THIS “TERMS OF SERVICE” agreement (the “TOS”) is the contract between you (“you” or “user”) and Lisa Mare, Inc. (“LMI”) that defines the terms and conditions use of this website and the purchase of any products available at, or through, www.lisa-mare.myshopify.com, and its affiliated sites or applications that are owned or operated by LMI, including LMI’s social media site(s), if any (each individually a “Site” and collectively the “Sites”). By using the products or services available on the Sites, you agree to the following terms and conditions specified herein by LMI:
1. WEBSITE ACCESS. By accessing the information, services, data, or any other elements published and conveyed by LMI through its various media channels, including the Sites (collectively, “Services”), you indicate your acknowledgment and acceptance of these TOS dated as indicated above. Access and/or use of any of the Services are subject to all applicable federal, state, and local laws and regulations. In addition, when using any of the Services, you shall be subject to additional posted guidelines or rules applicable to such service, which are hereby incorporated into the current TOS and shall be automatically incorporated into any modified or amended TOS. LMI may also offer other services from time to time that are governed by additional or different terms of service, all of which are hereby incorporated into these TOS as though originally a part hereof.
2. WEBSITE SERVICES. LMI currently provides users with access to a rich collection of online resources, including, but not limited to, shopping services, written and audio-visual content, news, education, communications tools, shopping services, and branded programming through its Sites. Any subsequent augmentation, enhancement, or change to the Services, including the release of new LMI branded properties, shall be subject to the TOS. By accessing any of the Services, you hereby acknowledge, understand, and agree that such are provided “as is” and that LMI assumes no responsibility for the timeliness, deletion, improper delivery, or failure with regards to any service provided.
To access the Services, you will need to have access to the Internet. LMI does not provide the services or equipment necessary for user access. Any and all use of data or information from the Services shall be used only in conformance with applicable state or federal statutes or regulations; you remain solely and personally responsible for the safe and authorized use of such data or information, and agree to hold harmless and indemnify LMI against any liability from any unauthorized or illegal use by you or as a result of your use of the Services. You acknowledge and understand that LMI’s content and any products offered by LMI for purchase on the Sites, are copyright protected in U.S. and foreign territories; any unauthorized uses will be subject to legal action by LMI to the fullest extent allowable under applicable laws.
3. SUBSCRIPTION OBLIGATIONS. LMI may offer subscription Services to user of the Site, which include but are not limited to receiving promotional materials and participating in contests, sweepstakes, and special offers. In consideration of the use of such subscription Services, you agree to: (a) provide true, accurate, current, and complete information about yourself and/or your organization as prompted by the Services’ registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, LMI has the right to revoke your use of the Services offered on the Site or any portion thereof. LMI is committed to protecting the privacy of all its users.
5. INDEMNITY. You agree to indemnify and hold LMI, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to Services, your violation of the TOS or any third party claims resulting from your use of the Sites and/or the Services in violation of the TOS.
6. NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any product or services offered on the Sites or otherwise, including but not limited to any portion of the use or access to Services in violation of the TOS.
7. MODIFICATIONS TO SERVICE. LMI reserves the right at any time and from time to time to modify or discontinue the Services or any part thereof with or without notice. You agree that LMI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Services.
8. TERMINATION. LMI reserves the right, in its sole discretion, to terminate your use of any services, including without limitation any subscription Services, for any reason including, without limitation, if LMI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. LMI may also discontinue providing subscription Services, or any part thereof, with or without notice. LMI may immediately deactivate or delete your subscription and all related information and files in your account and/or bar any further access to such files or the subscription Services. Further, you agree that LMI shall not be liable to you or any third party for termination of your access to subscription Services or the loss of your information, content, messages, or other communications submitted, posted, transmitted by, or maintained by our Services. You agree that you use our subscription Services solely at your own risk and agree to assume those risks and all consequences thereof.
9. ADVERTISERS. You hereby acknowledge and agree that any correspondence or business dealings pertaining to, or your participation in, advertiser promotions found on or through our Services or Sites (including payment and delivery or related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertiser. You agree that LMI shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings with, or as the result of the presence of, such advertisers on our Sites. LMI does not endorse any advertiser on its system.
10. LINKS. The Sites or Services (or authorized third parties) may provide links to other Internet websites or resources. LMI is not responsible for the availability of such external sites or resources, does not endorse them, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that LMI shall not be liable to you or any third party, either directly or indirectly, for any damage or loss caused or alleged to be caused, whether intended or unintended, by or in connection with the use of or in reliance on any such links, sites, resources, goods, or services available on or through any such link, site, or resource.
