Harmont & Blaine Miami
Website Access and Usage Terms and Conditions
YOUR CLICKING “I AGREE” WHEN CONTACTING US VIA THIS WEBSITE (THE “SITE”), YOUR USE OF THIS SITE AND/OR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”). YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT.
PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN WAIVERS, CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR ANY OF THE CONTENT OR SERVICES PROVIDED VIA THE SITE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU HEREBY WAIVE THE RIGHT AND AGREE NOT TO JOIN IN ANY CLASS ACTION INVOLVING THE SITE OR ANY OF SUCH CONTENT OR SERVICES.
These Terms constitute a binding legal agreement between you and ACM Americas Corporation., d/b/a Harmont & Blaine and/or its affiliates (collectively, “Harmont & Blaine” “we” or “us”). We may modify the Terms as well as discontinue, withdraw, replace or change any content, products or services offered via the Site and may modify these Terms at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
You acknowledge and agree that these Terms are supported by good and valuable consideration that includes, without limitation, your use of the Site and the electronic acceptance of these Terms has the same force and effect as if you physically signed the Terms.
- I. USE OF SITE
We are the exclusive agent and master licensee of Harmont & Blaine S.p.A. in the [State of Florida, U.S.A., and the Caribbean] and we market and sell genuine Harmont & Blaine products in our physical stores and via this Site. The Site offers information regarding Harmont & Blaine and its products (collectively, the “Products”) and provides for online purchasing of Products. You may also register as a user to receive information and promotional content from us and you may subscribe to our newsletter via the Site. Harmont & Blaine may remove, modify or otherwise discontinue providing any Products and/or any content on the Site at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without Harmont & Blaine’s prior written consent.
As a condition of your use of the Site, you represent, warrant and covenant to Harmont & Blaine that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
- Use a robot, spider or other automated device, process or means to access or use the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third-party systems.
- Send false or misleading information, including, without limitation, any information provided in connection with ordering any Products.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any Products or other material that is provided to or by you via the Site.
- Restrict or inhibit any other user from using and enjoying the Site.
- Scrape or otherwise copy any images or other content on the Site or harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
Harmont & Blaine shall have no obligation to monitor the usage of the Site. However, Harmont & Blaine reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. Harmont & Blaine reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. Harmont & Blaine further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
The Products provided for sale via the Site are for purchase by you as the end user of the Products or for use as a gift to give to an end user of the Products, and not for resale or other redistribution. You agree that you shall not re-sell or distribute the Products to any third party, including, specifically, but without limitation, via eBay, Amazon.com, NexTag.com, PriceGrabber.com, your own website or any other online or physical point of sale, whether operated by you or a third party. Harmont & Blaine may refuse orders for the Products if the quantity being purchased exceeds what is reasonably appropriate for individual use or Harmont & Blaine otherwise believes that the Products are being purchased for resale or redistribution.
- II. USER ACCOUNT REGISTRATION AND DATA
You may create a user account for your use of the Site in order to make the checkout process easier and/or to subscribe to our newsletter or receive promotional and other information from us. You agree to: (a) create only one account (unless specifically approved by Harmont & Blaine in writing); (b) provide accurate, truthful, current and complete information for your account; (c) maintain and promptly update your account information and payment method information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and otherwise not permitting third parties to access or use your account; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account at: firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all purchases and other transactions or activities that occur under your username and password, whether or not you have authorized the activity, and indemnify Harmont & Blaine with respect to any Claims arising from or related to any use of your account, whether authorized or unauthorized. If you purchase any Products via the Site, you authorize Harmont & Blaine and/or the applicable third-party suppliers and their designated payment processors to store and use your payment information and other related information for payment processing purposes. Harmont & Blaine reserves the right, exercisable as it determines in its sole and absolute discretion, to suspend, disable or terminate access to your account based on suspected or actual unauthorized use or other violation of these Terms or any of the other agreements, terms and conditions applicable to any Products you purchase or otherwise use via the Site. If you access the Site from outside the United States, you consent to the transmission and/or transfer of data relating to your user account and communications and transactions relating to Products purchased via the Site across all applicable international boundaries.
