MAYAN CALENDAR PORTAL TERMS AND CONDITIONS OF USE
Effective Date: September 9, 2009, 1 Imix 19 Mol, 12.19.16.12.1
IMPORTANT NOTICE:
Please read and review these TERMS AND CONDITIONS OF USE carefully before accessing or using this web site. These Terms affect your legal rights and obligations.
TABLE OF CONTENTS
Introduction
About the Terms and Conditions of Use
Online Content
Online User Conduct
Membership and Member User Accounts
MCP Marketplace
Indemnification
Disclaimer of Warranties
Limitation of Liability
Modifications
Location of the Web Sites
Governing Law and Jurisdiction
Dispute Resolution
Force Majeure
General
Questions/Contact Us
Welcome to the Mayan Calendar Portal (www.maya-portal.net). LUCITÀ, Inc. (hereafter referred to as "LUCITÀ," "we," or "us") owns and operates www.lucita.net, www.lucita.org, www.maya-portal.net, http://tsunami.lucita.net, and other Web Sites that may be co-sponsored by LUCITÀ Inc. and other third parties (hereafter collectively referred to as the "Web Sites"). If you visit or shop at the Mayan Calendar Portal or any of the abovementioned web sites, you accept these Terms and Conditions of Use.
2. ABOUT THE TERMS AND CONDITIONS OF USE.
The Terms and Conditions of Use (hereafter referred to as “Terms”) in this Agreement govern your use of the Web Sites, the Services and/or other interactive features that are accessible or downloadable through the Web Sites. Please review these Terms carefully. They are legally binding and cannot be modified except as specifically described below.
You represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by these Terms. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to and abide by these Terms in their entirety.
Your access or use of any of the Web Sites will be deemed to be your agreement to abide by these Terms, and any applicable additional terms (hereafter referred to as "Additional Terms") that govern certain registrations, products or services offered via the Web Sites. Additional Terms that are posted or otherwise made available to you in connection with certain registrations, activities, products or services on the Web Sites shall be deemed to be incorporated into and form a part of these Terms of Use if you take advantage of, participate in or access the registrations, activities, products or services to which they relate. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall be deemed to exercise ultimate control unless the Additional Terms expressly state otherwise. If you do not agree with any of these terms, please do not access or otherwise use any of the Web Sites or any information or materials contained on the Web Sites.
These Terms may be updated by LUCITÀ at any time and at its sole discretion. Therefore, you should review the Terms before each use of any of the Web Sites. Once any new terms are posted on the Web Sites, they become effective immediately, and shall be dated as of the new Effective Date for your reference. Your use of any of the Web Sites after the new terms are posted will signify your agreement to be bound by the new terms.
In addition, please review the LUCITÀ Privacy Policy, which explains our information collection practices, such as the types of information we collect regarding visitors to the Web Sites, and how we may use or share that information.
The Web Sites (including all past, present and future versions) contain a variety of protected content, whether in the English, Spanish or other languages, including but not limited to: a.) copyrighted audiovisual material, such as photographic images, artwork, illustrations, graphics, videos, music files, audio files and other materials; b.) copyrighted written material, such as text, poems, captions, articles, blogs, directories, advertising and promotional materials; c.) other copyrighted materials, such as data, software, formulas, compilations, front and back end graphical user interfaces, and the overall "look and feel" of the Web Sites; d.) trademarks, logos, trade names, service marks, and trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the "Trademarks"); and e.) other forms of intellectual property. All of the foregoing collectively and individually are hereafter referred to as "Content."
