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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.

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