- ONLINE PURCHASES; FEES AND PAYMENTS
All purchases of Products via the Site are and shall be subject to these Terms and you agree to comply with these Terms. By submitting an order for the Products via the Site, you agree to purchase and pay for the ordered Products, including all sales tax and other taxes related thereto other than our income taxes. Payment for Product purchases is required in advance at the time of ordering and shipment of the Products is contingent on our receiving payment in full for the ordered Products. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Prices reflected in this Site are in U.S. dollars and are intended to be valid and effective only in the United States on sales by us, and do not apply to other Harmont & Blaine websites or store locations. If a Product is listed at an incorrect price, we reserve the right to correct the price and cancel the order for the Product at the incorrect price, and you are required to pay the correct price in order to purchase the Products.
Resale of the Products via any online point of sale or other means is prohibited without the specific prior written permission of Harmont & Blaine. Risk of loss and/or damage with regard to all Products purchased by you shall pass to you upon delivery of the Products to the designated carrier FOB [Miami, Florida]. Insurance for shipment and delivery of the Products is your sole responsibility. Title to the Products shall not pass to you, and shall remain with Harmont & Blaine, until such time as the Products have been paid for in full. You agree to pay any and all prices, fees and other charges due for the Products purchased or otherwise obtained via the Site at the time you order the applicable Product, unless otherwise specified in the applicable Product purchase and payment terms. All prices and payments are and shall be in U.S. Dollars. In addition, you acknowledge and agree that you shall pay and be solely responsible for payment of and Harmont & Blaine may charge you for any applicable taxes, duties and other regulatory or governmental charges. In the event that a governmental authority determines that taxes are due after a sale has been completed, you agree that we may invoice you for such taxes after the sale and you agree to pay same. All payments are non-refundable unless otherwise expressly stated otherwise in the applicable additional agreements, terms and conditions for the particular Products. Prices are subject to change at any time, and such changes or modifications shall be posted online on the Site and shall be effective immediately without need for further notice to you. When placing an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose.
Payment shall be made by credit card via our designated payment processing service provider, currently Chase Paymentech. You agree to comply with the terms and conditions of use of such payment processing service provider. If for any reason Harmont & Blaine is unable to charge your credit card or other payment method for the full amount owed for purchased Products, or if Harmont & Blaine receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card or other payment method, you agree that Harmont & Blaine may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate suspension of your account and/or cancellation, without notice to you, of any Products. Harmont & Blaine also reserves the right to charge you reasonable additional service fees for (i) additional time and/or costs Harmont & Blaine may incur as a result of your noncompliance with this Agreement (as determined by Harmont & Blaine in its sole and absolute discretion); (ii) third party or other claims relating to your use of the Site or purchase or use of any Products; (iii) recouping any and all costs and fees, including, without limitation, the cost of Products, incurred by Harmont & Blaine due to chargebacks or other payment disputes or charged by your bank or credit card or other payment processor. These additional service fees will be billed to the credit card or other payment method you have on file with Harmont & Blaine. Past due payments shall accrue interest at the rate of one and one-half percent (1 1/2%) per month or the applicable maximum legal rate, whichever is less, until the past due balance together with accrued interest has been paid in full.
- RETURN POLICIES; REFUNDS; credits
Unopened, unworn and otherwise unused Products that you purchased directly from our Site may be returned for a credit or refund of the actual purchase price paid (less shipping and handling fees) within thirty (30) days after the date of purchase. Items that are opened are not returnable for a refund or credit unless found to be defective due to defects existing prior to shipment to you. To request a refund or credit, you must email email@example.com and provide your order number to obtain a return authorization number and return the Product to us at your own expense if applicable. Returned items must be received by Harmont & Blaine before refunds or credits will be processed. You acknowledge and agree that in the event that Harmont & Blaine agrees to process a refund or credit with respect to a purchase of Products, Harmont & Blaine’s issuance of a refund or credit receipt is only confirmation that Harmont & Blaine has submitted your refund to the credit card or other payment method charged at the time of the original sale, and that the timing of actual receipt of the refund depends on the applicable credit card or payment method processing which is beyond the control of Harmont & Blaine. Harmont & Blaine also has the right, but not the obligation, to offer a credit for customers seeking refunds to use toward payment of other purchases. If you purchased the Products or Services from another site or vendor, the return/credit terms, if any, must be requested from such other site or vendor and are subject to such other site’s or vendor’s terms.