Ownership: The Web Sites and the Content are owned by LUCITÀ or its licensors. All right, title, and interest in and to the Web Sites and the Content of the Web Sites is the sole property of LUCITÀ or its licensors, except where specifically indicated, and is protected by U.S. and international copyright, trademark, patent and trade secret law and other proprietary rights, treaties and laws as an original work, a compilation and a collective work. Except to the minimum extent otherwise expressly permitted under applicable law or the Terms and Conditions of Use, no reproduction, modification, copying, creation of derivative or similar works, selling or exploiting for commercial purposes, or other exploitation of the Web Sites, the Content or any portion thereof is permitted without the express prior written permission of LUCITÀ. This applies to copyrighted Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
LUCITÀ does not claim ownership of any of the content posted by the users of its Web Sites. Any copyright, trademark, and other intellectual property rights that may pertain to that content are the sole and exclusive rights of the author/artist who created such content. However, by posting such material in any of the public areas of the Website, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, irrevocable license to LUCITÀ to copy, perform, display and distribute such content and to prepare derivative works of, or incorporate said content into, other works.
Responsibility for the Content: Any content, including but not limited to, blogs, comments, opinions, images, audio, music files and other content posted or uploaded to the Web Sites by anyone outside of LUCITÀ (such as collaborating authors, artists, scholars or the general public), are the sole responsibility and work of the respective author or artist and not of LUCITÀ. Reliance upon any statements, promises, forecasts or advice made therein is therefore at the user’s own risk. Each respective author or artist is responsible for the content of his or her statements, or the usefulness or validity of any information contained therein.
LUCITÀ does not guarantee, adopt, endorse, nor is responsible for the accuracy, comprehensiveness, completeness, validity or usefulness of any content, information, opinion, advice or statement available on the Web Sites or through the Services. By using the Web Sites and/or Services, you affirm that you understand this and that you hold LUCITÀ harmless from any and all loss or damage resulting from your or anyone’s reliance on any content, information, feature, functionality or other aspect of the Web Sites and/or Services.
Third-party Sites: The Web Sites may contain or provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party Internet web sites, pages, blogs and/or resources. You acknowledge and agree that LUCITÀ is not responsible or liable for: (i) the availability or accuracy of such web sites, pages, blogs or resources; or (ii) the content, advertising, products, services or other information on or available from such web sites, pages, blogs or resources. The inclusion of any link to third parties on the Web Sites does not imply that LUCITÀ endorses the linked third-party web sites.
License: We grant you a nonexclusive, nontransferable, revocable, limited License to access, view, download, copy, and print Content only for your personal, non-commercial use. You may not copy, emulate, reproduce any part of the Web Sites in any form or incorporate into any information retrieval system whether electronic or mechanical, or rent, lease, decompile, disassemble, clone, attempt to discover the source code for, or reverse engineer the Web Sites, the Services or any portion thereof. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. In addition, this License specifically prohibits you from using any software, script, code, routine, process or device to interfere with the normal or proper working order of the Web Site or Services. You may not engage in any action that creates an unreasonable large load on the infrastructure of the Web Sites. Unauthorized access to the Web Sites and/or Services breaches this Agreement and is a violation of applicable laws. This License may be revoked at any time at the sole discretion of LUCITÀ.
Title: Title to any Content that you download or print is not transferred to you. You may own the medium on which the Content is recorded or printed, but we or our licensor retain all right, title, and interest in and to such Content, and all intellectual property rights therein. You acknowledge that you do not acquire any ownership rights in any Content by using the Web Sites or by virtue of downloading, printing, modifying or using the Content. All rights not expressly granted under the Terms and Conditions of Use are expressly reserved to LUCITÀ or its licensors, as applicable.
