TERMS AND CONDITIONS OF USE

General
Welcome to the Michael Anthony Collection advertising website. The following terms and conditions of use govern your use of the Site.

PLEASE NOTE THAT YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY OTHER AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE HEREIN (COLLECTIVELY, “TERMS AND CONDITIONS OF USE”).

This Site and the Michael Anthony trademark are owned and registered by Michael Anthony Collection an Atlanta LLC having its principal place of business in Atlanta, Georgia.

This Site is maintained by Cuff and Company, a US corporation having its principal place of business in Atlanta, Georgia. Michael Anthony referred to the Michael Anthony Collection hereinafter.


Trademarks
All trademarks displayed on the Site, including but not limited to the Michael Anthony trademark are owned by Michael Anthony Collection. These trademarks may not be used in connection with any product or service that does not originate with Michael Anthony, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Michael Anthony Collection.


Proprietary Rights
You acknowledge and agree that the Site, and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively “Content”), is owned by or licensed to the Michael Anthony Collection and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Site, or any Content contained therein. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Site and in the Content.



Privacy
Michael Anthony understands that maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”) is important to its users. In order for the Site to work accurately and efficiently, Michael Anthony may collect and maintain Personal Information about users. Michael Anthony collects Personal Information in circumstances when you knowingly provide such information, such as the information you are requested to provide in the registration form required to subscribe to the Site and through invisible means, as part of automatically collected information such as cookies.

In the normal course of serving its users, Michael Anthony may disclose Personal Information to Michael Anthony Collection affiliates and agents. In addition, Michael Anthony contracts with third parties that perform services to Michael Anthony Collection, for example, assistance in maintaining and managing the Site, Michael Anthony’s database and users’ Personal Information.


Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, AND Michael Anthony EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WRITTEN INFORMATION GIVEN BY MICHAEL ANTHONY SHALL CREATE ANY WARRANTY.


Limitation of Liability
IN NO EVENT, SHALL Michael Anthony, OR ANY OF ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNS OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF Michael Anthony HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) ARISING OUT OF (A) YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (C) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE.


Representations and Warranties
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) your use of the Site will comply with these Terms and Conditions of Use.


Indemnification
You agree to indemnify and hold harmless, and at Michael Anthony’s option, defend the Michael Anthony Collection, and any of its affiliates, and its and theirs officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors and successors or assigns of each from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Site by you.


Modification to Site
Michael Anthony reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Michael Anthony shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.


Survival
The provisions on “Proprietary Rights”, “Trademarks”, ”Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Survival” and “Governing Law; Jurisdiction” shall survive any termination of these Terms and Conditions of Use.


Governing Law; Jurisdiction
You agree that these Terms and Conditions of Use shall be governed by and construed in accordance with US laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of US and International Laws.