TERMS AND CONDITIONS – SUSANA CRESCE DESIGNS
These Terms and Conditions were last modified on March 15, 2017.
These Terms and Conditions set forth the agreement between Susana Cresce Designs and the Users of our Web site, Products, and Services and are provided by Hey Bride, LLC, d/b/a Susana Cresce Designs, a Virginia limited liability company, with a registered address of 8040 Crianza Place, Vienna, Virginia 22182.
If you have requests concerning these Terms and Conditions or any questions, please contact us at firstname.lastname@example.org.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to a “Member” mean those registered Users of our Services.
References to the “Products” mean any and all products offered for sale by use, including both physical and digital products.
References to the “Services” mean the business coaching, courses, and mentoring offered by us.
References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.
References to “us,” “we,” “our,” and/or “Susana Cresce Designs,” mean Hey Bride, LLC, d/b/a Susana Cresce Designs.
References to the “Web site” mean the Web site bearing the URL www.susanacresce.com as well as any other Web site and/or digital storefront owned and/or operated by us, including but not limited to https://susana-cresce.myshopify.com/.
References to “you,” and/or “User” mean a general User of the Web site, Products and/or Services.
1.2. Agreement to be Bound.
SECTION II: GENERAL PROVISIONS
2.1. About Us.
At Susana Cresce Designs, we provide online business courses and coaching as well as both physical and digital products for purchase through our Web site and digital storefront.
2.2. Success Not Guaranteed; No Promise of Profit.
Members agree and acknowledge that, due to the nature of the industry in which Members seek training, profit or business growth is not guaranteed. Rather, success is dependent on Member’s own commitment to the learning the content provided, time and effort expended in relation to the training, educational background, prior work history, and ability to understand and implement lessons. In no event shall the provision of training be construed by a Member as a promise of profit, sales, revenues, or increased wealth or assets. To the extent any income, sales or growth figures are mentioned, provided as a case study, or otherwise presented to Member, such information is anecdotal and passed on to Susana Cresce Designs concerning the results achieved by the individual sharing the information. Susana Cresce Designs has performed no independent verification of the statements made by those individuals. Such information, if provided, is provided only for exemplar purposes only. In short, past performance and testimonials are not to be construed as an indication, promise, or projection of possible future results. Member shall not assume that he or she has the potential to make such income, sales, or growth figures itself as a result of his or her participating in the Services.
2.3. Reliance on Training at Member’s Own Risk.
The training made available via the Services is intended as a self-help, motivation, personal-improvement, and informational tool. It is not intended to be a replacement for a finance or business education, such as that received by a university, CPA, or MBA program. Training should not be relied upon or used as the sole basis for making decisions regarding business, finances, law, real estate, insurance, or any other specialized area without consulting primary, more accurate, more complete or more timely sources of information. Member is responsible for his or her own due diligence.
2.3. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site or via the Services or Products is not accurate, complete or current. You acknowledge that the Web site, Products and Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Web site, Products or the Services is at your own risk.
We do not warrant that any errors in the Web site, Products and/or the Services will be corrected.
2.5. Modifications and Changes to Terms and Conditions.
We may modify, add to, suspend or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site and the Services. Your use of the Web site, Products and/or the Services after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.6. Modifications and Changes.
We may modify, add to, suspend, or delete any aspect of the Web site and/or the Products and Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.7. Access to Web site and the Services.
Though we try to make the Web site, Products and Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site, Products or Services will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site, Products or Services.
2.8. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Web site, Products and/or Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a Member Account for any reason whatsoever, including but not limited to a breach or violation by the Member of any of the terms or provisions of the Terms and Conditions or any published Susana Cresce Designs policy or procedure; a discredit of Susana Cresce Designs by a User; misrepresentation of Susana Cresce Designs by making claims contrary to Susana Cresce Designs literature; ethical or legal violations that may cause Susana Cresce Designs to suffer damages; or any other material cause, in the sole discretion of Susana Cresce Designs.
In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a Susana Cresce Designs Member at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion.
In addition, although the Web site, Products and the Services are intended to be accessible worldwide, the Web site may not be available to all persons in all geographic locations or jurisdictions. Susana Cresce Designs reserves the right to limit the availability of the Web site, Products and/or the Services to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Web site or the Services is void where prohibited. By choosing to access the Web site, Products and/or the Services from any location other than the United States, you accept full responsibility for compliance with all local laws.
