TERMS AND CONDITIONS

Welcome to Cosanuova and www.cosanuova.us (the “Site”), which is provided by ML Capital Management, Inc. (“Cosanuova,” “we”, “us” or “our”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to visit our Site, learn about and purchase the most beautiful and latest jewelry designs available (our “Products”). In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. We ask you to take a few moments to read these Terms, which govern all use of our Site and all orders and returns for our Products made through the Site. Please read these Terms carefully and thoroughly.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THIS SITE. IF YOU ARE 13 OR OLDER, BUT UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

Changes to Terms

As we improve our Products or improve the features or functions we offer on this Site, we may need to update these Terms to add new terms that are relevant to such improvements. In the event we do make changes, the revised version of these Terms will be effective immediately upon posting such a revised version of these Terms or other notice on the Site. You should frequently review these Terms because your continued use of the Site after posting of a revised version signifies your consent such new Terms.

Use of the Site

The purpose of the Site is to enable you to learn more about us and our Products, and to purchase or return our Products. Provided you comply with these Terms, our Privacy Policy, and our Shipping & Returns policy (collectively, the “Cosanuova Policies”), we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and use the Site to learn about and purchase our Products. In order to do this, you will need to first create an account (“Account”). Any other access to or use of the Site or the Content (defined below) constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. When you create an Account, we will collect certain information from you, which may include your payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. Cosanuova cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password. You must be 13 years or older to register for an Account and make purchases. You may never use another person’s Account without permission. We reserve the right to terminate your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers if necessary with their expiration dates, so that we can complete your transactions and contact you as needed. If you do not want to create an account you can still enter our Site as a Guest (without registering). Guests do not need to have a Login ID but they are only allowed to view all publicly available content on the Site and email us. To purchase our products through the Site, access exclusive content, manage personal information, maintain wish lists, post comments and other content on the Site, sign up for alerts, promotions and/or notifications an account must be created. Guest checkouts are allowed in which case an email, first and last name, billing information and shipping information will be requested; however, the functionalities available to a “Registered User” or “Account Holder” will not be available. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

Electronic Communications

By using the Site and providing your contact and other information through the Site, you agree that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.

Privacy Policy

Information that you provide or that we collect about you and your Organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

Security

We take commercially reasonable measures, as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.

Content

You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

Product Information

Cosanuova makes every attempt to ensure that our Site is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, we state that carat total weight in all purchases may vary 0.05 carats from the stated weight.

On the Site, we provide the information of our products based on the manufacturing specifications of our manufacturing partners and suppliers. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

Our Products and Pricing

If you're interested in an item that is currently out of stock, contact us and we can tell you when the item will be back in stock. On occasions, due to unpredictable volume of orders and/or for specific items, we may go out of stock on any given item before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

Information, including prices, may be inaccurately displayed on our Site due to system or typographical errors. Although we make every attempt to avoid these errors, they may occur and we do not warrant that all product descriptions are 100% accurate, complete, reliable, current, or error free. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product for a refund or pay the difference between the actual and charged prices. If a Product is not as described, your sole remedy is to return it in unused condition for a full refund.

All our prices are final, we do not negotiate prices on any of our products; furthermore, our prices are also subject to change without notice. The prices displayed for items are the retail prices and do not include any applicable sales or other taxes that we may be required to collect. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our customer service representatives at info@cosanuova.us.

Customer Rewards Programs

We reserve the right to offer any type of Customer Loyalty Rewards; this might include loyalty points, coupons, vouchers, credits, gifts, gift cards, items, or any other type of benefit to the customer as we deem fit. Rewards Points will be available for use as coupon codes in the “My Account” section and will be available 30 days after qualifying purchase are made. We reserve the right to change, modify and/or suspend any and all type of Customer Loyalty Rewards without previous notice. By returning goods, you agree to forgo all Loyalty Rewards associated to the return. If Reward Points are used to purchase goods and the items related to the Reward Points are at some point returned and refunded, the customer will be liable and must pay for an amount equal to the value of the original reward.  Using Customer Loyalty Rewards to pay for other purchases and then returning the reward earning purchases is considered fraud. This and any other type of misuse of our Customer Loyalty Rewards will be deemed cause to contact the corresponding authorities.

