TERMS & CONDITIONS
Family LLC, dba DianaGiorgetti.com, owns and operates this Website. BY
ACCESSING OR OTHERWISE USING THE WEBSITE YOU AGREE TO ANY AND ALL PARTS
OF THESE TERMS & CONDITIONS. Any person or entity who interacts with
the Website (DianaGiorgetti.com) through the use of crawlers, robots,
browsers, data mining or extraction tools, or other functionality,
whether such functionality is installed or placed by such person or
entity or a third party, is considered to be using the Website. If at
any time you do not accept all of these Terms & Conditions, you must
immediately stop using the Website. Certain areas within the Website
may be governed by additional terms ("Additional Terms"). By using those
areas of the Website, you agree to the Additional Terms. The Additional
Terms are incorporated into these Terms & Conditions, and any
reference to these Terms & Conditions includes the Additional Terms.
included on the Website, such as text, graphics, logos, images, audio
clips, video, data, music, software, application updates and other
material (collectively "Content") is owned or licensed property of
DianaGiorgetti.com or its suppliers or licensors and is protected by
copyright, trademark, patent or other proprietary rights. The
collection, arrangement and assembly of all Content on the Website is
the exclusive property of DianaGiorgetti.com and protected by U.S. and
international copyright laws. DianaGiorgetti.com and its suppliers and
licensors expressly reserve all intellectual property rights in all
grants you a limited license to access and make personal use of the
Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the
extent such use does not violate these Terms & Conditions including,
without limitation, the prohibitions listed in the "UNLAWFUL OR
PROHIBITED USES" section of these Terms & Conditions. You may
download, print and copy Content for personal, noncommercial purposes
only, provided you do not modify or alter the Content in any way, delete
or change any copyright or trademark notice, or violate these Terms
& Conditions in any way. Accessing, downloading, printing, posting,
storing or otherwise using the Website or any of the Content for any
commercial purpose, whether on behalf of yourself or on behalf of any
third party, constitutes a material breach of these Terms &
Conditions. The Website is intended for use by individuals 18 years of
age or older. If you are under 18, you may use this Website only with
involvement of a parent or guardian. If you are under 18, and you
continue to use this website without parental involvement (no consent)
you are in breach of these Terms & Conditions, and we will contact
your parents to let them know what you have been up to. No, we are not
kidding. Respect your parents.
may only be used for lawful purposes in accordance with the terms of the
license granted in these Terms & Conditions. As a condition of your
use of this Website, you warrant to DianaGiorgetti.com that you will
not use the Website for any purpose that is unlawful or prohibited by
these Terms & Conditions. Whether on behalf of yourself or on behalf
of any third party or entity, YOU MAY NOT:
- make any commercial use of the Website or its Content, including making any collection or use of any product listings, descriptions, prices or images;
- download, copy or transmit any Content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by DianaGiorgetti.com or generally publicly available browsers;
- frame, mirror or use framing techniques on any part of the Website without DianaGiorgetti.com’s express prior written consent;
- make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
- use any meta tags or any other hidden text utilizing DianaGiorgetti.com’s name or marks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the Website;
- conduct fraudulent activities on the Website;
- violate or attempt to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Website (impersonating the DianaGiorgetti.com Website) or to the Website (impersonating another user);
- send unsolicited or unauthorized email on behalf of DianaGiorgetti.com, including promotions and/or advertising of products or services;
- tamper with the Website or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
- use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Website;
- restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
- use the Website to advertise or offer to sell or buy any goods or services without DianaGiorgetti.com’s express prior written consent;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Website;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website; or
- remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
You may be
required to register with DianaGiorgetti.com in order to access certain
services or areas of the Website. With respect to any such registration,
we may refuse to grant to you the user name you request. Your user name
and password are for your personal use only. If you use the Website,
you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. In addition to all other rights available to
DianaGiorgetti.com including those set forth in these Terms &
Conditions, DianaGiorgetti.com reserves the right, in its sole
discretion, to terminate your account, refuse service to you or cancel
may at any time: (i) modify or discontinue any part of the Website;
(ii) charge, modify or waive fees required to use the Website; or (iii)
offer opportunities to some or all Website users. DianaGiorgetti.com
reserves the right to make changes to these Terms & Conditions at
any time, and such changes will be effective immediately upon being
posted on the Website. Each time you use the Website, you should review
the current Terms & Conditions. You can determine when these Terms
& Conditions were last revised by referring to the "LAST UPDATED"
legend at the top of these Terms & Conditions. Your continued use of
the Website will indicate your acceptance of the current Terms &
Conditions; however, any change to these Terms & Conditions after
your last usage of the Website will not be applied retroactively.
