Terms & Conditions

MICHAEL C. FINA TERMS & CONDITIONS OF USE

Effective Date:  August 3, 2016

Welcome to www.www.michaelcfina.com.  This website (including without limitation any mobile applications) (this “Website”) is owned and operated by Michael C. Fina, Inc. (hereafter, “Michael C. Fina”, “we” or “us”).

By using this Website, you agree to these terms and conditions of use located at [http://www.www.michaelcfina.com/terms] (“Terms of Use”).  Please read them carefully.

Any account you may establish on or through this Website and the purchase or use of any products available through this Website are governed by these Terms of Use.  We may update these Terms of Use from time to time in our sole discretion and post an updated version of the notice at [http://www.www.michaelcfina.com/terms].  It is your responsibility to check periodically for any changes we may make to the Terms of Use.  Your use of this Website is conditioned upon your acceptance of these Terms of Use.  Your continued use of this Website constitutes your agreement to these Terms of Use including without limitation any updates we may make.  If you do not wish to be bound by these Terms of Use, please do not use this Website.

Privacy Policy

Your use of this Website is also conditioned upon your acceptance of our privacy policy at [http://www.www.michaelcfina.com/privacy] (“Privacy Policy”), which is hereby incorporated herein by reference and which we may update periodically in our sole discretion and post an updated version of on this Website.  Your continued use of this Website constitutes your agreement to the Privacy Policy.  You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other method) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy.

Website Content

All content on this Website (including without limitation, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations (including without limitation the compilation of all content included in or made available through the Website), interfaces, code and software) (“Content”) is the exclusive property of Michael C. Fina (or its providers) and is protected by copyright, trademark and other applicable United States and international laws.  You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website.  You may, however, print pages from this Website for personal, non-commercial use on the condition that you include a copyright notice on each page.  Michael C. Fina does not represent, warrant or covenant that your use of the Content available on this Website has not, does not or will not infringe rights of third parties not affiliated with Michael C. Fina. 

Conditional License to Access Website & Prohibited Uses

Subject to your compliance with these Terms of Use, Michael C. Fina grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (in Michael C. Fina’s sole discretion) license to access and make personal and non-commercial use of this Website on the further conditions that YOU ARE PROHIBITED FROM

  • downloading, copying or other use of the Content or this Website for any purpose competitive to Michael C. Fina or for the benefit of another vendor or any third party;
  • caching, unauthorized linking to this Website or the framing of any Content available on this Website;
  • modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, selling, or creating derivative works of any Content products obtained from or through this Website;
  • uploading, posting or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  • using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from this Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools);
  • bypassing any measures that have been implemented to prevent or restrict access to this Website; or
  • taking action that imposes or may impose (in Michael C. Fina’s sole discretion) an unreasonable or disproportionately large load on Michael C. Fina’s infrastructure, or damage or interfere with the proper working of our infrastructure. 

The license granted by Michael C. Fina terminates if you do not comply with these Terms of Use.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Michael C. Fina and its providers.

Your Information & Other Responsibilities

You represent that all of the information, data and other materials you provide on this Website or to Michael C. Fina through any other means are true, accurate, current and complete.  You are responsible for updating and correcting the information you have provided, as appropriate.  Some features that may be available on this Website require registration.  By registering, you agree to provide true, accurate, current and complete information about yourself.  You shall be responsible for obtaining access to this Website, including your paying of any third-party fees (such as Internet service provider or airtime charges).  In addition, you shall provide and remain responsible for all equipment necessary to access this Website. 

Registration on this Website

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide accurate contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in Michael C. Fina’s sole discretion.  You agree to accept responsibility for all activities that occur under your account or password.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.  You will notify Michael C. Fina immediately of any unauthorized use of your Michael C. Fina account or this Website known to you, whether by you or a third party.

Termination

Michael C. Fina reserves the right in its sole discretion to refuse or cancel any registration for this Website, remove any person from this Website and prohibit any person from using this Website for any reason whatsoever and to limit or terminate your access to or use of this Website at any time without notice.  Michael C. Fina may also terminate your account and refuse any and all current or future use of any portion of this Website: (i)  to comply with applicable law; (ii) if you provide any information that Michael C. Fina determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete); (iii) if Michael C. Fina determines, in its sole discretion, that you are using your Michael C. Fina account in a manner not permitted by these Terms of Use; or (4) in other circumstances, as Michael C. Fina deems appropriate in its sole discretion.

