Terms and Conditions – Tony Agnesi

CONDITIONS OF USE

Tony Agnesi LLC dba VirtuPress and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Tony Agnesi LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tony Agnesi LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Tony Agnesi LLC, with copyright authorship for this collection by Tony Agnesi LLC, and protected by international copyright laws.

TRADE MARKS

Tony Agnesi LLCs trademarks and trade dress may not be used in connection with any product or service that is not Tony Agnesi LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tony Agnesi LLC. All other trademarks not owned by Tony Agnesi LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tony Agnesi LLC or its subsidiaries.

LICENSE AND SITE ACCESS

Tony Agnesi LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tony Agnesi LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tony Agnesi LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tony Agnesi LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tony Agnesi LLCs name or trademarks without the express written consent of Tony Agnesi LLC. Any unauthorized use terminates the permission or license granted by Tony Agnesi LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tony Agnesi LLC so long as the link does not portray Tony Agnesi LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tony Agnesi LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Tony Agnesi LLC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Tony Agnesi LLC and its associates attempt to be as accurate as possible. However, Tony Agnesi LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tony Agnesi LLC itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Tony Agnesi LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tony Agnesi LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Tony Agnesi LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tony Agnesi LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Tony Agnesi LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tony Agnesi LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.

APPLICABLE LAW

By visiting Tony Agnesi.com, you agree that the laws of the state of Ohio in the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tony Agnesi LLC or its associates.

DISPUTES

Any dispute relating in any way to your visit to Tony Agnesi LLC or to products you purchase through Tony Agnesi LLC dba VirtuPress shall be submitted to confidential arbitration in the state of Ohio in the United States of America, except that, to the extent you have in any manner violated or threatened to violate Tony Agnesi LLCs intellectual property rights, Tony Agnesi LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio in the United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Tony Agnesi LLC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: tony@tonyagnesi.com.