Terms of Service

TERMS OF SERVICE AND USE

Dear Customers and Visitors,

You have reached our Terms of Use. This is a legally binding agreement. Please read these Terms prior to accessing our website or using our service. If you are under the age of eighteen (18), or disagree with these terms, please do not use or access our website. Users under the age of (18) eighteen may only access our website with parental consent.

Table of Contents

 
I. TERMINOLOGY
II. WEBSITE USAGE.
III. HEALTH DISCLAIMER
IV. USAGE RESTRICTIONS
V. LICENSE
VI. INTELLECTUAL PROPERTY
VII. LIMITED LIABILITY
VIII. CUSTOMER SERVICE
IX. WARRANTY DISCLAIMER
X. INDEMNIFICATION
XI. TERMINATION
XII. PRODUCT DISCLAIMER
XIII. LIMITATION OF LIABILITY
XIV. FORCE MAJEURE
XV. NOTICES
XVI. DISPUTES
XVII. GOVERNING LAW
XVIII. CONTACT

I. TERMINOLOGY

A. Definitions.

Mediterraneanbook.com website is owned and operated by Medi Solutions srl, an Italian Company. The following definitions are used throughout this Agreement. Medi Solutions srl is synonymous with “Company”, “We”, “Us”, or “Our”. “User” shall have the same meaning as “Customer”, “You” or “Your”. “Agreement” means our Terms of Service. “Policy” or “Privacy Policy” means our Policy on how we collect and use a visitor or user’s personally-identifiable and non-personally identifiable information. Our Policy supplements this Agreement. The term “Parties” shall mean both the Company and User when utilized consecutively.

B. Other documents governing your use of our website

In addition to these Terms of Use, your use of our website is also governed by the following documents:

(a) Our privacy policy, which is available at https://www.mediterraneanbook.com/privacy/ . Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

(b) Our cookies policy, which is available at https://www.mediterraneanbook.com/cookie-policy/ . Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

(c) Our terms of sale, which are available at https://www.mediterraneanbook.com/terms-sale/ . Our terms of sale govern any purchases or orders you make for goods or services on our website. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.

(d) Our health disclaimer, which is available at https://www.mediterraneanbook.com/tos/

C. Changes.

Users that access our website agree to all terms and conditions of our Terms of Use or Service. We reserve the right to change our Terms of Service at any time and will provide notice of changes on our website. A user’s continued use of our website is their consent and agreement to these changes which are not retroactive.

II. WEBSITE USAGE.

Customers and visitors can use our website at any time for information and research. Users understand and agree that they must not impede or interfere with the security of our website; servers; system resources; or that of our business partners. Our website may only be used for any legal or lawful purpose. Users under the age of eighteen (18) may not access or use our website unless it is with the permission and consent of a parent or legal guardian.

III. HEALTH DISCLAIMER

Mediterraneanbook.com is a unique website providing information and research related to health and nutrition. Information provided is for entertainment purposes only. Any other use is strictly prohibited. Users acknowledge and understand that the information and data presented has not been reviewed or evaluated by the F.D.A. Claims or testimonials are based upon personal opinion only. Our website does not provide medical advice. In the event a visitor or customer has a physical or medical condition, they should seek counsel and advice from a medical professional or their family physician. Our Company does not recommend or endorse any specific treatment; products; procedures; or physicians. Information presented is to be accessed; downloaded; or transmitted; at the user’s own risk.

IV. USAGE RESTRICTIONS

Users acknowledge and agree that they may not:
• Download; copy; or transmit any website content for commercial use;
• Use data mining, robots, or data extraction methods;
• Manipulate; transmit; export; or display our website content by using framing or similar navigational technology;
• Register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any individual, user, company, or other person for a product or service offered through our website unless the user has their permission to do so;
• Use our website or its’ content for anything other than for its intended purpose including but not limited to: defamation; harassment; stalking; abusive or threatening behavior; or any behavior that might violate the substantial rights (such as rights of privacy) of others.
• Interfere with or infringe upon the security of our website; or otherwise abuse our system resources; services; or networks that may be connected to our website.
• Use language our Company believes to be offensive or objectionable to employees or Customers.
• Engage in any acts or behavior considered illegal, unlawful, or unethical. We reserve the right to make the determination to cancel or limit a User’s access for such behavior or acts.

V. LICENSE

A. Personal Use Only.

Information provided on our website is for educational and information purposes only. The user or visitor understands and agrees that any website content accessed or used is for their own personal use and at their own risk. Content and interactive features are provided “as is”. Visitors, users, and business partners agree to hold our company; owners; employees; and agents; harmless for any damages; losses; or injuries; as a result of using or accessing our website.

B. Content.

For the purpose of this agreement, “Content” includes and is not limited to: text; audio; pictures; video; illustrations; files; interactive features; programming; code; and any other digitally recorded media. Medi Solutions srl grants each user or visitor to our website, a worldwide, non-exclusive, non-sub-licensable, and non-transferable license to use, display, copy, and/or reproduce content found on our website for their own personal use. Commercial or illegal use is prohibited.

VI. INTELLECTUAL PROPERTY

A. Reservation of Rights.

Medi Solutions srl retains all rights, title, and interest to their own intellectual property, including but not limited to website content which is protected by copyrights; trademarks; service marks; patents; trade secrets; or other proprietary rights and laws. Visitors and users agree to comply with all appropriate copyright, intellectual property, and trademark laws, both domestic and international and not to infringe upon those rights.

