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    • Terms and Conditions

    TERMS OF USE OF THE WEBSITE www.canali.com

    The website www.canali.com is operated by the Canali Companies, as better described in the specific legal documents available on the website.
    FOR USERS OF THE US VERSION OF THE WEBSITE (“Website”), VISITORS TO THE WEBSITE, AND ALL CLIENTS WHO MAKE A PURCHASE THROUGH THE WEBSITE FROM THE USA (COLLECTIVELY, “USERS”) THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN CANALI USA INC. (“CANALI,” “WE” OR “US”) AND YOU (“YOU”), AND ARE APPLICABLE TO ALL USERS OF THE WEBSITE AND ANY SERVICES AVAILABLE THEREIN. BY ACCESSING OR USING THE WEBSITE YOU AGREE TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
    There are areas within the Website to which additional and specific legal notices or terms and conditions may be applicable. Where applicable, such special terms and conditions are incorporated into these Terms of Use and supersede the provision(s) of these Terms of Use that are designated as being superseded.

    By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference.

    If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
    Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

    1. Publication and Modification

    CANALI reserves the right to modify at any time the Terms of Use. The new Terms of Use shall be effective upon their publication on the Website. Material modifications to the Terms of Use shall be communicated by publishing a notification on the Website, and/or informing registered Users via email.

    2. Content of the Website

    CANALI may make changes to the content and services offered on the Website at any time. All right, title and interest in and to the Website and any part of the contents thereof, including script server software, HTML code, layout, photographs, images, drawings, videos, audio, graphics, and text (“Content”) are property of Canali SpA Unipersonale and are protected under national and international intellectual property laws, including, by way of example, laws protecting copyright, patent, trademarks, and other law or international treaties on intellectual property rights.

    3. Intellectual Property

    CANALI and all the logos and distinctive signs connected with the word CANALI (“Marks”) are registered trademarks property of CANALI IRELAND LTD. Use of the Website or any services offered via the Website does not grant any right to use the Marks, and the non-authorized use of any CANALI logo or trademark is prohibited and represents an infringement of CANALI’s intellectual property rights.

    4. Registration and Personal Account

    Registration with the Website is optional. You may browse the Website and make a purchase without registering. Should Users wish to create a personal account, they must register with the Website by accessing the ‘My Account’ area. In order to create a personal account (“Account”), Users must provide an e-mail address and a password for access. Registered Users agree and are responsible for keeping their access credentials confidential, and to control access to their personal Account. Registered Users shall be responsible for all the activities made through the Account.
    CANALI reserves the right to cancel the Account, at any time and without notice, if it appears, in CANALI’s sole opinion: (a) that the User is using the Account in violation of these Terms of Use or for fraudulent or illegal activities, (b) that a third party is using the Account without the consent of the User, or (c) CANALI requires the cancellation or suspension of the Account for security or maintenance purposes.
    Users may also cancel their Accounts at any time my accessing the My Account area, following the instructions therein indicated.

    5. The Products

    CANALI will make reasonable efforts to ensure the accuracy of all the images and information accessible within the Website, but does not provide any guarantee as to the accuracy, completeness, or timeliness of the information offered on the Website.

    6. Use of the Website and of the Services

    By using this Website, the User represents, acknowledges and agrees that he or she is at least 18 years of age. If you are not at least 18 years old, you may not use the Website at any time or in any manner or submit any information on the Website.
    Users may use the Website solely for personal and non-commercial use, in compliance with these Terms of Use and any applicable law or regulation. It is forbidden to access the Website for any commercial activity, including advertisement or activities generating profit from online advertisement.
    Users may not, either on their behalf or on behalf of third parties, modify, edit, copy, reproduce, alter, enhance, create any derivative works, transfer, sell, or resell any Content, information, or services obtained from the Website.
    Users may not track or attempt to track any information relative to other Website visitors or users.
    Users may not use any automatic or manual process aimed at accessing, acquiring, consulting, copying, or monitoring the Website, the Content, or parts thereof, and/or reproduce in any way the structure or layout of the Website or the Content.
    Users may not carry out any activity which may involve an unreasonable or disproportionate load on the infrastructure of the Website or any other system or network connected to the Website.
    CANALI reserves the right to interrupt or suspend the use of the Website, without notice for any reason or no reason, including but not limited to CANALI’s belief that the User is violating or has violated the Terms of Use or for any action that CANALI determines is inappropriate or disruptive to this Website or to any other user of this Website.

    7. Content and Link to Third-party Websites

    The Website may include, use, or display content and information gathered from public sources. CANALI does not control or monitor the content of third parties, and cannot guarantee the accuracy, completeness, or timeliness thereof.

    The Website may contain links to website operated by third parties, including, without limitation, social networking, blogging and similar websites through which User are able to log into this Website using their existing account and log-in credentials for such third-party sites. Though CANALI carefully selects its partners, by clicking on the links the Users exit this Website and the use of such linked website is under the responsibility and at the risk of Users. Users acknowledge and agree that the third-party sites may have different privacy policies and terms and conditions than CANALI, and further acknowledge and agree that use of such third-party sites is governed by the respective third-party site privacy policy and terms and conditions.

    The linked websites of third parties are outside the control of CANALI. CANALI WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Website to any product, service, publication, institution, organization or any third-party entity or individual does not constitute or imply CANALI's endorsement or recommendation.