For questions about a specific Rewards Program contact us for further clarity and program details at info@cosanuova.us

Comparison Buying

Due to high restocking and overhead costs, we do not allow comparison buying. Comparison buying is when you purchase several items with the intent of only keeping the one most liked and then returning the rest. If you are unsure about which item to purchase, please feel free to contact us and we will gladly share more information with you and help you make your choice.

Offender Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted the policy of terminating and barring, in appropriate circumstances and at our sole discretion, Site users or account holders who are deemed to be repeat offenders. Cosanuova may also terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat violation.

Third Party Content

Cosanuova may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Cosanuova does not monitor or have any control over any Third Party Content or third party Sites. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Cosanuova does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Links to the Site

Without our express, prior, written permission, you shall not:

  • “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content
  • Cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Cosanuova or any entity that is affiliated or associated with us, or
  • otherwise imply or state that any type of relationship or special arrangements exist with Cosanuova and any other entity,
  • use any trade name, trademark, or brand name of Cosanuova in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this Site, Cosanuova, or our products or services that are provided by you to Cosanuova are non-confidential and shall become the sole property of Cosanuova. Cosanuova will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Cosanuova and its affiliates and 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 and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this Site;
  • The content is accurate and not misleading;
  • Use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Product Reviews And User Content

Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

  1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; V. Unsolicited promotions, political campaigning, advertising or solicitations;
  5. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  7. User Content that, in the sole judgment of Cosanuova, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose us or our users to any harm or liability of any type.

Cosanuova takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Cosanuova's right to disclose any such information shall govern over any terms of our Privacy Policy. If you post User Content to our Site, unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Cosanuova and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Trademark

All Cosanuova brands are trademarks of Cosanuova and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, or trademarks, of Cosanuova or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners.

Copyrights

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or by Cosanuova, please provide written notice to by sending an email to info@cosanuova.us

Your written notice must (i) contain your physical or electronic signature, (ii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material, (iii) contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address), (iv) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law, and (V) contain a statement that the information in the written notice is accurate.

Shipping Information

For information regarding shipping, see our Shipping & Taxes.

Refunds and Returns

To return a product, email info@cosanuova.us to obtain return information or use our automated service by login into your account, select order history, click on order details, select items and quantity to be returned and click on MAKE AN RMA SLIP. We do not take title to returned Products until we receive the product. At our discretion, we may choose to issue a refund or send a replacement Product without requiring a return. In this situation, we do not take title to the refunded item. We do not refund shipping charges although exceptions can be made at our discretion. By returning goods you forgo all rewards without limitations associated to the returned goods. We try to process returns and refunds as quickly as possible and most refunds are usually processed within a week or so; however, we reserve the right to take up to 6-8 weeks for processing. Please see our Refunds and Returns policy.

United States Only

By using the Site, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which is governed by U.S. law, these Terms, and the Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United and (iii) the exclusive jurisdiction of the courts of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Disclaimer Of Warranty

THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:

  1. I THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY COSANUOVA, INCLUDING ANY PRODUCTS;
  2. THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET;
  3. COSANUOVA’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS;
  4. ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS;
  5. YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR
  6. THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SITE OR ANY PRODUCT.

UNDER NO CIRCUMSTANCES SHALL COSANUOVA, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (I) THROUGH (IV) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF COSANUOVA, EVEN IF COSANUOVA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF COSANUOVA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, COSANUOVA AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Broward County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this Site, any purchase from this Site, or these Terms and Conditions. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Indemnification

You agree to indemnify, defend and hold Cosanuova, and the officers, directors, employees and agents of Cosanuova, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Cosanuova, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability and to block and prevent your future access to the Site. Furthermore, we reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

Severability

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

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Communications With Us

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us, submit or post any content that contains confidential information. We are not responsible for the dissemination of personal, private or confidential information that is sent, posted or submitted to us via email, through the Site or through any social or electronic platform. YOU, AND NOT COSANUOVA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

Questions

Please contact us with any questions regarding the Site or these Terms by e-mail info@cosanuova.us

Acknowledgement

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.