulianiNY.com all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the JulianiNY.com to harm any person or entity, including JulianiNY.com (iv) impersonate any person or entity, including but not limited to, a representative of JulianiNY.com, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the JulianiNY.com; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the JulianiNY.com or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the JulianiNY.com without their consent; (x) use the JulianiNY.com (including through submission of User Content) to make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the JulianiNY.com in any manner that could overburden or impair any of the JulianiNY.com or the networks or systems connected to the JulianiNY.com; and/or (z) use any device, software or instrumentality to interfere with the proper working of the JulianiNY.com or disobey any requirements, procedures, policies or regulations of networks connected to the JulianiNY.com.

You also agree that you will not violate or attempt to violate the security of the JulianiNY.com. Violations of system or network security may result in civil or criminal liability. JulianiNY.com reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. JulianiNY.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the JulianiNY.com are subject to change without notice. Errors will be corrected when discovered and JulianiNY.com reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Links to Other Websites

The JulianiNY.com may contain links to third-party websites (“Other Sites”) that are not under JulianiNY.com control. JulianiNY.com makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the JulianiNY.com or link to the JulianiNY.com. JulianiNY.com provides these links to you as a convenience and the inclusion of any link does not imply endorsement by JulianiNY.com of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the JulianiNY.com optimized for viewing via a mobile device, opt in to receive SMS (text messages) from JulianiNY.com (as/when available) or using a mobile application the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the JulianiNY.com via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the JulianiNY.com or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Communications with JulianiNY.com

For all communications made to or with JulianiNY.com, including but not limited to feedback, questions, comments, suggestions and the like: you will have no right to confidentiality in your communications and JulianiNY.com will have no obligation to protect your communications from disclosure; (ii) JulianiNY.com will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) JulianiNY.com will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold JulianiNY.com and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the JulianiNY.com, including any User Content you submit, post to or transmit through the JulianiNY.com, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

JulianiNY.com intends for the information and data contained in the JulianiNY.com to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the JulianiNY.com and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, JulianiNY.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation of Liability

IN NO EVENT WILL JulianiNY.com OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE JulianiNY.com OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE JulianiNY.com OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF JulianiNY.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the JulianiNY.com or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if JulianiNY.com is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

Legal Disputes

YOU AND JulianiNY.com AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and JulianiNY.com, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘JulianiNY.com’) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in NY.

Termination

Your ability to access and use the JulianiNY.com remains in effect until terminated in accordance with these Terms of Use. You agree that JulianiNY.com, in its sole discretion, may terminate your account and your use of the JulianiNY.com and may remove and delete your User Content if JulianiNY.com believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. JulianiNY.com also may in its sole discretion and at any time discontinue providing the JulianiNY.com or any part thereof, with or without notice. You agree that any termination of your access to the JulianiNY.com may be effected without prior notice and you acknowledge and agree that JulianiNY.com may bar any further access to the JulianiNY.com. Further, you agree that JulianiNY.com will not be liable to you or any third-party for any termination of access to the JulianiNY.com.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE JulianiNY.com. By using the JulianiNY.com, you affirm that you are over age 13. If you are under age 13, you may not access or use the JulianiNY.com.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE JulianiNY.com, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE JulianiNY.com.

Outages

JulianiNY.com periodically schedules system downtime for the JulianiNY.com for maintenance and other purposes. Unplanned system outages also may occur. You agree that JulianiNY.com has no responsibility and is not liable for: (a) the unavailability of any of the JulianiNY.com; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the JulianiNY.com, any Internet service providers or otherwise.

Violations

Please report any violations of these Terms of Use to the system administrator at sales@JulianiNY.com

Questions?

If you have questions, comments or complaints about these Terms or the JulianiNY.com, please contact us at sales@JulianiNY.com (with the subject line “Questions about the JulianiNY.com”).