Terms of Use – for illy.com United States

Acceptance and Change of Terms of Use

Access to and use of the website www.illy.com (the “Site”) and the ancillary mobile sites and mobile apps operated by illycaffè S.p.A., its subsidiaries or affiliates (collectively, “illycaffè”) where these Terms of Use are posted are governed by these Terms of Use and require that you read and understand the same. The words “user”, “you” and “your” in these Terms of Use refer to a user of the Site.  These Terms of Use constitute a legal agreement and are entered into between you and illycaffè. BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

You may use our interactive services, such as, product ratings and reviews, expert Q&A, commenting, posting of videos, photos, recipes and stories (“User Services”) and these Terms of Use govern your use of those User Services.

illycaffè may change or update the Site and/or these Terms of Use, in whole or in part, at any time. Changes and updates to these Terms of Use will be binding once posted on the Site. We therefore invite you to regularly access this page to verify the publication of the latest updated Terms of Use. Your continued use of the Site following such changes or updates to these Terms of Use will constitute your acceptance of such changes or updates.          

From time to time illycaffè may offer contests, sweepstakes and similar promotions on the Site, each of which shall be governed by specific rules separate from these Terms of Use.  Such rules shall be accessible from the Site offering the promotion or when you submit your entry. 

Site Transactions

We reserve the right to refuse any order you place with us. All purchases are subject to availability and we may, in our sole discretion, limit or cancel quantities purchased, even if you have already placed your order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/home number provided at the time the order was made.

Unless otherwise indicated, all prices displayed on the Site are in US dollars and do not include shipping fees or applicable sales taxes, and all charges will be processed in US dollars. All prices are subject to change without notice and prices displayed on the Site may vary from those in stores or from store-advertised prices. Occasionally, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Please also note that while we have tried to accurately display the colors of our products, the actual colors you see on our Site will depend on your monitor. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

Additional terms may apply to your order that will be made available to you on the Site before you place your order. Please refer to our Shipping and Return policies on the Site to learn more about our shipping terms and return policy.

Intellectual Property Rights

The Site, including all information, software, code, text, displays, graphics, images, photographs, video, dialogues, music, sounds, audio, drawings, figures, menus, web pages, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, trademarks, trade names, logos and other materials and contents that are part of the Site, the webpages, their domain names and their design, presentation, selection and arrangement (individually and/or collectively called “Materials”) are the exclusive property of illycaffè, its affiliates and/or subsidiaries, or are otherwise licensed to illycaffè. The Materials are protected by copyright, trademark law, and/or other applicable state, federal, and international laws and regulations. The Materials may not, in any way or form, even partially, be copied, reproduced, distributed, sold, transferred, modified, published, adapted, translated, transmitted, rented, licensed, mirrored, framed, scraped, extracted, reverse engineered, decompiled or disassembled, except as specifically permitted by illycaffè in writing. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “illy” or any other colorable equivalent without the prior express written consent of illycaffè. You are granted a limited, nonexclusive, non-sublicensable, non-transferrable, revocable license to access and use the Site, download and print hard copy portions of the Materials for your informational, non-commercial and private use only, and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. Such license is subject to these Terms of Use and excludes: (a) the collection and use of any product listings, pictures or descriptions; (b) the resale of any Materials; (c) the distribution, public performance or public display of any of the Materials; or (d) use of any data mining, robots or similar data gathering or extraction method. In the event that link codes and embed codes relating to specific contents are provided on the Site, these codes may be used by users only for their direct, personal and private use provided that said use does not take place for direct or indirect commercial and/or profitable gain. Any use of the codes and/or the Materials in violation of the limits specified in these Terms of Use, or otherwise contrary to law, is illegal and will be prosecutable by illycaffè.  illycaffè and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Materials. illycaffè and its content suppliers shall have the right, at any time, to claim the authorship of any Materials posted on the Site and to object to any use, distortion or other modification of such Materials. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Materials expressly authorized in writing by illycaffè or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

You agree that with respect to any copy or download of the Materials, you will reproduce and include all copyright and/or other proprietary notices included in such Materials. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Materials. Users acknowledge and agree that any and all misappropriation or misuse of the Materials and/or any other information contained on the Site will cause irreparable harm to illycaffè and that in such event money damages will not constitute sufficient compensation to illycaffè. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Materials and/or any other information contained on the Site, you specifically consent to illycaffè obtaining injunctive relief against you in addition to any other legal or financial remedies to which illycaffè may be entitled.