    8. Social Networks

    The Website includes functions to connect to social networking sites operated by third parties. The access and use of such sites and the services provided through such sites are regulated under the terms of use and other agreements published on such social network websites. The User agrees to comply with any and all such agreements, accepts full responsibility for the correct use of the social networks, and indemnifies CANALI from any liability for the violation or infringement of the terms of use of such networks.

    9. Sent Content

    The information and material which the User makes available to CANALI through the Website, such as, but not limited to, posts, feedback, or comments, excepting for the confidential information sent to the “Career” area (collectively “Submissions”), shall never be deemed as confidential. The User hereby grants to CANALI under a non-exclusive, worldwide, perpetual, royalty-free, irrevocable license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each Submission, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submission. CANALI may modify or adapt Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. CANALI agrees to use any personally identifiable information contained in any Submissions in accordance with CANALI’s Privacy Policy (as further described below).
    The User furthermore grants CANALI the right, but not the duty, to use his or her name, image, and identity if provided by the User in connection with any Submissions.
    The User also guarantees that any material provided does not include any element (including, by way of example and not limitation, text, images, music, or video) which the User does not have the full right to grant under the above license terms, and the burden of determining whether any material is protected by any such right is on the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission made by the User, and agrees to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by the User to or through this Website.

    By submitting any Submission, the User covenants that:
    • The Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
    • The Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
    • The User was not and will not be compensated or granted any consideration by any third party for submitting the Submission;
    • The Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than the User’s own);
    • The Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
    • The Submission does not contain any information that you consider confidential, proprietary, or personal; and
    • The Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

    Those prohibitions do not require CANALI to monitor, police or remove any Submissions or other information submitted by any user.

    10. Privacy

    To provide certain services CANALI may ask the User to provide personal information.
    CANALI’s use of such personal information is governed by the CANALI Privacy Policy specific for each area in the Website, and the Cookie Policy, each of which is incorporated herein by reference.

    11. Disclaimer of Warranties; Limitation of Liability, Indemnity.

    Use of this Website and/or any services offered by the Website is at the User’s own risk. CANALI and the other Canali Companies have no liability for any errors or omissions in the Materials, whether provided by CANALI, other Canali Companies, their licensors or suppliers or other Users.
    CANALI, FOR ITSELF AND FOR THE OTHER CANALI COMPANIES AND THEIR LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE OR ANY INFORMATION RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO USERS ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CANALI DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON A USER’S COMPUTER. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

    CANALI SHALL NOT BE LIABLE TO ANY USER FOR ANY DAMAGES RESULTING FROM THE USER’S USING THE WEBSITE, DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANALI BE LIABLE TO ANY USER FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CANALI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the website.

    The User agrees to indemnify and hold CANALI and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CANALI or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that the User’s use of this Website or the use of this Website by any person using the User’s user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. IF YOU ARE A NEW JERSEY RESIDENT, THIS INDEMNITIFICATION CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

    12. Copyright Information

    All the contents included in the www.canali.com and in all the other official websites of Canali S.p.A. Unipersonale, including web pages, texts, images, pictures, videos, music, sounds, drawings, figures, catalogues, logos, graphics, colors and layout (hereinafter, the “Content”) are the sole property of Canali S.p.A. Unipersonale and are protected by national and international Copyright laws and other Intellectual Property Rights. You are strictly forbidden to reproduce, publish, distribute, display, modify, create derivative work from, or exploit such Content in any way, in whole or in part, without the prior and express written consent of Canali S.p.A. Unipersonale.

    CANALI respects the intellectual property rights of others, and we ask you to do the same. CANALI may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide CANALI’s designated agent the following information:

    • 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 and/or trademarked work claimed to have been infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit CANALI to locate the material.
    • Information reasonably sufficient to permit CANALI to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

    • 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 and/or trademark 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.
    CANALI’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
    CANALI
    ATTN: DMCA Agent
    MAIL: adv[AT]canali.it
    Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
    Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
    We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to CANALI designated agent that includes all of the following information:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CANALI may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
      Termination of Repeat Infringers
      CANALI reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA of other infringement notifications.

    13. Governing Law; Arbitration; Class Action Waiver; Waiver of Jury Trial.

    All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of York or any other jurisdiction).

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be submitted to final and binding arbitration in the City of New York, NY, USA, under the Commercial Arbitration Rules of the American Arbitration Association then in effect, upon written notice and demand of any Party therefor. The arbitration shall be conducted by one (1) arbitrator, in the English language. Any arbitration award rendered shall be binding, final and conclusive upon all parties, and judgment thereon may be entered in any Court having jurisdiction thereof. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the other party as provided herein.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    Class Action Waiver
    Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and CANALI specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
    Waiver of Jury Trial
    You understand and agree that by entering into this Agreement you and CANALI are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and CANALI might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
    Severability
    If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

    Continuation
    This Provision shall survive the termination of your relationship with CANALI or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if CANALI makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require CANALI to adhere to the language in this Provision if a dispute between us arises.

    14. General Provisions

    The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Use. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms of Use or this Website will be heard in the courts located in New York County in the State of New York. If any of these Terms of Use is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. CANALI’s failure to enforce any of these Terms is not a waiver of such term. These Terms of Use are the entire agreement between you and CANALI and supersede all prior or contemporaneous negotiations, discussions or agreements between you and CANALI about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The US version of this Website is provided by Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. If you have a question or complaint regarding the Website, please contact Customer Service at customer.care@canali.com. You may also contact us by writing Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
    [Last update January 2023]