B. Termination.

Our Company reserves the right to terminate access to our website or services at any time, with or without notice to you. All provisions contained within our Terms of Service shall survive termination, including but not limited to: indemnification; intellectual property; limitation of liability; disputes; and governing law.

VII. LIMITED LIABILITY

Users understand and agree that any Content they access or transmit via our website is considered “as is” and at their own risk. Users agree to accept responsibility for any damages or losses to themselves or any other party. “Content” includes and is not limited to: text; video, audio, comments; information; data; text; photographs; graphics; and any interactive features generated, provided, or otherwise made accessible by or through our website.

VIII. CUSTOMER SERVICE

If you need to contact us about: our website; app; user account; Terms of Service; or other services, please contact us via email at: info@mediterraneanbook.com . Please allow 24-48 hours for response time. Local time shall apply to all Customer Service requests.

IX. WARRANTY DISCLAIMER

A. No Warranty.

Users understand and agree that our website and content are provided “as is” without representation, warranty or condition of any kind, either express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.

B. Limited Liability.

We do not represent or warrant that our website or its contents will meet your expectations or requirements, or that their use will be uninterrupted or error free. As a result, users and visitors agree to release us from any liability related to content accessed through our website. We make no warranty or representation regarding content or services accessed; and we will not be responsible for the correctness, copyright compliance, or legality of material contained within the website.

X. INDEMNIFICATION

A. Hold Harmless.

Users and visitors agree to defend, indemnify, and hold harmless our Company, owners, employees, officers, and representatives from all losses, costs, actions, claims, third party claims, damages, expenses (including reasonable legal costs and fees) or liabilities, that might arise involving your use or misuse of, or access to: our website; services; content; URL; links; violations of these Terms of Service; or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

B. Usage.

Users and visitors also agree to be personally and financially liable, and to indemnify our Company (as well as owners; employees; affiliates; agents; and assigns), without limitation, for any damages and injuries for unauthorized, attempted, physical uploading or downloading any and all content, advertising, or materials from our website or app.

XI. TERMINATION

We reserve the right to terminate access to all or any part of our website or services at any time, with or without notice to you. Provisions contained within this Terms of Service Agreement shall survive termination, including, without limitation, legal disclaimers, warranty disclaimers, indemnification, limited liability, disputes, and choice of law provisions.

XII. PRODUCT DISCLAIMER

A. Limitation of Liability.

We shall not be liable or responsible for any injury, loss, and/or damages, resulting from a user or visitor: accessing; operating; transmitting; submitting; using; installing; handling; downloading or uploading; or running any program; app; or service from our Company or website. This may include and is not limited to: content; programs; and/or apps.

B. At Your Own Risk.

Our Company disclaims any and all liability, and the User warrants to release Us, our owners; employees; agents; and representatives from any and all liability or responsibility whatsoever. All users, Buyers, and Sellers acknowledge and agree that they are accessing and using our website; platform; and services at their own risk.

XIII. LIMITATION OF LIABILITY

USERS AND VISITORS UNDERSTAND AND AGREE THAT THEY ARE ASSUMING ALL RESPONSIBILITY AND RISK FOR ACCESSING AND USING OUR WEBSITE AND ITS CONTENT. AT NO TIME SHALL OUR COMPANY OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, ITS’ CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

XIV. FORCE MAJEURE

Visitors and users understand and agree that our Company is not responsible for any delay or failure to perform regarding our website, products, or services, to the extent that a delay or failure is caused by events beyond our control such as: fire, flood, explosion, strike, labor unrest, riot, embargo, act of civil or military authority, accident, acts or omissions of carriers, act of God, or any other contingency.

We shall attempt to provide notice of any Force Majeure event on our website as soon as possible.

XV. NOTICES

Notices that are required in this Agreement must be in writing and sent to party’s last known address as follows: via: email; U.S. Postal Service or overnight/special courier. Service is considered complete upon the parties’ receipt of said notice.

XVI. DISPUTES

A. Mediation.

The parties understand and agree that any disputes shall be resolved in a professional and business-like manner. In the event the parties are unable to resolve a dispute involving: compensation; business relationship; or terms of this Agreement; they acknowledge and agree that all claims shall be brought before a qualified Mediator in or near Catania, Italy, with the parties sharing the cost and choice of a third-party Mediator.

B. Notice.

The disputing party shall serve upon the non-disputing party a (30) day notice of intent to Mediate the dispute prior to filing any claim. Mediation shall be subject to Arbitration Rules as adopted by the American Bar Association. Failure to provide Notice may waive the party’s ability to file a claim.

C. Jurisdiction.

The prevailing party shall be entitled to reimbursement of legal fees and costs, including but not limited to attorney’s fees. In the event the parties are unable to resolve their dispute, then venue and jurisdiction shall be with the Courts located in Catania, Italy.

XVII. GOVERNING LAW

These Terms and Conditions as well as our Agreement and policies, shall be governed by and construed in accordance with the laws of Italy excluding conflict of law, and C.I.S.G. provisions.
If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.

XVIII. CONTACT

If you have any comments or questions regarding our website, policies, or services, please contact us as follows:

Medi Solutions srl

Email: info@mediterraneanbook.com
Phone: 001 0039 340 22 47 436
Effective Date: 24 – May – 2018