“illy”, the illy logo and other illycaffè product or service names, logos or advertising slogans that may appear on the Site are trademarks or registered trademarks of illycaffè, and/or our affiliates or subsidiaries, and may not be used, in whole or in part, without the prior written permission of illycaffè. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners, and may not be used, in whole or in part, without the prior written permission of the applicable owner.  illycaffè and all other intellectual property owners have exclusive rights to use their respective intellectual property.

Responsibility For User Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our User Services or otherwise, and the accuracy thereof, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “User Content”).

User Content Submissions and Limitation of Liability

illycaffè provides the Site and the User Services and all other applications and services on the Site as a forum only. illycaffè is not liable for any statements, representations, or User Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation through the User Services. You may access the User Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the User Content other than as expressly provided herein.

By submitting User Content to illycaffè, you represent and warrant that:

• You understand you are participating in a public forum and that your User Content will be available to all other users of the Site, the User Services and potentially Third Party Sites;
• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize illycaffè to use all intellectual property and other rights thereto to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use);
• You forever waive all “moral rights” that you may have in such User Content as well as any rights of attribution or identification as the author of the User Content that you submit, or any derivative works of or upgrades or updates thereto;
• For any User Content that you submit, you grant illycaffè a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology whether now or hereafter known throughout the world without attribution or compensation to you. This license will survive the termination of these Terms of Use and your use of the Site; and
• For any User Content that you submit, you grant illycaffè the right to pursue at law any person or entity that violates your and/or our rights in such User Content.

You also represent and warrant that any User Content you submit:

• Is not false, inaccurate or misleading;
• Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
• Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships;
• Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, sexually or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation, or promote criminal, immoral or illegal activity;
• Is not submitted for compensation or other consideration, except as may be otherwise permitted in writing by illycaffè;
• Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
• Complies in all respects with these Terms of Use and our Privacy Policy;
• Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Does not contain any software, worms or other potentially damaging computer programs or files; and
• Is not confidential to you or any third party.

illycaffè assumes no liability for and does not endorse User Content or opinion, recommendation or advice expressed therein, and illycaffè disclaims all liability with respect to User Content, nor does illycaffè guarantee the accuracy, integrity or quality of the User Content.

If your User Content includes ideas, suggestions, documents or proposals to illycaffè through the User Services, (a) such User Content is not confidential or proprietary and illycaffè has no obligation of confidentiality, express or implied, with respect thereto; (b) illycaffè may have something similar to that User Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Content from illycaffè . Do not send illycaffè such User Content if you expect to be paid or want to continue to claim rights in such User Content.

User Content, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy.

Guidelines for User Services

We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our User Services, please consider the following guidelines:

• Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors;
• Stay on topic. Relevant and insightful contributions raise the overall value of the site experience; and
• Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.

You may not use our User Services to impersonate any person or entity, including, without limitation, any illycaffè official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.

User Content is moderated and subject to these Terms of Use. illycaffè reserves the right to not post User Content or to remove posted User Content without notice for any reason. User Content will be excluded if it violates provisions in these Terms of Use regarding submission of User Content generally. Product reviews are subject to our Customer Ratings and Reviews Terms of Use.

Copyright Complaints

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). Without limiting the foregoing, we have adopted the following policy toward copyright infringement with respect to the Site in accordance with the DMCA.  Please note that repeat copyright infringers may have their access to the Site terminated. If you believe in good faith that any content residing or accessible on the Site infringes your copyright rights, you may request removal of those materials (or access thereto) from the Site by sending a notice of copyright infringement to:

Customer Care Manager Email: customer.service@illy.com
Phone: (914) 253-4543
Address: illycaffè, 800 Westchester Ave., Suite 440, Rye Brook, NY 10573

Your notification should include the following information:

• Describe the copyrighted work, and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work and an identification of the content on the Site that you believe to be infringing and its location (e.g. URL);
• Contact information about the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Notifying Party”), including name, address, telephone number and e-mail address;
• A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
• A statement made that the information provided in the notice is accurate and that, under penalty of perjury, the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
• The Notifying Party's physical or electronic signature.

We may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.  Users who believe they are the wrongful subject of a copyright takedown notice may file a counter-notification.

Links and Other Websites

We invite you to interact with us on our social media pages where we post content and invite your feedback, such as at www.facebook.com/illy, www.twitter.com/illy, [www.instagram.com/illy_coffee/] or www.youtube.com/illy (such sites and any other third party websites “Third Party Sites”).           