Notice and Procedure for Making Complaints Regarding Copyright of Content: We respect the intellectual property of others and we require that you do the same. We have a policy of terminating the access of users, within our reasonable discretion, to the Web Sites who infringe the rights of others. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content. To notify us of any Content that you believe infringes your rights or the rights of others, please provide the following information to the LUCITÀ Copyright Agent listed below:
a.) your name, address, telephone number, and e-mail address;
b.) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Web Sites are covered by a single notification, a representative list of such works on the Sites;
c.) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LUCITÀ to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located on the Sites;
d.) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e.) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or legally authorized to act on the copyright owner's behalf; and
f.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Gregg Lallier, Attorney-at-Law, LUCITÀ’s Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be reached as follows:
By e-mail: (with subject “Copyright Complaints”): GLallier@uks.com
By phone: +1 203 786-8300
By postal mail: Gregg Lallier, c/o Updike, Kelly & Spellacy, P.C., One Century Tower, 265 Church Street, New Haven, CT 06510
You may use the Web Sites only for lawful purposes. You agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like that is or may be applicable to your use of the Web Sites, Services and/or the Content. You also agree that you are solely responsible for the content and / or information that you publish, transmit and / or post on the Web Sites. You agree not to:
- Submit via the Web Sites anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) in violation of any law or regulation; or (ix) otherwise objectionable, in our sole discretion;
- Collect, transmit or harvest personally identifiable information about other users of the Web Sites, whether or not for commercial purposes, without their express written consent, or repeatedly contact, “stalk” or otherwise harass other persons;
- Include in your profile or user account any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references or offensive language, or any confidential information of any third person without that party's explicit written permission;
- Transmit any chain letters, spam or junk e-mail to other users;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including LUCITÀ; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or submissions to us or through the Web Sites; or expressly state or imply that we endorse you or any statement you make;
- Remove any copyright, trademark or other proprietary rights notices contained on the Web Sites;
- Post, distribute or reproduce in any way any copyrighted material (including written materials, research, blog posts, photographs, images of art work or audio files), trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- Submit via the Web Sites, email or otherwise transmit any virus, worm, “Trojan Horse,” “easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to limit, damage, destroy, hijack, or otherwise interfere with the operation of the Web Sites or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the Web Sites;
- Submit, or attempt to submit, any content that constitutes or contains advertising, promotional materials, “affiliate marketing,” “link referral codes,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “bait and switch,” investment opportunities, or any other form of solicitation to or through the Web Sites;
- Use the Web Sites for commercial or business purposes without the express, written, prior permission of LUCITÀ, including, without limitation, for advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page;
- “Frame” or “mirror” any part of the Web Sites except as explicitly authorized or permitted in writing by LUCITÀ in advance;
- Use metatags or code or other devices containing any reference to LUCITÀ, the Services or the Web Sites in order to direct any person to any other web site for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, decipher, or disassemble any portion of the Web Sites or any software used on or for the Web Sites, or cause others to do so;
- Except for search engines presenting links to users searching for the Web Sites or related content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or its contents, unless otherwise explicitly authorized or permitted in writing by LUCITÀ in advance;
- Violate or attempt to violate the security of any portion of the Web Sites, including but not limited to: (i) access content or pages on the Web Sites that you are not authorized to access; (ii) log into a server or account that you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Web Sites or the servers or networks that support the Web Sites, including, without limitation, via means of submitting a virus to the Web Sites or overloading, “flooding,” “mailbombing” or “crashing” the Web Sites; or (v) restrict or inhibit any other user from accessing or using the Web Sites, including, without limitation, by means of hacking or defacing any portion of the Web Sites; or
- Use the Web Sites in any way that would adversely affect LUCITÀ or reflect negatively on LUCITÀ or our goodwill, name or reputation.
LUCITÀ reserves the right to monitor the Web Sites for conduct in violation of the Terms of Use. However, LUCITÀ specifically disclaims all responsibility or liability for its acts or omissions in doing so.
Forums, Postings and User Generated Content: We may provide forums, message boards, chat rooms or other interactive areas on the Web Sites (hereafter referred to as “User Forums”) to give you an area or public forum to express your opinions and share your ideas, information and materials, and to make Submissions of content, communications, information, or other materials.
