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Siena Julia.com User Agreement
Welcome to Fiola International, LLC's (the "Company's") Siena Julia.com
web site (the "Site"). The following terms and conditions
(the "Agreement") govern any viewer's or user's - i.e., your --
use of the Site. Please read this Agreement carefully and be advised
that your use of the Site constitutes your acceptance of the terms
and conditions of the Agreement and your consent to be bound by
the Agreement. From time to time and without any notice, we may
change the Agreement through additions, deletions or other changes.
Your use of our Site following these changes constitutes your acceptance
to be bound by the revised Agreement.
This Agreement
constitutes the entire and only agreement between you and the Company.
You acknowledge
that YOU AGREE TO READ THE ENTIRE AGREEMENT CAREFULLY BEFORE USING
THE SITE AND THAT YOU ACCEPT ITS TERMS AND CONDITIONS, BINDING YOU
TO A LEGAL CONTRACT. If you do not accept the terms and conditions
of this Agreement, you may not access or otherwise use the Site.
If any provision
or part of this Agreement is found to be unenforceable or void,
that part will be deemed severable and will not affect the validity
and enforceability of the remaining provisions.
CONTENTS
All contents
included on the Site, including, but not limited to, text, graphics,
images, illustrations, designs, logos, icons, photographs and software,
as well as the compilation of all content on this Site (i.e., the
selection and arrangement thereof), are the property of the Company
or its content suppliers and protected by all applicable copyright
laws.
This Site is
intended solely for your personal, noncommercial use. Specifically,
the content and software on this Site may only be used for purposes
of shopping, and permission is granted to print in hard copy or
electronically copy portions of the Site for the sole purposes of
using this Site as a shopping resource or placing an order. Any
other use, including reproduction, modification, distribution, republication
or transmission of the contents on this Site or the Site, or creating
derivative works from the contents of the Site or the Site is strictly
prohibited.
You acquire
no ownership or other rights to any content or material obtained
by and through this Site.
DISCLAIMERS
AND LIMITS OF LIABILITY
ALL CONTENT,
INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS, GOODS OR SERVICES FROM
OR THROUGH THIS SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE." TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ALL CONTENT, INCLUDING,
BUT NOT LIMITED TO, ANY PRODUCTS, GOODS OR SERVICES CONTAINED THEREIN
ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE MAY CONTAIN
BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY DAMAGES ARISING FROM YOUR USE OF THE SITE.
IN NO EVENT
WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE
OF THE SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, HARM TO EQUIPMENT
OR OTHERWISE, EVEN IF THE COMPANY WERE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH
HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP
AND AGREEMENT BETWEEN YOU AND THE COMPANY. THIS SITE AND THE PRODUCTS,
GOODS OR SERVICES OFFERED THEREIN WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.
You may have
noticed that this Site contains links to other Internet sites. These
links are in no way endorsement of any services, products or entities
by the Company. The Company has not endorsed or approved any services,
products or information contained in the links. The Company does
not in any way control the content of the links. Any questions or
concerns with respect to these links should be directed to the particular
site.
The sole and
entire maximum liability of the Company and any providers of products,
goods, services or information, for any reason, and your sole and
exclusive remedy for any claim whatsoever, shall be limited to the
amount paid by you for the product, good or service purchased.
USER
REPRESENTATIONS
You represent
and warrant that: (a) you shall not upload, post or otherwise publish
through the Site any materials that (1) restrict any other user
from using the Site, (2) are unlawful, threatening, abusive, libelous,
obscene, pornographic or indecent, (3) constitute or encourage conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate law, (4) violate, plagiarize or infringe the
rights of third parties, (5) contain a virus or other harmful component,
(6) contain any material of a commercial nature, including advertising,
or (7) constitute or contain false or misleading indications or
origin or statements of fact; and (b) that you are at least eighteen
(18) years old.
You also represent
and warrant that: (a) the credit card information provided, if any,
is true and complete; (b) the charges you have incurred will be
honored by the credit card company; and (c) you shall pay the charges
at the effective rates, including all applicable taxes, and shipping
and handling charges. The Company cannot and does not protect you
from unauthorized use of your credit card or password.
INDEMNIFICATION
You agree to
defend, indemnify and hold harmless the Company, its officers, directors,
owners, agents, employees, affiliates, suppliers, and content, products
and service providers from and against any liability, loss, claim,
damage, cause of action, costs (including attorney's fees and expenses)
arising from or related to your use of the Site or breach of the
Agreement. You agree to cooperate as fully as reasonably required
in the defense of any claim. 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 matter without the written consent of
the Company.
YOUR
SUBMISSIONS
All suggestions,
feedback, ideas or information that you may communicate to the Company
through this Site or otherwise submitted or offered in connection
with your use of this Site (collectively "Submissions") will forever
be the property of the Company. The Company shall not be required
to treat any Submission as confidential. The Company shall have
exclusive ownership of all present and future existing rights to
the Submission of every kind everywhere and shall be entitled to
use the Submission for any commercial or other purpose, without
compensation to you or any other person transmitting or sending
the Submission.
You acknowledge
that you are and shall remain solely responsible for the Submission,
including its legality and appropriateness. In addition, you acknowledge
that any Submission you make does not violate any rights of any
third parties, including, but not limited to, personal or proprietary
rights.
APPLICABLE
LAW, JURISDICTION AND STATUTE OF LIMITATIONS
This Agreement
shall be treated as though it were executed and performed in San
Diego, California, and shall be governed by and construed in accordance
with the laws of the United States and the State of California,
without regard to conflict of laws principles. The Agreement shall
be interpreted as to its fair meaning and not strictly for or against
any party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in San Diego, California.
You submit to the jurisdiction of all legal and judicial forums
in San Diego, California and agree to extraterritorial service of
process. Any claim against the Company should be instituted within
six months after purchase or be forever waived and barred. In the
event that no purchase has been made, any claim against the Company
should be instituted within six months after the claim or cause
of action arises or be forever waived and barred.
TERMINATION
This Agreement
is effective and in full force until terminated by either you or
the Company. The Company may terminate this Agreement at any time
and without notice, as well as deny you access to this Site, if
in the Company's sole discretion you fail to comply with any term
or condition of this Agreement. You may also terminate this Agreement
at any time. Upon termination by either party, you agree to destroy
promptly all materials, including all copies thereof, downloaded
or otherwise obtained from this Site. |