11. PROPRIETARY RIGHTS AND LICENSES. You acknowledge and agree that the Services, Sites and any necessary software used in connection therewith (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content of and the products offered for purchase on the Sites are the property of LMI or one of its subsidiaries or affiliates. You shall not distribute, print, email, re-publish, give, sell, reproduce, or otherwise cause to be disbursed in any manner whatsoever (whether for free or for profit) in whole or in part, the Services, Sites or any other proprietary content of LMI without the express, written permission of LMI. FURTHER, YOU SPECIFICALLY AGREE THAT YOU SHALL NOT REPRODUCE OR MAKE ANY DERIVATIVES OF THIS SITE OR ANY OF THE PRODUCTS OFFERED FOR PURCHASE ON THE SITES, WHICH ARE VISUAL WORKS OF ART PROTECTED BY FEDERAL AND INTERNATIONAL COPYRIGHT LAWS.
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES AND SITES IS AT YOUR OWN RISK. THE SERVICES AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
- LMI MAKES NO WARRANTY THAT (I) THE SERVICES OR SITES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES OR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SITES WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMI OR THROUGH OR FROM THE SERVICES OR SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATES IN THE TOS.
13. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY (EVEN IF LMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES OR SITES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED ON TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR SITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES OR ANY MALWARE WHICH MAY INFECT A USER’S DATA, INFORMATION, OR COMPUTER EQUIPMENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR SITES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR SITES.
THE SITES MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTY VENDORS AND OTHER THIRD PARTIES (“EXTERNAL SITES”). YOU ACKNOWLEDGE AND AGREE THAT LMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OF, OR THE CONTENT LOCATED ON OR THROUGH ANY EXTERNAL SITE. YOU SHOULD CONTACT THE WEBMASTER OR SITE ADMINISTRATOR FOR SUCH EXTERNAL SITE IF YOU HAVE CONCERNS REGARDING SUCH LINKS OR THE CONTENT LOCATED ON SUCH EXTERNAL SITE.
14. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE FOREGOING ARE APPLICABLE ONLY TO THE FULLEST EXTENT OF THE LAW IN THE APPLICABLE JURISDICTIONS.
15. NOTICES. Notices to you may be made either by email or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices on the Sites.
16. COPYRIGHT/TRADEMARKS. The trademarks, logos, and service marks (“Marks”) displayed on the Sites are the property of LMI and other parties, where applicable. Users are prohibited from using any Marks for any purpose without the written permission of LMI or any such applicable third party. All site design, text, graphics, interfaces, and the selection and arrangements are the sole property of LMI, unless noted otherwise. LMI is the sole and exclusive and copyright proprietor of the Sites and products offered for purchased on the Sites.
17. JURISDICTION/GOVERNING LAW. This TOS will be governed and construed in accordance with the laws of the State of California as applied to agreements entered and to be performed entirely with California by California residents. By utilizing the Site and agreeing to this TOS, you agree to submit and consent to the jurisdiction of the courts in Los Angeles County in any action brought to enforce (or otherwise relating to) this TOS and/or your activities in connection with the Site. The Parties agree to accept service of process outside their respective jurisdictions in any matter submitted to any such court pursuant hereto. In addition, the Parties agree that any controversy, claim or dispute arising out of or relating to this Agreement and/or the interpretation, performance or breach thereof shall be resolved by final and binding arbitration before a sole arbitrator in accordance with the JAMS Arbitration Rules and Procedures (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”).
18. MISCELLANEOUS. The failure of LMI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience and have no legal or contractual effect.
19. VIOLATIONS OF TERMS OF SERVICE. Please report any violations of the TOS to LMI at the following email: firstname.lastname@example.org. LMI reserves the right to seek all remedies available at law and in equity for violations of the TOS including the right to block access from a particular Internet address to the Sites.
20. ENTIRE AGREEMENT. The TOS constitutes the entire agreement between the parties and governs your use of the Services or Sites. You also may be subject to additional terms and conditions that may apply if you utilize affiliate services, third-party content or third-party software.
LMI RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THESE TOS WITHOUT NOTICE TO YOU; THE POSTING OF ANY CHANGES ON ANY SITE CONSTITUTES NOTICE OF THE EFFECTIVENESS OF SUCH CHANGES. YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES BY ACCESSING THE SERVICES.