Whenever you make a Submission to a User Forum or some other aspect of the Web Sites or directly to LUCITÀ (including by e-mail), you: (i) grant to LUCITÀ and its affiliates an irrevocable worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to use, exploit, reproduce, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, and otherwise exercise all rights in and to such Submission (including the right to use or not use your name, voice, likeness and other identifying information in connection therewith), via the Web Sites or otherwise, in any form, media, or technology now known or later developed, without any compensation to you; and (ii) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which are or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waive all your moral rights in such Submission, even if such material is altered or changed in a manner not agreeable to you.
In our efforts to respect the original form or expression of any given Submission, we shall endeavor not to change the same, to the best of our ability, when we exercise our rights outline above, but may need to do so in some cases. In those cases where the Submissions are, or are perceived by us to be, your own original words, we shall, to the best of our ability, contact you via e-mail to request your express permission to quote your words on the Web Sites or on other materials related to the Web Sites. However, we retain the right to quote you even in the event of not receiving your express permission.
We are not responsible for, and we do not endorse, the Submissions posted in User Forums by users of the Web Sites. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any Submission that is posted on any User Forum or that is otherwise available through the Web Sites. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, or remove any Submission submitted by any user to a User Forum. We specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or nature or character based upon or resulting from any Submission.
Dealing with Other Users: LUCITÀ does not control the content or information that is posted or provided by users on our Web Sites. Please use common sense and caution and keep your safety in mind when dealing with other users on our Web Sites. LUCITÀ bears no responsibility, duty or obligation to monitor any dispute between users. You are solely responsible for any interactions that you have with other users or third parties that you may encounter through our Web Sites and/or Services. In the event that you have a dispute with any other user or third party found through our Web Sites and/or Services, you agree to hold all LUCITÀ Parties harmless in any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes and release all LUCITÀ Parties from any liability connected with such disputes. If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third-Party Advertisers: Third party advertisers (hereafter referred to as “Advertisers”) may offer goods, services and other materials to you on or through the Web Sites. Your correspondence and business dealings with advertisers found on or through the Web Sites including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. Third-party descriptions of, or references to, products, services, materials or publications within the Web Sites do not imply any kind of endorsement of that product, service, material or publication. LUCITÀ will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Web Sites. Please review carefully all policies and practices before you engage in any business dealings with any third party. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Privacy: The use of our Web Sites and/or Services is governed by our Privacy Policy, which can be found online at http://www.maya-portal.net/privacy_policy. Our Privacy Policy may change from time to time and without notice. LUCITÀ reserves the right to use your personally identifiable information in any manner consistent with our Privacy Policy. Use of the Web Sites and/or Services signifies that you agree to subject your personally identifiable information to our Privacy Policy.
No SPAM Policy: You acknowledge and agree that sending unsolicited email advertisements to our users, whether or not you are using LUCITÀ’s computer system to send such email, are expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Web Sites and/or Services may subject the sender to civil and criminal penalties. If we are informed that you are sending such email advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Web Sites and/or Services.
User Warranties: By use of the Sites, you represent, warrant, and covenant to LUCITÀ that you are 18 years of age or older, and that your use of the Web Sites does not violate any applicable law or regulation. In addition, you agree that you are solely responsible for any and all information and content that you post, email, submit or otherwise make available to the Web Sites or directly to LUCITÀ, (hereafter referred to as “Submissions”). By doing so, you represent and warrant to LUCITÀ that each such Submission: (i) is not confidential and that you have all necessary permission to make such Submission; (ii) contains information that is correct, complete, and current; and (iii) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
5. MEMBERSHIP AND MEMBER USER ACCOUNTS.
In order to use some of the features of a Web Site, you may be required to register as a member of that Web Site (hereafter referred to as “Member”). In order to become a Member of a Web Site, you must create a member account (hereafter referred to as “Member Account”) with a unique username and password. You may also be required to provide us with additional information about yourself. You must be 18 years of age or older to create a Member Account. You agree that you are solely responsible for any and all activities that are conducted using your Member Account. You may update or modify your Member Account and some of the information about you in your Member Account by logging into your Member Account. You may also deactivate your Member Account.
