Terms of use

Use of the Website is a privilege. Users who violate the Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of individuals under the legal age of majority in the jurisdiction they reside. Individuals who are at least 18 years of age but under the legal age of majority in the jurisdiction they reside may not use, or submit any information to, the Website and may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age and the legal age of majority in the jurisdiction they reside, and who agrees to be bound by these Terms of Use, and responsible for action taken on the Website.

III. DEFINITIONS

For the purposes of the Terms of Use, the following definitions apply:

"Affiliates" refers to companies and divisions under the ownership of Dolce Vita Footwear, Inc. or that own Dolce Vita Footwear, Inc.

"Content" includes all Text, Graphics, Design and Programming used on the Website.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Programming" includes, but is not limited to, both client-side code (including, but not limited to, HTML, JavaScript, etc.) and server-side code (including, but not limited to, Active Server Pages, VBScript, databases, etc.) used on the Website.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"You" or "your" refers to the person accessing the Website and agreeing to the Terms of Use.

IV. USE OF THIS WEBSITE

You may not collect or use any portion of the content of the Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use of the Website will terminate the permission or license granted by Dolce Vita, which termination is in addition to all of Dolce Vita’s other rights at law or in equity. In addition, you specifically agree not to use the Website to do any of the following:

• Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;

• Harm or exploit children;

• Advocate illegal activity or an intention to commit an illegal act;

• Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;

• Email or transmit content that constitutes a "pyramid" or similar scheme;

• Email or transmit content that infringes on the intellectual property or the right of any entity or person;

• Advertise or otherwise engage in any commercial endeavor without Dolce Vita’s explicit, written permission;

• Intentionally or unintentionally violate any applicable local, state, national or international law;

• Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or

• Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website.

XI. INFORMATION YOU PROVIDE TO DOLCE VITA VIA THE WEBSITE

If you choose to provide any personal information via the Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy. In order to facilitate communications between you and Dolce Vita, the Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. To the fullest extent permitted by applicable law, Dolce Vita shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

XII. LIMITATIONS ON INFORMATION SUBMITTED

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, "Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable, royalty-free, perpetual and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Policy. You also acknowledge that we may use your Submissions and any ideas, concepts or know how contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:

• It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at info@dolcevita.com);

• It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);

• It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;

• It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

• It may not contain trade secrets (unless you own them or have the owner's permission to transmit them);

• It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;

• It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;

• It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;

• It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;

• You may not solicit money, investments or make any offering of securities or investments;

• You may not submit chain letters or pyramid schemes; and

• You may not submit opinions or notices, commercial or otherwise.

To the fullest extent permitted by applicable law, you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. To the fullest extent permitted by applicable law, you further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

XIII. FORUMS

Dolce Vita may offer features through the Website that enable you to post information and materials publicly, for example, in product reviews, chat areas, and other similar forums (collectively, "Forums"). All of the rules of conduct described in the Limitations on Information Submitted section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website. By submitting content to a Forum, you grant Dolce Vita a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world on the Website or any other media, now known or hereafter devised; and (b) use the name that you submit in connection with such content.

The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content's accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Dolce Vita, and Dolce Vita does not endorse any such opinions, statements or materials. From time to time, we may offer customers incentives to leave product reviews (for example, to earn points as a member of our loyalty program). Since it is important to us that product reviews are impartial and honest, these incentives will be available to customers regardless of whether a review is positive or negative.

XIV. MONITORING OF INFORMATION

Dolce Vita does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

Dolce Vita reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Dolce Vita to disclose the identity of anyone posting any content or email messages, or publishing or otherwise making available any materials or information that are believed to violate the Terms of Use or law.

XV. INTELLECTUAL PROPERTY RIGHTS

Dolce Vita owns any and all intellectual property rights relating to the Dolce Vita brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Dolce Vita brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Website does not grant you any rights or licenses relating to the Dolce Vita Intellectual Property, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in the Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

XVI. PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the Website's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) 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, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Dolce Vita Footwear, Inc.
Attn: Director of Customer Service, Ecommerce
52-16 Barnett Ave
Long Island City, NY 11104
or by e-mail at info@dolcevita.com.

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that we have removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

XVII. DISCLAIMER OF WARRANTIES

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows below.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU HEREBY UNDERSTAND AND AGREE THAT THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER DOLCE VITA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DOLCE VITA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE WEBSITE; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S); (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE WEBSITE; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

DOLCE VITA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. DOLCE VITA DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND DOLCE VITA MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOLCE VITA NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

XVIII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOLCE VITA AND/OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, PARTNERS, ADVERTISERS, LICENSORS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND PERSONS OR ENTITIES WHICH THE SAME ARE IN PRIVITY WITH, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE USE OF THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL EXCEED THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE, OR A MAXIMUM OF ONE HUNDRED DOLLARS ($100.00). YOU ALSO AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOLCE VITA IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. DOLCE VITA IS NOT RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ANY CONSEQUENCE THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE.

XIX. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DOLCE VITA, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF AND ACCESS OF THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS & CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR USE OF THE WEBSITE CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

XX. THIRD-PARTY WEBSITES

The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement (for example, a department or specialty store). These websites may be operated by companies that are not affiliated with Dolce Vita, and may have different privacy policies and terms of use. Dolce Vita does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.

XXI. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND DOLCE VITA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY DOLCE VITA, AND/OR TO THESE TERMS OF USE.

    A. MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION

    Dolce Vita values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to Dolce Vita by email at info@dolcevita.com. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for Dolce Vita to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

Likewise, Dolce Vita agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Dolce Vita’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.

You and Dolce Vita agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Dolce Vita request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any lawsuit. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or otherwise participating in good faith in this informal dispute resolution process.

    B. NO CLASS ACTIONS OR JURY TRIALS

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS/CONSUMERS OR BRING OR PARTICIPATE IN, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY LAWSUIT OR OTHER DISPUTE RESOLUTION PROCEDURE. YOU AND WE EXPRESSLY WAIVE THEIR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

ADDITIONALLY, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

XXII. NOTICE TO NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section V above, the disclaimer of liability for any loss or damage, and in Section IX above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section IX above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Sections V and IX above, the requirement that you indemnify Dolce Vita (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section XI below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

XXIII. GENERAL INFORMATION

Entire Agreement. The Terms of Use, together with the Privacy Policy and any other terms, agreements and/or notice that reference and/or incorporate these Terms of Use, constitute the entire agreement governing your use of the Website, superseding any prior agreements between you and Dolce Vita with respect to the Website.

Waiver and Severability. The provisions of the Terms of Use are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of Dolce Vita to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Governing Law. Your use of the Website and any dispute arising out of or in connection with the Website including the Terms of Use and Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of laws provisions.

Viruses and Transmission of Sensitive Information. Dolce Vita cannot and does not guarantee or warrant that the materials contained on the Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Dolce Vita does not assume any responsibility or risk for your use of the Internet, nor does Dolce Vita assume any responsibility for any products or services of, or hyperlinks to, third-parties.

XXIV. MISCELLANEOUS

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

XXV. NOTICE OF ACCESSIBILITY

If you are having trouble accessing www.dolcevita.com, please call our Customer Service Team at 1-877-525-2833 for assistance.