- LINKS TO THIRD PARTY SITES; FRAMING OF THIRD-PARTY SITES
The Site may contain links to other third-party websites (“Linked Sites”) or frames of other third-party website screens (“Framed Sites”) which may offer third party products and services. The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under Harmont & Blaine’s control and Harmont & Blaine is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services. Harmont & Blaine is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any personal or payment information you provide to any such Linked Site or Framed Site in connection with purchasing any Products or otherwise. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by Harmont & Blaine of the Linked Site or Framed Site or any association with or its operators.
- VI. INFORMATION PROVIDED TO THE SITE
By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to Harmont & Blaine and its contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of Products to you and fulfilling orders for the Products placed by you, including contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing Products to you based on your expression of interest and request to be contacted. No compensation will be paid with respect to the use of such information. Said permission is transferable by Harmont & Blaine to an acquirer in connection with a business or asset sale. Harmont & Blaine is under no obligation to post or use any information you may provide and may remove any such information at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right. Always use caution when giving out any personally identifying information about yourself or your children via any website. Harmont & Blaine does not control or endorse the content, messages or information found in any communication sent by you to the site or to you from any third party and, therefore, Harmont & Blaine specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Harmont & Blaine spokespersons, and their views do not necessarily reflect those of Harmont & Blaine. When you visit this Site or send e-mails to Harmont & Blaine, you are communicating with Harmont & Blaine electronically, and by doing so, you consent to receive communications from Harmont & Blaine electronically. Harmont & Blaine may communicate with you by email, phone, texting or by other means and you consent to same. You may provide notice to us requesting that we not contact you or not contact you via specified methods. You agree that all agreements, notices, disclosures and other communications that Harmont & Blaine provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that Harmont & Blaine may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. Harmont & Blaine reserves the right to disclose your personally identifiable Information to its successors-in-interest or in connection with a merger or acquisition transaction or change of control.
VII. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information, and shall not allow any third party to use same. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and Harmont & Blaine shall have no liability with respect thereto.
Harmont & Blaine does not warrant the accuracy or completeness of the information, graphics, text, links, or other material or content contained on this Site or with respect to any of the Products, and is not responsible for any errors or omissions in the content of this Site or any of the Products. Harmont & Blaine shall have no liability for damages of any kind arising out of information or other content on this Site. Harmont & Blaine does not ensure that this Site is free of viruses or other harmful components.
UNLESS EXPRESSLY STATED OTHERWISE, ANY OPINIONS AND STATEMENTS EXPRESSED OR POSTED ON THE SITE BY OTHERS ARE NOT THOSE OF HARMONT & BLAINE AND NO AGREEMENT WITH, ENDORSEMENT BY OR OTHER ASSOCIATION OF HARMONT & BLAINE WITH SUCH OPINIONS AND/OR STATEMENTS EXISTS OR IS IMPLIED.
HARMONT & BLAINE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY OF THE PRODUCTS DESCRIBED IN OR PURCHASED OR OTHERWISE PROVIDED VIA THE SITE FOR ANY PURPOSE. THE SITE AND ALL SUCH CONTENT AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HARMONT & BLAINE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HARMONT & BLAINE EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING IN CONNECTION WITH OR RELATING TO ANY USER CONTENT.
IN NO EVENT SHALL HARMONT & BLAINE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO ANY PRODUCTS OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HARMONT & BLAINE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ANY OF THE PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS.