2.9. Prohibited Uses of Web site, Products and the Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site, Products or Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site, Products and/or Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site, Products and/or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site, Products and/or Services. We reserve the right to terminate your use of the Web site, Products and/or Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
We have done our best to display as accurately as possible the colors of our Products. That being said, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SECTION III: PRODUCT TERMS OF SALE
To purchase a Product you will need to create a free account. By registering with us for an Account, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge.
You are responsible for all use of your Account and all purchases made from your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions.
For security purposes, we strongly advise you to keep your Account ID and password confidential and to change your password if you think it may have been compromised.
You may terminate your Account at any time by writing to us at email@example.com.
3.3. Sale Price, Payment.
The sale price of our Products is set out at all times on the Web site as well as at the point of sale.
We may change this sale price from time-to-time in sole discretion.
Purchases for Products may be made using a variety of payment methods as set out at the time of checkout and shall be processed immediately.
3.5. Domestic Shipping & Handling, Tax.
Prices reflected on our Web site do not include shipping and handling or sales tax until the time when you have entered your delivery information.
You are responsible for the payment of any shipping and handling charges.
All Products shall be delivered pursuant to the timetable of the carrier and shipping method you choose upon checkout. In general, all Products are delivered promptly and no later than ninety (90) calendar days from the date of purchase.
In all events, including exchanges, undeliverable shipments, refused shipments, and order cancellations, shipping fees shall not be refundable.
3.6. International Shipping & Handling, Tax.
Please note that we do not provide tracked shipping or gift shipping options for international orders.
You are responsible for all local VAT and/or other taxes that may apply to an order as well as import and customs fees, if any.
Orders are immediately put in line for shipment and, therefore, cannot be cancelled prior to shipment.
3.7. Refunds & Exchange Policy.
Except where prohibited by law, all sales are final and no returns or exchanges are accepted except as provided for in this section.
Exchanges will only be accepted for defective or damaged Products. If your Product was damaged during shipping or the wrong item was sent, please contact us at firstname.lastname@example.org with the following information:
-Name and address; and
-Picture of damaged or wrong item.
If your exchange is approved, we will send you a pre-paid return shipping label to start the process.
All requests for exchanges must be made within fourteen (14) calendar days of receipt of the Product. Exchanges will only be given for unused Products returned to us in their original packaging.
Should you choose to use your own shipping company for any exchange and/or return other than the one we provide, we do not guarantee receipt of a returned item and encourage you to use a shipment tracking service.
If for any reason a return / refund is accepted, you will be responsible for the shipping, handling, and any other fees associated with reshipment of an exchanged Product from us to the User. No shipping fees will be refunded.
3.8. Gift Policy.
In the event that you receive a Product as a gift and wish to return it please know that you will not be eligible for a cash refund and will receive store credit only.
All requests for gift returns must be made within fourteen (14) days of receipt of the Product.
In order to request a gift return under this section please contact us at email@example.com with “Gift Return” in the subject line, and a brief message detailing the order you wish to return.
You will be responsible for the payment of your own return shipping and handling fees as well as shipping and handling for any purchases made with store credit.
Returns will only be given for unused, unopened Products returned to us in their original packaging.
3.9. Right of Refusal, Limitation, Change and Discontinuation.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.
We reserve the right to limit the available quantities of Products available for sale via the Web site for any reason at any time in our sole and exclusive discretion.
We reserve the right to discontinue the sale of any and all Products for any reason at any time in our sole and exclusive discretion.
Any offer for the sale of any and all Products designed, sold, distributed and/or otherwise made available by us is void where prohibited.
SECTION IV: MEMBERSHIP
4.1. Online Accounts, Generally.
By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you will be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions. Members agree further and acknowledge that any Account profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them. Members shall not create more than one (1) Account and shall not share an Account with any other User.
4.2. Transfer Prohibited.
You agree you shall not sell, trade or transfer that Account to any other person or entity except as provided for herein.
4.3. Account Types.
Use of the Web site, however, Members wishing to access the premium features of the Services may be required to pay a monthly subscription fee as set forth on the Web site at all times, including at the time of purchase, and which may be subject to change in our sole and exclusive discretion, without notice.
