Terms and Conditions
TERMS AND CONDITIONS
By visiting and using LieslCruz.Com (hereinafter the “website”), you
accept and agree to be bound by these Terms and Conditions including our
Disclaimer and Privacy Policy posted on the website and incorporated herein by
reference.
The term “you”
refers to anyone who uses, visits and/or views the website. Liesl Cruz (“company”,
“I”, “we” or “us”) reserves the right to amend or modify these terms and
conditions in its sole discretion at any time without notice and by using the
website, you accept those amendments.
It is your responsibility to periodically check the website for updates.
Your continued
use of the website after posting of any changes to our Terms and Conditions
constitutes your acceptance of those changes and updates. You must not access
or use the website if you do not wish to be bound by these Terms and
Conditions.
AGE AND UNITED STATES USE ONLY
All
information and content on this website is intended for individuals over the
age of 18 that reside in the United States. Children under the age of 18 are
prohibited from using this website without express parental or guardian consent.
Consent is deemed as given when a parent or guardian uses their password to log
in or shares said password directly with their child. We do not envision offering products or services to
individuals living in the European Union as outlined in the General Data
Protection Regulation. Additionally, we make no representation that the
information provided on the website including any products and/or services are
available or appropriate for use in other locations including but not limited
to the European Union as outlined in the General Data Protection Regulation.
PRIVACY POLICY
We are dedicated to
respecting the privacy of your personal information. Your acceptance of our
Privacy Policy is expressly incorporated into these Terms and Conditions.
Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our
Disclaimer is expressly incorporated into these Terms and Conditions. Please
review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your
right to bring any legal claims, now or in the future arising out of or related
to the website and our products/services. In the event of any dispute, claim or
controversy arising out of or relating to your use of this website, the terms
and conditions shall be construed in accordance with the rules and regulations
of the state of Louisiana and United States. You
agree to consent and submit to the jurisdiction of the state and federal courts
located in Louisiana without regard to the principles of conflict
of law or where the parties are located at the time a dispute arises. You agree
to resolve any disputes or claims first through mandatory arbitration in the
state of Louisiana and shall bear the full
cost of arbitration as permitted by law. Your good faith participation in
arbitration is a condition precedent to pursuing any other legal or equitable
remedies available such as litigation or any other legal procedure. You also
agree that in the event a legal claim is initiated after the required arbitration,
the prevailing party shall be entitled to recover reasonable attorney’s fees
and other costs associated with the legal action.
INTELLECTUAL PROPERTY
All content on this
website including but not limited to text, posts, logos, marks, graphics, files,
materials, services, products, videos, audio, applications, computer code,
designs, downloads and all other information here (collectively, the “Content”)
is owned by us and is protected by copyright, trademark and other intellectual
property and unfair competition laws.
You are granted a limited revocable license to print or download Content
from the website for your own personal, non-commercial, non-transferrable,
informational and educational use only, while ensuring it’s not in violation of
any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy,
duplicate, steal, modify, publish, display, distribute, reproduce, store,
transmit, post, create derivative works, reverse engineer, sell, rent or
license any part of the Content in any way to anyone, without our prior written
consent. You agree to abide by the
copyright, trademark laws and intellectual property rights and shall be solely
responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or
information that you upload, display, post, transmit, send, email or submit to
us on the website or on any of our social media sites, you warrant that you are
the owner of that Content or have express permission from the owner of those
intellectual property rights to use and distribute that Content to us. You
grant us and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
and license to identify you, publish, post, reformat, copy, distribute,
display, edit, reproduce any Content provided by you on our website and on any
of our social media sites for any purpose. You shall be solely liable for any
damages resulting from any infringement of copyrights, trademark or other
proprietary rights of any Content or information that you provide to us.
You agree not upload,
display, post, transmit, distribute, send, email or submit to us on the website
or on any of our social media sites any information or Content that is (a)
illegal, violates or infringes upon the rights of others, (b) defamatory,
abusive, profane, hateful, vulgar, obscene, libelous, pornographic,
threatening, (c) encourages or advocates conduct that would constitute a
criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus,
any kind of malicious computer software or any other harmful information that
is actionable by law, (e) any attempts to gain unauthorized access to any
portion or feature of the website, and (f) send unsolicited or unauthorized
material or cause disruption in the operation of the website. You agree to use
the website for lawful purposes only and shall be liable for damages resulting
from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third party
websites or resources for your convenience. We may serve as an affiliate for
some of these third party websites by offering or
advertising their products or services on the website; however, we do
not own or control these third party websites. Once
you click on a third party link and leave this website, you are no longer bound
by our terms and conditions.
