Search

Email us 

fonderiausa@gmail.com

 

This area does not yet contain any content.

Blog Index
The journal that this archive was targeting has been deleted. Please update your configuration.
Navigation
Main
Sunday
Dec092012

FONDERIA USA: TERMS OF USE AND PRIVACY POLICY

TERMS OF USE

Welcome to fonderiausa.com (the “Site”) which is owned and operated by Fonderia USA LLC (“Fonderia”, “we” or “us”).  By using the Site you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before using the Site. If you do not accept these Terms of Use, then you may not use the Site.  These Terms of Use are subject to change by us at any time, effective when posted on the Site.  Your continued use after such notice will constitute acceptance by you of such changes.

USE OF THE SITEYou may use this Site only subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  You may not use this Site for commercial purposes, such as to promote a product or service, without our prior written consent.

ACCEPTABLE USE. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or circumventing security or user authentication measures.  You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page.   You may not resell use of, or access to, the Site to any third party. 

TERMINATION OF ACCESS.  In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

PRIVACY.  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy below. 

LINKS.  This Service may contain links to other web sites not maintained by us.  We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites or services. 

The existence of a link between this Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website. 

You agree that we shall not be liable to you or anyone else for any type of loss or damages, regardless of whether based on contract, negligence, intentional wrongdoing, or liability without fault for any costs, losses, or damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential, or punitive) arising out of or in any way in connection with your access to or use of any such third party site.

OUR PROPRIETARY RIGHTS.  We or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by Fonderia.

INFRINGING CONTENT.  If you believe that any content on the Site infringes your intellectual property rights, please email us at fonderiausa@aol.com to request removal of this content.

NO WARRANTIES.  THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT MADE AVAILABLE THROUGH THE SITE.  THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT WE SHALL NOT BE BOUND BY ANY SUCH ERRORS.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY.  You agree to defend, indemnify and hold harmless Fonderia, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any breach by you of any of these Terms of Use.

GOVERNING LAW.  The laws of the State of New York shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.  

Any claims asserted by you in connection with the Site must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY.  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES.  The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

INTERNATIONAL ACCESS.  Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Site.  We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

CONTACT INFORMATION.  Should you have any questions, you may contact us at fonderiausa@aol.com

EFFECTIVE DATE.  These Terms of Use were last updated on April 15, 2013

 

PRIVACY POLICY

Fonderia USA LLC (“Fonderia”, “we” or “us”), the owner of the website www.fonderiausa.com (the “Site”), recognizes the importance of your privacy.  Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us.  This Privacy Policy applies solely to information collected at this Site.  By using or accessing the Site, you signify your agreement to be bound by our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITE.  

Personal Information that we collect: We do not collect personal information from you unless you voluntarily provide it to us.

Non-personal or Aggregate Information that we collect: We may collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits or other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”). Aggregate Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources. Aggregate Information may be shared by us with third parties for marketing advertising or other purposes, including analysis of the Site for purposes of improving your experience with the Site.

Clickstream:  As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server.  Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Site.  We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.  This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregated, and will not intentionally contain any personal information.

Information Usage:  We will only use your personal information as described below, unless you have specifically consented to another type of use, either at the time the personal information is collected from you or through some other form of consent from you or notification to you.  We may use your personal information as follows: (i) to respond to your inquires or requests; (ii) to send you emails and newsletters from time to time with information about our Site and products, special offers, promotions, and other news; (iii) we may permit our vendors and subcontractors to access your personal information, but they are only permitted to do so in connection with performing services for us; (iv) we may disclose personal information as required by law or legal process; (v) to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors and (vi) we may transfer your personal information in connection with the sale or merger or change of control of Fonderia.

Cookies: Our Site may pass a “cookie” (a string of information that is sent by a website to reside on your system’s hard drive and/or temporarily in your computer's memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some features of the Site. Additionally, we may include small graphic images in our email messages and newsletters to you in order to determine whether these messages were opened and whether any links contained in these messages were viewed.

Security:  We are committed to using commercially reasonable efforts to maintaining the security of your personal information.  To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect.  Although we use commercially reasonable efforts to protect the security of your personal information and our system, due to the inherent open nature of the Internet, no transmission via the Internet can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Site. Therefore, you assume that risk by using the Site.

Protection for Children: We do not collect personal information from children under the age of 13. When we become aware that personal information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Sites: As a convenience to you, we may provide links to third-party sites from within our Site. We are not responsible for the privacy practices or content of any third-party sites.  When you link away from our Site, you do so at your own risk.

Changes to this Privacy Policy:  We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  Your continued use of the Site following the posting of any changes to this Privacy Policy means you accept and consent to such changes. 

Opt-Out Process: If you do not want to receive email or other communications from us in the future, please send an email to us at fonderiausa@aol.com requesting to be removed from our mailing list. You will also have the option of clicking on a link included in email correspondence you receive from us in order to remove yourself from our mailing list. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent, such as a sponsor.  You should contact such third parties directly if you wish to have your personal information removed from their lists.

Communications with Us:  By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent or as set forth in this policy.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary.  Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Site Terms of Use:  Use of this Site is governed by, and subject to, the Terms of Use written above on this page. This Privacy Policy is incorporated into such terms.  Your use, or access, of the Site constitutes your agreement to be bound by these provisions.  IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. 

United States of America: Our servers are maintained in the United States of America.  By using the Site, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this Privacy Policy.  You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Contact: For questions or concerns relating to privacy, we can be contacted at: fonderiausa@aol.com.

Effective Date: This Privacy Policy was last updated on April 15, 2013.

 

 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>