When you register, you agree to provide accurate, current and complete information about yourself (hereafter referred to as “Registration Information”). You also represent that we may rely on your Registration Information as being accurate, current and complete. All information collected is treated as described in our Privacy Policy, which can be found at http://www.maya-portal.net/privacy_policy. LUCITÀ reserves the right to terminate your account for inaccurate, deceptive and/or incomplete Registration Information.
Username and Password: During the registration process, you will be asked to choose a username and password. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempt to impersonate another individual or company; or usernames which violate trademark law, which may cause confusion or which violate any other proprietary rights of any company or individual.
Please keep your username and password confidential. You agree that you will not transfer, resell or allow any other third party, whether a person or a legal entity, to use your username and password to access the Web Sites and/or Services. If you have reason to believe that your username and/or password have become compromised, you agree to immediately notify LUCITÀ of such event by emailing us at info@lucita.net. For security reasons, LUCITÀ will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law or court order.
Member Fees and Payments: While access to most areas of the Web Sites is fee, LUCITÀ reserves the right at any time to charge fees to become a Member or an enhanced category of Member, or to access certain features of the Web Sites. In such case you will be notified and asked to agree to any such fees before they are charged. Advance payment by credit card will typically be required. If you decline, we may terminate your Member Account and/or limit access to certain features of the Web Sites.
Termination of Member Account: If you are a registered Member of any of the Web Sites, you may terminate your Member Account at any time and for any reason, with the exception of the MCP Marketplace Membership Program, which carries its own termination policy. LUCITÀ may terminate your Member Account or use of the Web Sites at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
The Marketplace: The Mayan Calendar Portal Store, also referred to as the Mayan Calendar Portal Marketplace, offers a variety of products and services developed either inhouse and/or in conjunction with select third parties.
Product and Service Descriptions: We attempt to be as accurate as possible with the descriptions of our products and services. However, we do not warrant that product or service descriptions are accurate, complete, reliable, current, or error-free. If you feel that a product or service offered by MCP is not as described, please contact us via email at info@maya-portal.net.
Refund Policy: The products offered in the Mayan Calendar Portal Marketplace are digital and/or electronic products. Due to the nature of digital or electronic materials, we cannot offer refunds for these products once they are purchased. In the specific case of digital products that require attendance or participation, such as webinars or online workshops, we will offer a refund to you only if you completed both the purchase and registration process but were not able to participate, and our attendance records show that you did not in fact participate. In addition, you must request the refund in writing within 60 days of your purchase. If we are not able to provide a refund for a webinar for any reason, we will make available a recorded version to you of the webinar you paid for, at no extra charge to you, or we will approve you to participate in a future webinar of your choosing, on the condition that the replacement webinar carries the same price as that which you originally paid.
Other Businesses: Parties other than LUCITÀ and the Mayan Calendar Portal operate user and/or storefront profiles, provide services, or sell product lines indirectly via this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Neither LUCITÀ nor the Mayan Calendar Portal assumes any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
7. INDEMNIFICATION.
You agree to indemnify, defend, and hold LUCITÀ, its subsidiaries and affiliates, and each of their respective members, officers, directors, executives, employees, owners, and authorized agents (referred to throughout this Agreement as “LUCITÀ Parties”), harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of and/or reliance upon any aspect of the Web Sites and/or Services; (ii) any breach or violation of the Terms and Conditions of Use or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation by you of any Content on or through the Web Sites; (v) the theft or misappropriation of your username or password; (vi) disclosure of your username or password; or (vii) your authorization of anyone else to use your username or password.
LUCITÀ reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action brought against LUCITÀ and all negotiations for settlement or compromise, and you agree to fully cooperate with LUCITÀ in the defense of any such claim, action, settlement, or compromise negotiations, as requested by LUCITÀ. In no event will you settle any such claim or action without our prior written approval.
