Terms of service
TERMS OF SERVICE
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF JACQUELINE PINTO, LLC. AND ITS AFFILIATES (“JACQUELINE PINTO”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We many amend or revise these terms at any time. Your continued access and use of WWW.JACQUELINEPINTO.COM following the position of any such changes will be deemed your acceptance or amended or revised terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on woo-commerce. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
GENERAL TERMS OF SERVICE
THESE TERMS AND CONDITIONS OF USE ARE YOUR CONTRACT WITH JACQUELINE PINTO. PLEASE REVIEW CAREFULLY.
These Terms of Service (“Terms”) set forth the legal terms and conditions governing (i) your use of the online and mobile website located at http//www.jacquelinepinto.com (the “Website”), owned and operated by Jacqueline Pinto, LLC., a Florida corporation, or one of its affiliates or subsidiaries (collectively referred to herein, solely for ease of reference, as “Company”, “us”, “our” or “we”) and, (ii) the purchase of products from the Website (“Products”). Your use of the Website and associated services (“Services”), including your purchase of our Products from the Website, confirms your unconditional agreement to be bound by these Terms and your use is subject to your continued compliance with these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use Website and/or the Services.
Use of your personal information submitted to or via the Website is governed by our Privacy Statement, which is located at http://www.jacquelinepinto.com/pages/privacy (“Privacy Statement”) and is incorporated herein by this reference.
GENERAL ONLINE STORE TERMS
- ELIGIBILITY. The Website and Services are intended solely for users eighteen (18) years of age and older. You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing the Website and Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms.
- ACCESS TO THE SITE. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website. We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
- CONTENT. We may change the format and content of the Website from time to time, at our discretion.
4. RISK. Your use of the Website and/or the Services is at your sole risk. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content. We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
- INTELLECTUAL PROPERTY : All intellectual property rights in any content of the Website (“Intellectual Property”), including text, graphics, software, photographs and other images, videos, sound, trademarks and logos, are owned by the Company or our licensors. No Intellectual Property included in this Website or the Services is intended, nor shall be construed, to confer in or upon you any rights in, to or under any Intellectual Property and/or Content, defined below. Nothing in these Terms gives you any rights in respect of any Intellectual Property and you acknowledge that you do not acquire any ownership or other rights by utilizing the Website and/or the Services. You agree that you will not use, reproduce or display any Intellectual Property. This Website and its content (“Content”) are copyrighted and such copyrights are owned by the Company. You are permitted to view, print, and/or distribute the Content in hard copy from this Website provided that (1) you use the Content for your personal use only and not for any purpose contrary to our interests; (2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by these Terms.
- DISCLAIMER. The Website and/or Services may be unavailable from time to time for various other reasons, including due to maintenance or malfunction of computer equipment. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions arising from or related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications, nor are we responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Website and/or the Services, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the Website and/or the Services. In addition, the Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone, including us, over the Internet. The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.
- NO WARRANTY: The company makes no representation or warranty whatsoever regarding the suitability, functionality , availability or operation of the website and/or services. To the extent permitted by the governing law, the website and services are provided “AS IS” “WITH ALL FAULTS” and “AS AVAILABLE” and without warranties or any kind either express or implied including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or those arising by statue or otherwise in law from a course of dealing or usage of trade. To the fullest extent permissible pursuant to application law, the company disclaims all warranties, express or implied, or implied, including, but not implied warranties of merchantability and fitness for a particular purpose. The company does not warrant that the availability of the website or the functions contained in the services will be uninterrupted or error-free, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the website, services, or server do not violate any intellectual property rights of any person or entity. The company does not warrant or make any representations regarding the use or the results or there use of the website and/or the services in terms of their correctness, accuracy, reliability, or otherwise you (and not the company) assume the entire costs of the necessary servicing, repair, or correction
- INDEMNIFICATION. BY USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THESE TERMS OR ANY LAW, YOUR USE OF THE WEBSITE AND/OR THE SERVICES, INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON, ANY MISREPRESENTATION MADE BY YOU, AND/OR THE COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE COMPANY’S DEFENSE OF ANY CLAIM OF ANY THIRD PARTY ARISING UNDER THESE TERMS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
- LIMITATION OF LIABILITY. YOU AGREE THAT THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE AND/OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1000) AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US.
- AGREEMENT TO ARBITRATE and WAIVER OF CLASS ACTION. If You are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
- Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Florida, U.S.A., as applied to agreements entered into and to be performed in Florida by Floridian residents.
- Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
This Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.
- Disputes. A dispute is any controversy between You and Jacqueline Pinto concerning the Services, any software related to the Services, the price of the Services, Your account, Jacqueline Pinto’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Jacqueline Pinto’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution.
- Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Jacqueline Pinto reserves the right to require arbitration.
- Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
- Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
- Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.