DianaGiorgetti.com reserves the right, without notice and at its sole
discretion, to terminate your account or your use of the Website and to
block or prevent future access to and use of the Website (i) if you
violate any of these Terms & Conditions, (ii) for any other reason
or (iii) for no reason. Upon any such termination, your right to use the
Website will immediately cease.
USER REVIEWS, COMMENTS & SUBMISSIONS
also provided by third party visitors to the Website. Please note that
Website visitors may post content that is inaccurate, misleading or
deceptive. DianaGiorgetti.com neither endorses nor is responsible for
any opinion, advice, information or statements made by third parties.
The opinions expressed by third parties reflect solely the opinions of
the individuals who submitted such opinions and may not reflect the
opinions of DianaGiorgetti.com.
If you wish
to purchase any product or service made available through the Website
(each such purchase, a "Transaction"), you may be asked to supply
certain information relevant to your Transaction including, without
limitation, your credit card number, the expiration date of your credit
card, your billing address and your shipping information. You represent
and warrant that you have the legal right to use any credit card(s) or
other payment method(s) utilized in connection with any transaction. By
submitting such information, you grant to DianaGiorgetti.com the right
to provide such information to third parties for purposes of
facilitating the completion of Transactions initiated by you or on your
behalf. Verification of information may be required prior to the
acknowledgment or completion of any Transaction.
or our agents may call or text by telephone regarding your account or
your Transactions. You agree that we may place such calls or texts using
an automatic dialing/announcing device. You agree that we may make such
calls or texts to a mobile telephone or other similar device. You agree
that we may, for training purposes or to evaluate the quality of our
service, listen to and record phone conversations you have with us.
does not offer additional discounts on large orders of a single item or
on large orders of many individual items. In addition, we reserve the
right to limit quantities on orders placed by the same account, on
orders placed by the same credit card, and on orders that use the same
billing or shipping address. We will notify you if such limits are
applied. DianaGiorgetti.com reserves the right to prohibit purchases of
any merchandise to resellers. Resellers are defined as a company or an
individual that purchases goods with the intention of selling them
rather than using them.
If an item is
out of stock, DianaGiorgetti.com may, in its sole discretion and at no
extra cost to you, substitute another item for the out-of-stock item if
DianaGiorgetti.com, in its sole discretion, determines that the
identical brand and product is available in a form that is of equal or
greater value, for example, larger quantity, packaged with a trial
sample, or with updated product packaging.
RISK OF LOSS
DISCLOSUREThird-Party Financial Information
links and access to third-party websites or services that contain
information that is provided as a service to those interested in the
information. DianaGiorgetti.com neither regularly monitors nor assumes
responsibility for the content of third parties’ statements or websites.
Accordingly, DianaGiorgetti.com does not endorse or adopt these
websites or any information contained therein. DianaGiorgetti.com makes
no representations or warranties whatsoever regarding their accuracy or
policy is to respond to notices of alleged infringement that comply
with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing
materials found on the Website can be identified and removed via our
process listed below, and you agree to comply with such process in the
event you are involved in any claim of copyright infringement to which
the DMCA may be applicable.
To file a
DMCA notice, the copyright owner must send in a written letter by fax,
regular mail or email only. We reserve the right to ignore a notice that
is not in compliance with the DMCA, and we may, but are not obligated
to, respond to a non-compliant notice.
