CoLibrìusa.com Conditions of Use

Welcome to the CoLibrì System (“CoLibrì”) website. By using the website and its related services, products, and software (collectively, the “Site”) you agree to be bound by these terms (“Conditions of Use”). You also accept the Conditions of Use when you create an account, sign in as the guest, or log in to the site. Additional or separate terms may apply to your interactions with other CoLibrì websites and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to “CoLibrì”, “our”, “we”, or “us” may refer to CoLibrì System, Inc., and its affiliates, subsidiaries, and designers. We may make changes to the Site and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.

Use of the Site

You may use the Site for your personal, non-commercial use only. You may not use the Site if you are under the age of 18.

 Privacy

Your use of the Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Errors on Our Site

We try to be as accurate as possible. However, we do not warrant that product description or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be misprized. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for Your Order

Generally, we’ll charge your card for an item when we ship the item to you or confirm its availability. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you preorder with a debit card, we’ll debit your card when you place the preorder.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-address, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

Proprietary Rights

All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under the U.S. and international copyright laws, and CoLibrì System owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The CoLibrì Cover System and CoLibrì System, S.p.A. logos and other logos and trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by CoLibrì and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the logo or trademark owner.

Reviews, Comments, Communications, and Other Content

 You may interact with the Site and CoLibrì in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant CoLibrì a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted material may have been infringed, please provide CoLibrì’s Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
• 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.
• 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.

CoLibrì’s designated agent to receive notifications of claimed infringement can be reached by:

Mail:

DMCA Agent
CoLibrì System
Attn: Legal Department
5301 Beethoven Street Suite 170
Los Angeles, CA 90066

E-mail: support@colibriusa.com

Phone: 310-846-5902

For additional information regarding this procedure, please reference 17 USC 512.

Disclaimers and Limitation of Liability

THIS SITE IS PROVIDED BY COLIBRÌ ON AN “AS IS” AND “AS AVAILABLE” BASIS.  COLIBRÌ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COLIBRÌ SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE COLIBRÌ SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLIBRÌ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, COLIBRÌ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE COLIBRÌ SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE COLIBRÌ SITES, THAT YOUR USE OF THE COLIBRÌ SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COLIBRÌ OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE COLIBRÌ SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COLIBRÌ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL COLIBRÌ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE COLIBRÌ SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Links to Third-Party Web Sites

The Site contains links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. CoLibrì does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the CoLibrì Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Export

Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may only use the Site for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the site are prohibited.

You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of CoLibrì, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

Applicable Law

The laws of the State of Pennsylvania will govern these Conditions of Use without giving effect to any principles of conflicts of laws.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Indemnification

 You agree to defend, indemnify, and hold harmless CoLibrì and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the CoLibrì Site or any breach by you of this Agreement.

Shipping

The cost of shipping and handling will be the responsibility of the customer. A shipping amount will be added to your order at checkout based on the anticipated cost to ship the product to you. Should an error occur when calculating your shipping cost during checkout, CoLibrì reserves the right to make any necessary revisions to the shipping amount or to cancel your order.

CoLibrì will ship orders usually by Fedex Ground. CoLibrì will also make an effort to contact customers who place significant orders that may be delivered via LTL (Less Than Truckload) should the customer have a shipping/receiving dock to inquire which method the customer would prefer (i.e. UPS Ground or LTL).

CoLibrì cannot ship to PO boxes, APO/FPO (military addresses), or anywhere outside the continental U.S.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of CoLibrì to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit CoLibrì’s rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Pennsylvania law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of the CoLibrì Sites must be brought in the state or federal courts of Pennsylvania and you consent to the exclusive personal jurisdiction of such courts.