Terms of Service

Thank you for shopping at corbaniusa.com. These Terms of Use (or “Terms”) are a legal agreement between you and Corbani LLC, and your access or use of this website (or “site”) with a home page located at www.corbaniusa.com and including all subsidiary webpages) constitutes your agreement to follow and be bound by these Terms. “ You,” “Your,” and similar terms refer to you the individual using or visiting this website, any other person or entity on whose behalf you are using or visiting this website, and any person or entity that has rights through you. Corbani LLC reserves the right to update or modify these Terms at any time without prior notice, and for this reason, we encourage you to review these Terms whenever you visit our website; your subsequent visit to or use of this website constitutes your agreement to the updated Terms. These Terms of Use were last updated on December 1, 2015. The terms of these Terms of Use survive and continue to apply from the date you first viewed, used or accessed the website until thirty (30) years from the last date on which you viewed, used or accessed the website. If you have any questions regarding any of our policies, please contact our Customer Care department.

1. Legal Information

This website is expressly owned and operated by Corbani LLC. The address for Corbani LLC is 1321 Upland Dr., STE 5127, Houston, TX 77043, USA. Unless otherwise noted, all text, graphics, information, content, and other material featured on this website is protected intellectual property that is owned, controlled, or licensed by Corbani LLC and protected by copyright, trademark, trade dress, and/or patent. All worldwide rights, titles and interests are reserved, and in no event through your use of this website shall any such right, title or interest transfer to you.

Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Corbani LLC. You do not have the right to reproduce, publish, display, modify, sell, or distribute any of the content on this website.

2. Limitation of Liability

CORBANI LLC DOES NOT WARRANT THAT THE FUNCTION OR OPERATION OF THIS WEBSITE WILL CONTINUE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF ERRORS OR VIRUSES. AS A USER OF THIS WEBSITE, YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH THE USE OF OUR WEBSITE, AND YOU AGREE THAT YOUR ACCESS OF THIS WEBSITE IS UNDERTAKEN AT YOUR OWN RISK. CORBANI LLC SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, RULE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON CORBANIUSA.COM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF THE PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN OR REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICY POSTED ON THIS WEBSITE. OTHER THAN THE FOREGOING SOLE REMEDY, YOU AGREE THAT CORBANI LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER SUMS IN ANY AMOUNT ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CORBANI LLC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

3. Inaccuracies

We try to present recent, accurate and reliable information on our website at all times. However, there may be occasions when some of the information featured on this website may contain errors, including inaccuracies or incomplete data. Any errors are unintentional, and we apologize if erroneous information in any way affects your order. However, please be aware that we present our content ‘as is’ and make no warranty as to its accuracy, neither expressed nor implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Corbani LLC product is listed at an incorrect price due to any error, Corbani LLC shall have the right to cancel any orders placed for such incorrectly priced product. Corbani LLC shall have the right to cancel any such orders regardless of whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase, and your order is cancelled, Corbani LLC will issue a credit to your credit card account in the amount of the incorrectly charged price.

4. Availability

Many of our featured items are selected in limited quantities, and therefore, the stock cannot be replenished. This means that once all stock of an item is sold, the item may not appear on this website again. When an item featured on corbaniusa.com is no longer in stock, we take reasonable steps to remove that item from this website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 1-866-305-4704 9 a.m. – 9 p.m. EST.

5. Product Color, Texture and Detail

We try to display the colors, textures and details of our products that appear on this website as accurately as possible. However, as the actual colors, texture and details you see will depend on your monitor or personal device; we cannot guarantee that such display of any color, texture or detail will be accurate

6. Website Transactions

We reserve the right to refuse, limit or cancel any order placed with us. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors.

7. Shipping Limitations

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchase from corbaniusa.com are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the item(s) to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Indemnification

You agree to indemnify, defend, and hold harmless Corbani LLC, its officers, directors, employees, agents, licensors, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

9. Correspondence

Although we will take reasonable steps to respond quickly to applicable messages, Corbani LLC is under no obligation to respond to all pieces of correspondence received through corbaniusa.com, or to maintain your submitted messages in confidence or to pay compensation of any kind for your comments or submissions. While we welcome your comments regarding corbaniusa.com, do not send Corbani LLC any confidential or proprietary ideas, suggestions, materials, or information via any method of communication. Please note that all of your comments, feedback, ideas, suggestions, and other submissions (“Comments”) that are disclosed or submitted to Corbani LLC shall become and remain the property of Corbani LLC. You agree that your Comments shall not violate any third party including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. Any such disclosure by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding such submission. Unless required by law, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments without first obtaining your permission. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Corbani LLC or third parties as to the origins of any Comments. You are solely responsible for any Comments you make and their accuracy. Corbani LLC takes no responsibility and assumes no liability for any comments posted by you or any third party.

10. No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to Corbani LLC that you shall not use this website for any purpose that is unlawful or prohibited by this website’s Terms.