[OPTIONAL IF APPLICABLE: You may cancel your Michael C. Fina account at any time by contacting Michael C. Fina customer support.] 

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME IN OUR SOLE DISCRETION. 

You agree that Michael C. Fina shall not be liable to you or any third party for any cancelation of any registration or other termination of licenses or of your access to this Website and that all representations and warranties, limitations of liability, warranty disclaimers and indemnities shall survive any such cancelation or termination.

Termination of your access or use will not waive or affect any other right or relief to which Michael C. Fina may be entitled, at law or in equity.  Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

You are Responsible for Your Content
You agree that you are responsible for any Content you submit through this Website, including without limitation the consequences of your posting such Content.
You may not post Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses or bugs, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MICHAEL C. FINA AND ITS REPRESENTATIVES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MICHAEL C. FINA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MICHAEL C. FINA OR LAW ENFORCEMENT AUTHORITIES.
If you post Content or submit material, and unless we indicate otherwise, you grant Michael C. Fina a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Michael C. Fina and its sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the content is accurate; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.  Michael C. Fina has the right but not the obligation to monitor and edit or remove any activity or content. Michael C. Fina takes no responsibility and assumes no liability for any Content posted by you or any third party.

By submitting and/or posting Content to this Website, you automatically grant to Michael C. Fina a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative works of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed.  Any Content you transmit or post may be used by Michael C. Fina or licensed to others by Michael C. Fina for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

Purchases

Michael C. Fina may, in its sole discretion, either not process or cancel your order in certain circumstances including without limitation when we suspect the request is fraudulent, the product you wish to purchase is out of stock or has been mispriced or in other situations Michael C. Fina deems appropriate.  Michael C. Fina also reserves the right, in its sole discretion, to take steps to verify your identity to process your order.  Michael C. Fina will either not charge you or refund the charges for orders that we do not process or cancel.

Product Descriptions

Michael C. Fina seeks to provide accurate descriptions of products on this Website but does not represent, warrant or covenant that the descriptions were, are or will be accurate, complete, reliable, current or error-free.  [If a product on this Website is not as described, your sole remedy is to return the item, as specified in these Terms of Use ].

Pricing Information

Michael C. Fina seeks to provide accurate pricing information regarding the products available on this Website but cannot ensure there will be no pricing errors.  Michael C. Fina reserves the right, in its sole discretion, to either not process or cancel any orders placed for any product with an incorrectly posted price on this Website as a result of any error.  If this occurs, Michael C. Fina will seek to notify you by email.  In addition, Michael C. Fina reserves the right, in its sole discretion, to correct any error.

Risk of Loss

The risk of loss for and title to products purchased on this Website passes to you as the purchaser upon delivery to the carrier.

Return Policy

Sales on this Website are subject to Michael C. Fina’s Return Policy at [http://www.www.michaelcfina.com/returnpolicy.html].

Shipping & Tax

Our policy regarding shipping and tax, which may change from time to time, is available at [http://www.www.michaelcfina.com/customer-service/delivery-information.html

Warranty Disclaimers & Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

MICHAEL C. FINA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS WEBSITE WILL BE SECURE; THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE.  IF YOU USE, DOWNLOAD OR OTHERWISE ACCESS ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOAD OR OTHER ACCESS OF ANY SUCH CONTENT. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MICHAEL C. FINA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHAEL C. FINA DOES NOT WARRANT THAT THE MICHAEL C. FINA (OR ITS SUPPLIERS’) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, MICHAEL C. FINA’S (OR ITS SUPPLIERS’) SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MICHAEL C. FINA (OR ITS SUPPLIERS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MICHAEL C. FINA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MICHAEL C. FINA (OR ITS SUPPLIERS’) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  YOU AGREE THAT NEITHER MICHAEL C. FINA NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless Michael C. Fina and its officers, directors, employees, advisors, agents, subsidiaries, affiliates, successors, assigns, service providers and suppliers, licensors, providers or other representatives (“Representatives”) from and against any and all claims, damages, obligations, losses, liabilities, costs, judgments or debt, fees (including without limitation attorneys’ fees) and expenses arising from:  (i) Content you supply; (ii) your use of and access to this Website; (iii) your violation of any term of these Terms of Use; or (iv) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right.  Your obligation to defend, indemnify and hold harmless Michael C. Fina and its Representatives will survive termination, modification or expiration of these Terms of Use and your use of this Website.