- Identify specifically the copyrighted
work(s) believed to have been infringed (for example, "My copyrighted
work is the picture that appears at [list location where material is
- Identify the Content that a copyright
owner claims is infringing upon copyrighted work. The copyright owner
must provide information reasonably sufficient to enable us to locate
the item on the Website. The copyright owner should provide clear
screenshots of the allegedly infringing materials for identification
purposes only. The information provided should be as detailed as
- Provide information sufficient to
permit us to contact the copyright owner directly: name, street address,
telephone number and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: "I 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";
- 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";
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
LINKS TO THIRD-PARTIES’ WEBSITES
DISCLAIMERS OF WARRANTIESDianaGiorgetti.com cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.
The Website and all information, content, materials, products, services and user content included on or otherwise made available to you through the Website (collectively, the "Website contents") are provided by DianaGiorgetti.com on an "as is," "as available" basis, without representations or warranties of any kind. DianaGiorgetti.com makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Website contents, or that emails sent from DianaGiorgetti.com are free of malware or other harmful components. You expressly agree that your use of the Website is at your sole risk. To the full extent permitted by law, DianaGiorgetti.com disclaims any and all representations and warranties with respect to the Website and the Website contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.Certain providers of products may separately provide limited representations and/or warranties regarding their products. This disclaimer does not apply to such product warranties.
DianaGiorgetti.com does not represent or warrant that the nutrition, ingredient, allergen and other product information on our Website is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our Website and that you consult the product’s label or contact the manufacturer directly if you have a specific dietary concern or question about a product.On the Website, we may display names, marks, products, advertisements or services of third parties, pop-up texts or links to third-party Websites. If you decide to link to any such third-party Websites, you do so entirely at your own risk.
JURISDICTIONAL ISSUESThe Website is controlled and operated by DianaGiorgetti.com from Miami-Dade County, Florida, in the United States, and is not intended to subject DianaGiorgetti.com to the laws or jurisdiction of any state, country or territory other than that of Miami-Dade County, Florida, in the United States. DianaGiorgetti.com does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
Under no circumstances shall DianaGiorgetti.com or its employees, directors, officers or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the Website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if DianaGiorgetti.com has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Website, any content on the Website or these terms & conditions, your sole and exclusive remedy is to discontinue using the Website. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. The foregoing paragraph shall not apply to residents of new jersey. With respect to residents of new jersey, DianaGiorgetti.com or its employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the Website, or any materials therein unless such damages or injuries are the result of DianaGiorgetti.com’s negligent, fraudulent or reckless acts or intentional misconduct.Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and DianaGiorgetti.com. This allocation is an essential element of the basis of the bargain between you and DianaGiorgetti.com. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
INDEMNIFICATION & DEFENSEAs a condition of the use of the Website, you agree to defend, indemnify and hold harmless DianaGiorgetti.com and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you, , or any User Content submitted by you.
NOTICES & ELECTRONIC COMMUNICATIONSExcept as explicitly stated otherwise, any notices you send to DianaGiorgetti.com shall be sent by mail to DianaGiorgetti.com.com, ADDRESS. In the case of notices DianaGiorgetti.com sends to you, you consent to receive notices and other communications by DianaGiorgetti.com posting notices on the Website, sending you an email at the email address listed in your profile in your account or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that DianaGiorgetti.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, 3 days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
APPLICABLE LAW; DISPUTES
You agree that all matters relating to your access to or use of the Website and all matters arising out of or related to these terms & conditions, including all disputes, will be governed by the laws of the State of Florida, United States of America, without regard to Florida’s choice of law principles. You furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these terms & conditions shall be the United States District Court for the Southern District of Florida, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Southern District of Florida, then the exclusive forum and venue for any such action shall be the courts of the State of Florida located in Miami-Dade County, and you submit to the personal jurisdiction of that court. The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the Website and/or these terms & conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and, except for new jersey residents and where otherwise prohibited by law, (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.MISCELLANEOUS
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Batemans’ place, a dba of DianaGiorgetti.com with respect to the Website and supersede all prior or contemporaneous communications, agreements and proposals with respect to the Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer or sub-license any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.CONTACT US
If you have any concerns about DianaGiorgetti.com or your use of the Website, please contact us with a detailed description, and we will try to resolve it.