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WEB SITES, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WEB SITES. THE WEB SITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE WEB SITES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LUCITÀ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY LUCITÀ PARTY, WHETHER MADE ON THE WEB SITES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE LUCITÀ PARTIES DO NOT WARRANT THAT THE WEB SITES WILL BE AVAILABLE, THAT YOUR USE OF THE WEB SITES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEB SITES (OR THE SERVERS THAT MAKE THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE LUCITÀ PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE LUCITÀ PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OR FUNCTIONALITIES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK. THE LUCITÀ PARTIES DO NOT WARRANT THE QUALITY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION LISTED ON THE WEB SITES. BY PURCHASING ANY OF THE PRODUCTS OR USING ANY OF THE SERVICES LISTED ON THE WEB SITES OR THAT YOU COME IN CONTACT WITH THROUGH THE WEB SITES, YOU ACT AT YOUR OWN RISK.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE LUCITÀ PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE WEB SITES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITES, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES OR ANY PROFESSIONAL, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LUCITÀ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE LUCITÀ PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR MALICIOUS ACTIVITY.
YOUR ACCESS TO AND USE OF THE WEB SITES ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE OR OTHER CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE LUCITÀ PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10).
These Terms and Conditions of Use are subject to change at any time, with or without notice. All changes are effective upon their posting on any of the Web Sites. You agree that it is your responsibility to bookmark this page and any other pages on any other Web Sites where these Terms appear and to check them frequently for updates to your Agreement with us.
11. LOCATION OF THE WEB SITES.
LUCITÀ controls and operates the Web Sites from offices located in the United States and makes no representations or warranties that the content, information, products or services contained or displayed on the Web Sites are appropriate for use or access in other locations. Anyone using or accessing the Web Sites from locations other than the United States does so on their own initiative and are responsible for compliance with United States laws, if and to the extent applicable. LUCITÀ reserves the right to limit the availability of the Web Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
12. GOVERNING LAW AND JURISDICTION.
The Terms and Conditions of Use and the interpretation of the Terms and Conditions of Use will be governed by and construed under the laws of the State of California, without regard to conflict of law principles. You agree and submit to the exclusive and mandatory jurisdiction and venue of the State and Federal Courts situated in the county of Santa Clara, California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim arising out of the Terms and Conditions of Use or your use of the Web Sites, regardless of form or the basis of the claim, must be brought within one (1) year after the cause of action arose or, if multiple causes, from the date the first such cause of action arose.
Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in San Francisco, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
The Terms and Conditions of Use, together with any Additional Terms, constitutes the entire understanding and agreement between you and LUCITÀ and supersedes any and all prior or inconsistent understandings relating to the Web Sites and your use of the Web Sites and services provided by the Web Sites. The Terms and Conditions of Use inure to the benefit of LUCITÀ’s successors, assigns, and licensors.
The Terms and Conditions of Use cannot be changed or terminated orally. Any failure of LUCITÀ to exercise or enforce any right or provision of the Terms and Conditions of Use will not constitute a waiver of such right or provision. No waiver by LUCITÀ of any provision of the Terms and Conditions of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of LUCITÀ. If any provision of the Terms and Conditions of Use is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from the Terms and Conditions of Use and will not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions of Use are inserted only as a matter of convenience and have no legal or contractual effect.
You agree that these terms will not be construed against LUCITÀ by virtue of having drafted them.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms and Conditions of Use or by registration as a Member.
You understand and agree that LUCITÀ will determine your compliance with the Terms and Conditions of Use in its sole discretion. LUCITÀ reserves the right to deny access to all or part of the Web Sites to you or any person in its sole discretion without notice or liability of any kind. LUCITÀ also reserves the right to use any technological, legal, operational, or other means available to enforce the terms of the Terms and Conditions of Use, including without limitation, blocking specific IP addresses or access to the Web Sites using your e-mail address, username or password.
If you have questions about the Web Sites or the Terms and Conditions of Use, or any comments or complaints, please contact LUCITÀ at info@lucita.net.