Website Links

Michael C. Fina has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website.  The inclusion of any link to such sites does not imply endorsement by Michael C. Fina of these websites.  Your linking to any other pages or websites is at your sole risk.  You agree that Michael C. Fina will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites.  We encourage you to read the terms of use and privacy statements of all such websites, as their policies may be different from Michael C. Fina.

Communication

When you use this Website or send emails, text messages or other communications to Michael C. Fina, you are communicating with Michael C. Fina electronically.  You consent to receive electronic communications from us.  Michael C. Fina will communicate with you in a number of ways including without limitation by email [or by posting notices on this Website].  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  All notices from Michael C. Fina intended for receipt shall be deemed delivered and effective when sent to the email address you provide on this Website.

Trademarks

The trademarks and logos (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Michael C. Fina or its providers or others.  You will not construe anything contained on this Website as granting any license or right to use any Trademarks displayed on this Website without the written permission of Michael C. Fina or such third party that may own the Trademarks displayed on this Website.  Michael C. Fina’s trademarks and trade dress may not be used in connection with any product that is not Michael C. Fina’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Michael C. Fina.  Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein is strictly prohibited.

Copyright

All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Michael C. Fina or its Content suppliers and protected by U.S. and international copyright laws.  The compilation (i.e., the collection, arrangement and assembly) of all Content on this Website is the exclusive property of Michael C. Fina and protected by U.S. and international copyright laws.  All software used on this Website is the property of Michael C. Fina or its software suppliers and protected by U.S. and international copyright laws.  The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing with the following information:

  • Description of the copyrighted work that you claim has been infringed upon;
  • Description of where the material that you claim is infringing is located on the site;
  • Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your address, telephone number, and e-mail address;
  • Physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Michael C. Fina’s copyright agent to receive notifications of claimed copyright infringement is:  info@mcfina.com or Michael C. Fina, Inc., 33-01 Hunters Point Avenue, Long Island City, NY 11101, Attention:  Legal – Copyright Complaint.
Please note that this procedure is exclusively for notifying Michael C. Fina that you believe your copyrighted material has been infringed.
We reserve the right to ignore a notice that does not comply with the procedure above.

Your Responsibility for Your Password

You may receive a password in connection with your use of this Website.  You will be responsible to maintain the confidentiality of your password and account and will be solely responsible for all activities that occur under your password and account.  If you believe or become aware of any loss, theft or unauthorized use of your login credentials, please notify Michael C. Fina immediately.  You agree that Michael C. Fina may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website have been made by you unless we receive authorized written notice indicating otherwise.

Force Majeure

Michael C. Fina shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes; (iv) labor strikes; or (v) other causes beyond the reasonable control of Michael C. Fina.  In the event that Michael C. Fina is temporarily unable to ship to you a purchased item because of such an event, Michael C. Fina will give you the option of deferring shipment or receiving a refund of your charges.

General Provisions

These Terms of Use constitute the entire agreement and understanding between you and Michael C. Fina with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  If any portion of these Terms of Use is determined to be unenforceable in a binding judgment of a court of competent jurisdiction, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.  Any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions.  Any legal action or proceeding relating to your access to, or use of, this Website or our Content will be instituted in a state or federal court in New York County, New York, and you hereby agree to submit to the personal jurisdiction of such courts.  Any failure of Michael C. Fina or its Representatives to act with respect to a breach of these Terms of Use by you or others shall not waive Michael C. Fina’s right to act with respect to subsequent or similar breaches.  Michael C. Fina does not guarantee it will take action against all breaches of these Terms of Use.  You may not assign these Terms of Use without the prior written consent of Michael C. Fina, which may be withheld in Michael C. Fina’s sole discretion and where any attempted assignment that does not comply with these Terms of Use shall be null and void.  Michael C. Fina may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

Contact Information

If you have any questions or comments about these Terms of Use, please contact us by email at info@mcfina.com or write us at:

Customer Support
Michael C. Fina, Inc.
33-01 Hunters Point Avenue
Long Island City, NY 11101