4.4. Account Guidelines.
The Web site and/or the Services may contain the ability to communicate with other Members, share via social media; participate in any comments sections and discussion forums, social media outlets, sales channels, and/or other interactive features, (collectively “Interactive Areas,”) in which Members may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute or otherwise publish to the Web site or the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to the Web site and the Services; and
Shall not personally attack another Member. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to the Web site and the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except as envisioned by the express purpose of the Web site and the Services; and
Shall not upload, post or otherwise transmit any content that violates any state, provincial, territorial, national or international law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other Member’s right to privacy, including by harvesting or collecting personally-identifiable information about other Members or distributing private information about another Members or any third party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any “chain letters”; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus, malicious code or other harmful, damaging, interfering, injuring or disruptive component; and
Shall not post false or misleading indications of origin or statements of fact; and
Shall not upload, post or otherwise transmit any content, software or other materials which restrict or inhibit any other User from using and enjoying the Web site or the Services; and
Shall not interfere with or disrupt the Web site, the Services, the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site, the Services and/or the Interactive Areas; and
Shall not violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; and
Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.
4.5. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (a “Submission,”) you agree to grant to us and our partners and affiliates a perpetual, irrevocable, transferable limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publish, edit, perform, publicly perform, publicly display, reproduce, and distribute such Submission in any and all forms, media, and technologies now known or hereinafter developed, alone or as part of other works, for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or any third party. You acknowledge that Submissions are not confidential, and your communications may be read or intercepted by others. You acknowledge that by submitting Submissions to Susana Cresce Designs, no confidential, fiduciary, contractually implied, or other relationship is created between you and Susana Cresce Designs other than pursuant to this Agreement.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
4.6. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
4.7. Account Security.
For security purposes, we strongly advise you to keep your Account ID and password confidential and to change your Password if you think it may have been compromised. You are entirely responsible for maintaining the secrecy of this information. In addition, we recommend that you quit your entire browser application when you have completed your time on the Services. This is particularly important when you are using the Services at a public location, such as an Internet café, library, or workplace or on a public device. You agree to immediately notify Susana Cresce Designs in the event of any security breach or unauthorized use of your Account ID, password, or any or all of your registration information. So that you can take advantage of the latest security technology, we recommend that you use the most recent version of your browser.
4.8. No Responsibility for Submissions.
Susana Cresce Designs is not liable for Submissions provided by any Members or third parties. Such Submissions do not represent the views of Susana Cresce Designs, its subsidiaries, or its partners.
4.9. Member Communications.
Susana Cresce Designs does not screen communications in advance and is not responsible for screening or monitoring material and content posted by Members. If a Member notifies Susana Cresce Designs of communications, which allegedly do not conform to these Terms, Susana Cresce Designs may investigate the allegation to determine, in good faith and its sole discretion, whether to remove or to request the removal of the communication. Susana Cresce Designs has no liability or responsibility to users for performance or nonperformance of such activities.
You may terminate your Member Account at any time by writing to us at firstname.lastname@example.org. In no event shall a refund be due or owing should a Member elect to terminate his or her membership unless as provided for herein.
SECTION V: SERVICE FEES
5.1. Service Fees, Generally.
At the present, membership in the Services is free; however, Members wishing to subscribe to our premium Services must pay either an ongoing Subscription Fee or per-Service Service Fee in the amount set forth on the Web site at the time of purchase. We may increase these Subscription and Service Fees from time to time, in our sole and exclusive discretion, where such changes shall take effect upon the next Billing Cycle for Subscription Fees (as defined in Section 4.2.)
5.2. Automatic Billing.
All Fees as set forth herein shall be pre-paid, in full. Subscription Fees must be paid as per the selected billing cycle (which may be a month, quarter, or year, the “Billing Cycle,”) on the first (1st) day of the Billing Cycle, where the first (1st) day of the first (1st) Billing Cycle shall be the date upon which Member registers for a premium subscription.
5.3. Form of Payment.
Payment shall be made automatically via our payment processor, Stripe, by automatic debit of the major credit or debit card provided by Member upon Account registration or as later updated by Member. Payment through our learning platform may also be available.
Due to the electronic nature of the Services that we provide, in no event other than material breach of these Terms by Susana Cresce Designs, shall a refund for Services be granted, in whole or in part, for any reason or no reason whatsoever, including but not limited to Member’s cancellation of a premium subscription prior the end of the Billing Cycle and/or Member’s failure to utilize the Web site and/or Services.
VI: INTELLECTUAL PROPERTY; PRIVACY
6.1. Intellectual Property Rights Not Waived.
This is an Agreement for access to and use of the Web site and the Services as well as purchase of Products, and you are not granted a license to any software or intellectual property by these Terms and Conditions aside from the limited right to use as set forth herein.
