The following Terms of Use + Privacy Policy (this “Agreement”) govern use of the website www.cocolucca.com (the “Site”). The Site is owned, but not necessarily maintained, by Coco Lucca L.L.C. (“Coco Lucca”, “us”, or “we”). This Agreement applies to the Site and all products and services offered by Coco Lucca. Users of this Site (“Users”, “you”, or “your”) expressly agree to the terms of this Agreement; if you do not agree with any of the terms set forth below, please exit the Site immediately.
Site Content + Use Restrictions
You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Coco Lucca, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the content, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Coco Lucca, is strictly prohibited. Coco Lucca name and logo are trademarks and service marks of Coco Lucca (collectively, the "Coco Lucca Trademarks"). Other company, product, and service names and logos used and displayed or otherwise incorporated into the Site may be trademarks or service marks of their respective owners, and nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Coco Lucca Trademarks or other trademarks displayed on the Site, without prior written permission in each instance. All goodwill generated from the use of Coco Lucca Trademarks will inure to our exclusive benefit.
Your Information
The Site may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit the Site, subscribe to a newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on the Site. Users may be asked for, as appropriate, email address. Users may, however, visit the Site anonymously. We will collect personal identification information from Users only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site-related activities.
The Site may collect non-personal identification information about Users whenever you interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to the Site, such as the operating system and the Internet service providers utilized and other similar information.
Use of Information
Coco Lucca may collect and use Users personal information for the following purposes:
Website improvements, including any feedback you may provide to help update the site;
Work product improvements, specifically any feedback you may provide regarding your experience at any of our events, your comments regarding any of our work product, etc.; and
We may use your email address to respond to any inquiries, questions, and/or other requests. If any User decides to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.
Information Sharing
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys, and we may share your information with these third parties for those limited purposes provided that you have given us your permission.
Other Websites
Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies. Coco Lucca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
Cookies
The Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COCO LUCCA AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTAINANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COCO LUCCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE. IN NO EVENT SHALL COCO LUCCA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
In General
This Agreement constitutes the entire agreement between you and Coco Lucca and governs your use of the Site, superseding any prior agreements between you and Coco Lucca with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Coco Lucca agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. The failure of Coco Lucca to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Consent + Changes
Use of this Site shall be deemed express approval of all terms of this Agreement. If you do not consent to this Agreement or any of the above terms, please immediately exit and discontinue use of the Site. Coco Lucca has the discretion to update this Agreement at any time. In the event this Agreement is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
Your continued use of the Site shall be deemed acceptance of this Agreement and any changes thereto.
Contact
If you have any questions about this Agreement, the practices of Coco Lucca, or your dealings with this Site, please contact us at info@cocolucca.com
Any rights not expressly granted herein are reserved.
© 2013 Coco Lucca L.L.C.
*This Agreement was last updated August 28, 2013