11. Password and Accounty Security

You understand and agree that you are responsible for maintaining the confidentiality of any passwords associated with your account that you create through this website. Accordingly, you understand and agree that you are responsible for purchases made under your account. If you become aware of any unauthorized use of your account, you agree to notify Corbani LLC Customer Care immediately.

12. Other Websites

This website contains links to other websites that are not under the control of Corbani LLC. Corbani LLC has no responsibility for and does not endorse linked websites. Links are provided solely for the convenience and information of this website’s users.

13. Personal Information

Your submission of personal information through this website is governed by this website’s Privacy Policy.These Terms incorporate by reference the terms and conditions of this website’s Privacy Policy.

14. Disclaimer

THIS WEBSITE AND ALL CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DISCLAIM ANY DUTY TO UPDATE OR REVISE ANY CONTENT ON THIS WEBSITE, ALTHOUGH WE MAY MODIFY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE.

15. Arbitration

CORBANI LLC AND YOU AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE WEBSITE AND/OR BETWEEN YOU AND CORBANI LLC (INCLUDING BUT NOT LIMITED TO ANY DISPUTE REGARDING THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THESE TERMS OF USE) TO FINAL AND BINDING INDIVIDUAL ARBITRATION. SUCH ARBITRATION SHALL BE HELD IN HOUSTON, TEXAS BEFORE A SINGLE ARBITRATOR, CONDUCTED UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TEXAS LAW (WITHOUT REFERENCE TO ITS CHOICE OF LAW PROVISIONS). YOU EXPLICITLY CONSENT AND AGREE TO THIS ARBITRATION PROVISION.

THERE MAY BE MORE LIMITED DISCOVERY IN ARBITRATION THAN IN COURT. THE ARBITRATOR MUST FOLLOW THESE TERMS OF USE. THIS ARBITRATION PROVISION WILL SURVIVE TERMINATION OF ANY AGREEMENT BETWEEN YOU AND CORBANI LLC.

NOTWITHSTANDING THE OTHER ELEMENTS OF THIS SECTION 17, NOTHING IN THIS SECTION 17 WILL BE DEEMED TO WAIVE, PRECLUDE, OR OTHERWISE LIMIT EITHER OF OUR RIGHTS, AT ANY TIME, TO: (1) BRING AN INDIVIDUAL ACTION IN A “SMALL CLAIMS” COURT IN HOUSTON, TEXAS AND BOTH PARTIES AGREE TO SUCH VENUE, OR (2) TO FILE SUIT IN A COURT OF LAW IN HOUSTON, TEXAS, ON AN INDIVIDUAL BASIS, TO ADDRESS INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AS WELL AS INSTRUCTIONS ON HOW TO FILE AN ARBITRATION PROCEEDING WITH THE AAA, ARE AVAILABLE AT WWW.ADR.ORG. THE TELEPHONE NUMBER OF THE ADR IS: 1-800-778-7879.

YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR’S COMPENSATION OR FEES WILL BE LIMITED TO THOSE AMOUNTS SET FORTH IN THE AAA’S CONSUMER RULES WITH THE REMAINDER PAID BY AM RETAIL. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF YOUR CLAIM OR THE RELIEF SOUGHT IN THE DEMAND IS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)), THEN THE PAYMENT OF ALL FEES WILL BE GOVERNED BY THE AAA RULES. IN SUCH CASE, YOU AGREE TO REIMBURSE CORBANI USA FOR ALL SUMS AND AMOUNTS PREVIOUSLY DISBURSED BY IT THAT ARE OTHERWISE YOUR OBLIGATION TO PAY UNDER THE AAA RULES. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE DECISION AND AWARD, IF ANY, ARE BASED. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES OR EXPENSES AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR’S RULING ON THE MERITS. THE ARBITRATOR’S DECISION MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

IF YOU ARE NOT LOCATED IN, ARE NOT BASED IN, DO NOT HAVE OFFICES IN, AND DO NOT DO BUSINESS IN THE UNITED STATES, ANY ARBITRATION BETWEEN YOU AND CORBANI LLC WILL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE (THE “ICC”) THEN IN FORCE (THE “ICC RULES”) BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE ICC RULES, AS MODIFIED BY THESE DEVELOPER TERMS, AND WILL BE ADMINISTERED BY THE INTERNATIONAL COURT OF ARBITRATION OF THE ICC. SUCH ARBITRATION WILL TAKE PLACE IN HOUSTON, TEXAS, USA.

16. No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with Corbani LLC in your individual capacity, and not as a member or representative of any class or collective action.

17. Waiver

Waiver of any of these Terms shall not be deemed a waiver of any other of these Terms, and if any Term is deemed unenforceable or invalid for any reason, that provision shall be severable from remaining provisions, which shall remain in full force and effect. These Terms constitute the entire agreement between you and Corbani LLC regarding your use of this website.

18. Other

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the website, will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law or conflict of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within six (6) months from the date the cause of action arises, and any claim not brought within such period is void and/or irrevocably waived. For any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the website, to the extent the Arbitration provision above in Section 17 is not applicable, shall be subject to the exclusive jurisdiction of state or federal courts located in Houston, Texas and you hereby consent and submit to the personal jurisdiction of such court.