Furthermore, all material displayed or transmitted on this Web site and the Services, including but not limited to text, logos, icons, the HTML-based computer programs used to generate the Web site, blog posts, articles, photographs, images, illustrations, video clips, audio clips, and graphics, (“Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. You may not register any domain names that may confuse or contain any portion of the Susana Cresce Designs trade names or marks.
You may make a single print copy of any Materials provided by us on the Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on the Web site or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to email@example.com.
Susana Cresce Designs makes no claims that the Materials are appropriate or may be downloaded outside the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, including those relating to privacy.
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Web site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.
Any software that is made available for downloading from the Web site or the Services, (“Software,”) or any affiliate and/or partner Web site is protected by U.S. copyright and may be protected by other rights. The use of such Software is governed by the terms of the software End-User License Agreement or designated “Legal Notice,” as may be in force.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Susana Cresce Designs or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.
6.3. Confidential Information of Users.
SECTION VII: Third party Advertisements, Promotions, and Links
7.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from third parties on the Web site and/or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Web site or the Services.
7.2. Use of Third Party Tools.
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the Web site and/or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the Web site and/or the Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms and Conditions.
7.3. Third Party Links.
Certain content, products and services available via our Web site and the Services may include materials from third parties.
Third party links on the Web site may direct you to third party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party materials or Web sites and/or services, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the Web site and/or the Services. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party transactions should be directed to the third party.
SECTION VIII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
8.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE WEB SITE, PRODUCTS AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS or LICENSORS, WARRANT THAT THE use of the Web site, PRODUCTS OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, PRODUCTS AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE.
(D) IN NO EVENT SHALL WE, our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS or LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, personal injury or death, property damage, EXEMPLARY REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE, products AND/OR THE SERVICES, AND/OR ANY INTERACTIONS WITH ANOTHER USER.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE AND/OR THE SERVICES and/or purcahsing a product YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE or the Services or purchase any products.
(F) Susana Cresce Designs’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SUSANA CRESCE DESIGNS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00,) WHICHEVER IS GREATER, OR, FOR PRODUCT PURCHASES, THE PURCHASE PRICE OF THE PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees, contractors, parents, subsidiaries, agents, Third party content providers and licensors.
You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD PARTY CONTENT PROVIDERS or LICENSORS, from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE, products AND/OR THE SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD PARTY RIGHTS, INCLUDING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site, PRODUCTS AND/OR THE SERVICES by any other person using your information. Susana Cresce Designs shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
SECTION IV: GOVERNING LAW; ARBITRATION
9.1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of the state of Virginia without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Fairfax County, Virginia, and any cause of action that relates to or arises from these Terms, Web site, Products and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 9.2, infra.
The Parties agree that any dispute concerning, relating, or referring to these Terms, Web site, and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Virginia and shall be brought for arbitration in Fairfax County, Virginia, pursuant to the Rules of the America Arbitration Association. The arbitrator and not any federal, state, territorial, provincial or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. Either or both Parties may initiate the arbitration proceedings, and both shall share the expenses and fees of the arbitration equally.
SECTION X: MISCELLANEOUS
10.1. Customer Service.
Should you have any questions, comments or concerns regarding the Web site or Services, customer service may be contacted at any time via email at firstname.lastname@example.org. We strive to return all customer service inquires within forty-eight (48) business hours, between 9 a.m. and 5 p.m. EST/EDT.
10.2. Affiliate Disclosure.
We may have an affiliate relationship with third parties and affiliates to whose products and/or services we link and promote. Because of this relationship we may earn a commission on products purchased by you from a third party affiliate.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
10.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any third party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of your obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion or as provided for herein.
10.7. Rights of Third Parties.
These Terms do not give any right to any third party unless explicitly stated herein.
10.8. Relationship of the Parties.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create an employment agreement, partnership, joint venture, franchise relationship or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party. You are an independent contractor responsible for controlling your own time and actions. Susana Cresce Designs is not to be considered a Client, and Susana Cresce Designs will not be responsible in any way for any employment decision made by any User and/or Client.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Hey Bride, LLC, d/b/a Susana Cresce Designs, 8040 Crianza Place, 253, Vienna, Virginia 22182, or, in the case of any registered User, to the email address you provide to us (either during the registration process or when your email address changes.) Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
10.11. Entire Agreement.
This Agreement constitutes the entire Agreement between the Parties as to the subject matter hereof, and no other representations or promises of any kind shall be binding between the same. If any portion of this Agreement is held to be invalid, the balance of this Agreement shall remain in full force and effect.