General Terms of Sales
- PLACING YOUR ORDER:
a.) You may place your order via the Website or by calling us at 1-305-878-3018 from Monday to Friday, 10:00 a.m. to 6:00 p.m. Eastern Time Zone.
b.) Products purchased from the Website may be ordered by clicking on the Products you wish to purchase and then following the prompts that will appear on your screen. Upon completing your shopping on the Website, a summary page will be displayed featuring a photograph of the Product, its coloring and references, the quantity selected, unit price and the total amount owed for your order. Please check this information carefully to ensure that this summary page accurately reflects your selection before confirming your order. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Complete Order” button on the checkout page. After you click on the “Place Order” button, your order will be submitted for processing and you may not make any changes to or cancel the order, except as expressly provided in these Terms or applicable law.
c.) After placing an order, you will receive an email from us acknowledging that we have received your order and providing you with an order reference number (“Order Confirmation”). Please note that receipt of the Order Confirmation does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance. We are not obliged to accept your order and may, at our discretion, decline to accept any order, as further discussed below. You do, however, acknowledge that by clicking on the “Complete Order” button, you enter into an obligation to pay us for the Product(s).
d.) Where your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the Product has been sent (“Send Confirmation”).
- PRODUCT AVAILABILITY. All Products displayed at the Website are offered for sale subject to availability. We will not be liable in case of the unavailability of any Products. Furthermore, we reserve the right to change the Products offered for sale on the Website at any time and without notice. Details about the availability of our Products are provided when you place your order. However, errors may exist, such as in the case of simultaneous orders of the same Product by more than one customer. In case a Product is not available after you have placed your order, we will inform you by email or by telephone, at which time you will be invited to select another available Product on our Website as a substitution for the unavailable Product or to cancel your order.
- PRICES. Prices of our Products are indicated in United States dollars, exclusive of taxes and shipping costs. Prices are subject to change without notice. We reserve the right to modify the prices of Products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order is confirmed, provided the Product you ordered is available. We reserve the right to reject or to cancel your order for any reason, including, without limitation, if the Product ordered is not available, is incorrectly priced and/or is incorrectly described. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
- TAXES. Sales tax will be added to orders shipping to those States within the United States requiring payment of sales tax, including, without limitation, New York and California.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
- ORDER REJECTION/CANCELLATION: We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged, in our sole discretion. Some of the reasons your order may be declined are if the Product is unavailable, if pricing is in error, if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or cancelled or if we need more information. If your order is declined or cancelled, we will issue a credit your credit card account for any amount charged with respect to such order and notify you that your order was declined or canceled.
a.) Payment is due immediately upon placement of your order.
b.) Credit cards are the only methods accepted for payment on the Website. Store credits and/or gift certificates issued by our boutiques are not accepted for payment on the Website.
d.) All payments for purchased from the Website are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, which fees are your sole responsibility.
f.) Your order will only be shipped once we have verified your payment method and received authorization to process your payment.
g.) Your credit card will be charged when you place your order.
- SHIPPING POLICY/IN-STORE PICK-UP.
We ship all domestic orders via UPS and offer you the choice of free 2-day or overnight shipping for a fee. While it is not possible to specify a precise time at which a delivery will take place, deliveries take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8:00 AM and 5:00 PM. In addition, please note that the posted shipping time frame, if provided, may vary from Product to Product. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.In addition, the shipping date will be estimated by the completion of the jewelry piece that usually takes 10-12 business days to ship, unless we have it ready to ship.
All international orders will be subject to shipping charges, taxes, customs, duties, and fees based upon the destination country and the item(s) ordered. The recipient of the shipment is the importer on record in the destination country and is responsible for all import fees. Applicable duties, taxes and fees will be collected at the time of checkout for your convenience. No additional fees will be due upon delivery. For high value orders, a representative from Jacqueline Pinto will contact you to arrange delivery. All other orders will be shipped fully insured via DHL Express.
b.) Your order will be fulfilled by the delivery date set out in the Send Confirmation.
c.) Products purchased via the Website may only be delivered to a physical street address. We will not process and/or deliver any order for which a post office box or APO/FOP address is provided.
d.) Products comprised within the same order cannot be delivered to different addresses.
- PRODUCT SPECIFICATIONS. We make every reasonable effort to ensure that our Products are accurately displayed on the Website. However, photographs on the Website are for illustrative purposes only and information on the Website regarding size of Products is included as a guide only. Variations between the photograph of a Product and the actual Product may occur due to technical restrictions of color reproduction or photo quality on your computer or mobile device and we cannot guarantee your computer’s monitor or mobile device will accurately display the true color or other specifics related to the Product you are purchasing. Accordingly, if you have any questions about a Product, please contact us a firstname.lastname@example.org prior to placing your order. We are happy to answer any questions and provide additional images, if requested. However, we will not be liable for any error or inaccuracy in the photographs or graphical representations of our Products displayed on the Website.
- RETURNS Please see our Return Policy for all details. We reserve the right to refuse an exchange if the piece received is determined to be damaged.
Please Note: All international orders are final sale. All custom orders and special orders placed on Jacquelinepinto.com are final sale. If you received a damaged or incorrect item, please email email@example.com within 24 hours of receipt.
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 the optional tools offered through the site 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 website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites 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 websites, 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 websites. 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 products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, 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 Service or of any related website, other websites, or the Internet; (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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jacqueline Pinto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW :
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org