The Site may contain links (the “links”) to Third Party Sites including other websites, blogs and social networks that are not operated by illycaffè. illycaffè does not operate, control or monitor these Third Party Sites, their content or their rules, and these Terms of Use do not apply to the same. Any link to other Third Party Sites is provided as a convenience only and shall not imply in any way endorsement or promotion by illycaffè of Third Party Sites and/or the contents published therein. illycaffè makes no warranty or representation whatsoever as to the content, goods or services, privacy practices provided on or through Third Party Sites and accepts no responsibility for such websites or for any loss or damage that may arise from your use of them. illycaffè does not recommend that its users access Third Party Sites, and if you choose to access any Third Party Site, you do so at your own risk and you are subject to the terms and conditions and privacy policies imposed by such site. You should always check and ensure that you comply with the terms of use posted on such Third Party Sites.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ILLYCAFFÈ (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, EXPENSES, OBLIGATIONS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF (A) YOUR USE OF AND ACCESS TO THE SITE AND THE USER SERVICES; (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (C) A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE REGARDING CONTENT; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); OR (E) ANY CLAIM THAT ANY USER CONTENT YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE AND THE USER SERVICES.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND NAVIGATION AND USE OF THE SITE AND THE USER SERVICES ARE ENTIRELY AT YOUR OWN RISK AND UNDER YOUR OWN RESPONSIBILITY. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ILLYCAFFÈ NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SITE, THE USER SERVICES AND THE PRODUCTS (INCLUDING SOFTWARE) AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”. THE SITE AND USER SERVICES MAY BE TEMPORARILY INACCESSIBLE OR OTHERWISE CONTAIN DEFECTS THAT IMPACT YOUR EXPERIENCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILLYCAFFÈ DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ILLYCAFFÈ MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, RELIABILITY, AVAILABILITY OR ACCURACY OF THE SITE, INCLUDING, WITHOUT LIMITING THE FOREGOING, THAT THE SITE, ITS CONTENT OR THE USER SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, USER SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THESE DISCLAIMERS WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILLYCAFFÈ SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NOR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF COMMERCIAL INFORMATION AND/OR ANY OTHER FINANCIAL LOSS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE, INABILITY TO USE, OR RELIANCE ON THE SITE, THE USER SERVICES, OR THE MATERIALS, CONTENT, PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE, OR ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR DEVICE, PROGRAMS OR DATA DUE TO YOUR USE OF THE SITE, THE USER SERVICES OR ANY LINKED THIRD PARTY SITE, OR THE CONDUCT OF OTHER USERS IN VIOLATION OF THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ILLYCAFFÈ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ILLYCAFFÈ IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, ILLYCAFFÈ’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, ILLYCAFFÈ’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

Exclusions to Limitations on Liability and Disclaimers

NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.  CERTAIN STATES LAWS SIMILARLY 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. 

Minors

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. You must be at least age 18 to access and use the Site.

Registration

In order to access or participate in certain areas of the Site, you may be asked to register for an account. Registration on the Site and User Services is reserved to users of at least 18 years of age. You agree to provide any personal information requested during registration, ensuring that this information is up-to-date, complete and accurate, and to update such information promptly after any changes. Any personal information you provide in the registration process will be collected in accordance with our Privacy Policy.

You are responsible for safeguarding the password that you use to access the Site and User Services and for any activities or actions under your password. You will not provide any false personal information on the Site or create an account for anyone other than yourself without permission. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

Privacy

illycaffè respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect your personal information when you visit or use the Site and how we use, disclose and otherwise manage that information. By accessing or using the Site, you consent to the practices described in our Privacy Policy.

Termination

You acknowledge and agree that illycaffè, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, your account, the Site or any User Services and remove and discard any related User Content for any reason, including where illycaffè believes that you have violated any provision of these Terms of Use. You agree that illycaffè shall not be liable to you as a result of any such suspension or termination. illycaffè reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use.  illycaffè reserves the right to modify and/or discontinue the Site and/or User Services, at any time, for any reason and without notice.

Waiver

The failure of illycaffè to insist upon strict adherence to any provision of these Terms of Use shall not constitute a waiver of such provision and shall not be considered a waiver of or limit illycaffè's right thereafter to insist upon strict adherence to that provision or any other provision contained in these Terms of Use.

Applicable Law and Jurisdiction

To the fullest extent permitted by applicable law, these Terms of Use shall be governed by the laws of the State of New York, without regard to its conflicts of law rules, and all claims, legal proceedings or litigation arising in connection with these Terms of Use, the Site and the Users’ Services will be brought solely in the courts of the State of New York, County of New York.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.