You agree that we are not
responsible or liable for the accuracy, content or any information presented on
these third party websites. You assume all risks for using these third party
websites or resources and any transactions between you and these third party
websites are strictly between you and the third party. We shall not be liable
for any damages resulting from your use of these third party websites or
resources.
TERMINATION
We reserve the right in
our sole discretion to refuse, remove, restrict your access, revoke and
terminate your use of our website including any or all Content published by you
or us at any time for any reason, without notice.
NO REFUNDS
All sales of products
and/or services on this website are final. No refunds will be issued. We truly
believe in giving more than receiving and each of our products and services is
designed by keeping this core principle in mind. The prices are intentionally
kept reasonably low in price as compared to market value to give you the tools
and information you need at an affordable price.
NO WARRANTIES
ALL CONTENT,
INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS
OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS,
PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES
THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE
INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY
DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL
EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree
that under no circumstances, we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall be
liable for any direct, indirect, incidental, consequential, equitable, special,
punitive, exemplary or any other damages resulting from your use of this
website including but not limited to all the content, information, products,
services and graphics presented here.
You
expressly agree that your use of the website is at your sole risk and that you
are solely responsible for the accuracy of the personal and any information you
provide, outcome of your actions, personal and business results, and for all
other use in connection with the website.
You also
expressly agree that we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall not
be liable to you for any damages resulting from 1) any errors or omissions on
the website, delay or denial of any products or services, failure of
performance of any kind, interruption in the operation and your use of the
website, website attacks including computer virus, hacking of information, and
any other system failures; 2) any loss of income, use, data, revenue, profits,
business or any goodwill related to the website; 3) any theft or unauthorized
access by third party of your information from the website regardless of our
negligence; and 4) any use or misuse of the information, products and/or
services offered here.
This
limitation of liability shall apply whether such liability arises from
negligence, breach of contract, tort or any other legal theory of liability.
You agree that we provide no express or implied guarantees to you for the
content presented here, and you accept that no particular results are being
promised to you here.
INDEMNIFICATION
You agree
to indemnify and hold the Company and/or its
officers, employees, successors, shareholders, joint venture partners or anyone
else working with us harmless from all losses, claims, damages, demands,
actions, suits, proceedings or judgments, including costs, expenses and
reasonable attorneys’ fees (“Liabilities”) assessed against or
otherwise incurred by you arising, in whole or in part, from: (a) actions or
omissions, whether done negligently or otherwise, by you, your agents,
directors, officers, employees or representatives; (b) all your actions and use
of the website including purchasing products and services; (c) violation of any
laws, rules, regulations or ordinances by
you; or (d) violation of any terms and conditions of this website by you or
anyone related to you; e) infringement by you or any other user of your account
of any intellectual property or other rights of anyone. Company will notify you
promptly of any such claims or liability and reserves the right to defend such
claim, liability or damage at your expense. You shall fully cooperate and
provide assistance to us if requested, without any cost, to defend any such
claims.
ENTIRE AGREEMENT
These Terms and Conditions
along with our Privacy Policy and Disclaimer constitutes the entire agreement
between you and us with respect to this website. It supersedes all prior or
contemporaneous communications, discussions, negotiations or proposals we may
have had with you whether electronic, oral or written.
A printed version of this
entire agreement including the Privacy Policy and Disclaimer and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings with respect to this website to the same extent and given the same
effect as other business contracts and documents kept and maintained in printed
form.
SEVERABILITY
If any provision in these
Terms and Conditions is deemed by a court, regulatory
authority or other public or private tribunal of competent jurisdiction to be
invalid or unenforceable, such provision is deemed to have been omitted from
this Agreement. The remainder of this Agreement remains in full force and
effect, and is modified to any extent necessary to give such force and effect
to the remaining provisions, but only to such extent.
CONTACT
For
any questions, please contact us at Support@LieslCruz.Com.