HARMONT & BLAINE RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AND/OR HARMONT & BLAINE PRODUCTS, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND HARMONT & BLAINE WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
You agree to defend, hold harmless, release and indemnify Harmont & Blaine and its affiliates and its and their respective officers, directors, managers, employees, independent contractors and other representatives from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or relating to any Products provided on or via this Site. You agree to and hereby release and hold Harmont & Blaine and its affiliates harmless from any claims relating to any action taken by Harmont & Blaine as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any Products. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Site or the purchase or use of any Products, and agree that any dispute or claim raised or made by you against Harmont & Blaine relating to the Site or with respect to any Products shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You represent, warrant and covenant that you shall not use any Products in any location or for any person or purpose that would violate U.S. export control laws or any other applicable laws. Use of the Site and any of the Products is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Harmont & Blaine as a result of your agreement with these Terms or use of the Site or the purchase or use of any Products. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Harmont & Blaine with respect to the Site and the information provided via the Site and the purchase or use of any Products, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Harmont & Blaine with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ALL DISPUTES OR CLAIMS RELATED TO THE SITE OR ANY PRODUCTS OTHER THAN THOSE BROUGHT BY HARMONT & BLAINE SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF SHALL BE EXCLUSIVELY ADJUDICATED BY MANDATORY BINDING ARBITRATION IN MIAMI, FLORIDA ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION AGREEMENT SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. YOU ACKNOWLEDGE THAT YOU ARE WAIVING AND HEREBY WAIVE ALL RIGHTS TO BRING OR MAINTAIN ANY COURT ACTION, JURY TRIAL OR ANY CLASS CLAIM, CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION, CLAIM OR PROCEEDING AGAINST HARMONT & BLAINE IN A COURT OF LAW.
- X. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact Harmont & Blaine via e-mail: firstname.lastname@example.org.
When Harmont & Blaine becomes aware of an alleged violation of these Terms, Harmont & Blaine may initiate an investigation. Depending on the severity of the violation, Harmont & Blaine may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, Harmont & Blaine will notify the appropriate law enforcement agency of such violation.
- XI. COPYRIGHT AND TRADEMARK NOTICES
All information and materials on the Site, including without limitation the text, graphics, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the Products are the intellectual property of Harmont & Blaine S.p.A. and are used under license by its licensors and its suppliers. Copyright © 2020 ACM Americas Corporation d/b/a Harmont & Blaine and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Harmont & Blaine. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with Harmont & Blaine, its licensors or its suppliers, as the case may be.
HARMONT & BLAINE® and the HARMONT & BLAINE logo are trademarks and service marks of Harmont & Blaine S.p.A. and are used under license by ACM Americas Corporation. All rights not expressly granted herein are reserved. No interest or right to use any trademarks is acquired by accessing or using this Site or any content thereon or using or purchasing any Products. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Harmont & Blaine or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
XIII. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO:
Written notification must be submitted to the following Designated Agent:
ACM Americas Corporation d/b/a Harmont & Blaine
Name of Agent Designated to Receive Notification of Claimed Infringement:
Veli M. Chabebe
Full Address of Designated Agent to Which Notification Should be Sent:
1330 Coral Way, #204
Miami, Florida 33145
Attn: Veli M. Chabebe
Telephone Number of Designated Agent:
305 443 0038
Facsimile Number of Designated Agent:
305 443 0038
Email Address of Designated Agent:
WHAT YOUR NOTIFICATION MUST INCLUDE:
To be effective, the notification must include the following:
- 1. Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
- 2. Identification of the copyrighted work(s) 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 us to locate the material;
- 4. 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 owner, its agent, or under applicable law;
- 5. 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; and
- 6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:
Upon receipt of the written notification containing the information as outlined above:
- 1. Harmont & Blaine shall remove or disable access to the material that is alleged to be infringing;
- 2. Harmont & Blaine shall forward the written notification to such alleged infringer; and
- 3. Harmont & Blaine shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
HOW THE ALLEGED INFRINGER CAN RESPOND TO US:
The alleged infringer can respond by submitting a written counter notification to Harmont & Blaine’s Designated Agent.
WHAT THE COUNTER NOTIFICATION MUST INCLUDE:
To be effective, a counter notification from the alleged infringer must include the following:
- 1. The alleged infringer’s name, address, and telephone number;
- A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which Harmont & Blaine is located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
- 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;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of the alleged infringer.
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:
Upon receipt of a counter notification containing the information as outlined above:
- 1. Harmont & Blaine shall promptly provide the complaining party with a copy of the counter notification;
- 2. Harmont & Blaine shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- 3. Harmont & Blaine shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that Harmont & Blaine’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Harmont & Blaine’s network or system.