TERMS AND CONDITIONS FOR ADRIANFELICIANO.COM
Commonwealth of Massachusetts, Rev. 133ED55
Version Date: November 02, 2019
SECTION I – TERMS and CONDITIONS AGREEMENT
Think of this Terms and Conditions Agreement as the rules you agree to when entering private property. By choosing to step onto the property, and in order to remain on the property, and for the duration that you are on the property, you are agreeing to behave according to those rules. If you do not agree, then you can choose to avoid the property or you may leave. It’s all good and there are no hard feelings.
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Adrian Feliciano and his affiliated companies (collectively, “The Company” or “we” or “us” or “our”) concerning your access to and use of the website “adrianfeliciano.com” as well as any other website, media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Website”, “Site”, “Sites”). The Website currently provides the following services, subject to change at any time: It hosts Adrian Feliciano’s photography portfolio, his blog, a small e-commerce store selling a variety of on-demand products, and provides relevant information to its users (“Services”). Supplemental terms and conditions, policies, or any other documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference.
We make no representation that this Website is appropriate or available in other locations other than where it is operated by us. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations must do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must not register for the Website or use our Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE OR ACCESS THE WEBSITE OR SERVICES OR BY PURCHASING OUR PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT WE MAY MAKE TO THIS AGREEMENT IN THE FUTURE, YOU MUST NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS OUR WEBSITE OR SERVICES OR PURCHASE OUR PRODUCTS OR SERVICES.
Pro tip: Section XIII, B of this agreement contains a provision for arbitration of disputes between the parties involved.
SECTION II – PURCHASES; PAYMENT; ORDER FULFILLMENT
For the things we sell, if any, we sell them at the price they are listed at at the time of purchase and you are agreeing to buy them at the price they are listed at the time of purchase in U.S. dollars and with any applicable sales tax. In order to bill you for purchases, we use an online billing account to do it. Our prices are not permanent and could change at any time (including via coupon at time of check out, if you think about it).
There are multiple factors that determine when an item is actually received after it’s ordered but for orders made in the United States and shipped to an address within the United States, you should expect to receive your order within about a week to a week-and-a-half (ish), on average.
We bill you through an online billing account for purchases of products and/or services. All payments must be in U.S. dollars. You agree to pay the Company all charges at the prices in effect at the time of sale for the products you purchase and you authorize the Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. You agree to provide current, complete, and accurate purchase, shipping, and account information for all purchases made at our online store(s). You agree to promptly update your account and other information, including your contact information, billing and shipping addresses, and other relevant information so that we can complete your transactions and contact you as needed.
Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. At any time and in our sole discretion without notice to you we reserve the right to discontinue or limit the quantities of any products or services that we offer and reserve the right to correct any errors or mistakes in pricing or description that we make, even if we have already requested or received payment. We may change prices at any time. We may change 3rd party vendors or source products from different providers at any time. 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. Sales tax will be added to the sales price of purchases as deemed required by the Company. If applicable, an additional customs and tax fee may occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases. At this time, we only accept orders from and only ship orders to customers within the United States of America.
Product images are for illustrative purposes only and may differ from the actual product received. Actual colors may vary due to differences in print, ink, and display technologies. Currently, we carry no product inventory. All products are made on-demand by multiple fulfillment vendors. Orders may arrive at different times. Orders may have different shipping charges per item or per fulfillment vendor. Orders may arrive in separate packaging. Orders may arrive from separate locations. Orders are shipped to your billing address by default and you may provide a different shipping address. Order fulfillment time averages between 2-7 days and shipping occurs after product fulfillment. Holidays and other high volume seasons may cause production times to be slower than average. Large orders of 12 items or more may have additional production times as well. Shipping times may vary depending on location, and shipping options.
Pro tip: Patterns and images for our all-over printed and cut-and-sew apparel items including Activewear, Dresses, Hoodies, Shirts, Skirts, and Swimwear are dye-sublimated onto white polyester or poly-spandex based fabric. Depending on the item, excessive stretch may reveal some of the white fabric, contributing to a “sheer” appearance. For most people, this is a desirable effect. Please try to avoid contact with rough surfaces and velcro fasteners since they can pull out or fray the white fibers in the fabric, potentially damaging the item’s appearance.
Attention: International Buyers
If applicable, import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine what your additional costs may be prior to buying.
SECTION III – RETURN, REFUND, and EXCHANGE POLICY
We are very small and our products, by their nature, are extremely limited in production run or are service-oriented; therefore, our policy is “All Sales Are Final, No Returns or Exchanges Are Accepted, and No Refunds Are Issued.” We may make reasonable exceptions to this policy; although, we are under no obligation to do so. When in doubt, reach out!
SECTION III; A – RETURNS and EXCHANGES
We don’t offer returns and exchanges, but if there’s something wrong with your order, please let us know by contacting us at support AT adrianfeliciano DOT com for help!
SECTION III; B – REFUNDS
Refunds are only offered to customers that received the wrong items or damaged items. If any of these apply, please contact us at support AT adrianfeliciano DOT com with photos of wrong/damaged items and we’ll help you sort it out.
SECTION III; C – EXCHANGE DIFFERENT SIZE or COLOR
At this time, we don’t offer exchanges. If you’re unsure which size would fit better, check out our sizing charts—we have one for every item listed on our store, in the product description section.
Though rare, it is possible that an item you ordered was mislabelled. If that’s the case, please let us know at support AT adrianfeliciano DOT com within seven (7) days after receiving your order. Please include your order number and photos of the mislabeled item, and we’ll send you a new one, or issue a refund!
SECTION III; D – LATE or MISSING ITEMS
Before getting in touch with us, please help us out by doing the following:
- Check your shipping confirmation email for any mistakes in the delivery address.
- Ask your local post office if they have your package.
- Stop by your neighbors in case the courier left the package with them.
Pro tip: Package theft is on the rise—If you’re expecting a home delivery and you know you won’t be home to accept it, use an address where you know you’ll be!
If you did find a mistake in your delivery address, we can send you a replacement order, but shipping will be at your own cost.
Pro tip: The zip code is the most important part of the address. Use a simple tool like USPS ZIP Code Lookup to make sure you get it right!
SECTION III; E – EU Consumers
According to Article 16(c) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for the supply of goods made to the consumer’s specifications or clearly personalized, therefore we reserve the right to refuse returns at our sole discretion.
SECTION IV – USER REPRESENTATIONS
SECTION IV; A – Regarding Your Registration
Think of having user account on our website as if you were granted permission to have a room on the private property you stepped onto back in Section I. You’ll need a set of keys that you create and keep secure, and your having a room here won’t piss anyone off in doing so. If it does, we’ll do something about it.
By using our Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
- your use of the Company Services does not violate any applicable law or regulation.
You must (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (as a whole or any portion thereof).
We reserve the right to remove, reclaim, or change a user name you select if we determine appropriate in our discretion such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
SECTION IV; B – Regarding Content You Provide
We will always appreciate any contribution you make that contributes to the enjoyment of our website. It can be comments, user reviews, forum posts (if we decide to go that route), etc. Please understand that it will be treated as if it were public (because it is) and it will not be treated as if it were a State or Company secret (because it’s not). If putting it out there would cause you or anyone else a problem because it’s out there, then please keep it to yourself.
We may invite you to chat or participate in blogs, message boards, online forums and other functionality and we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personally identifiable information, or other material (collectively “Contributions”). Any Contributions you transmit to us will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes as necessary to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and the Website’s users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by us); libelous or slanderous; does not ridicule, mock, disparage, intimidate, or abuse anyone; does not advocate the violent overthrow of any government; does not incite, encourage, or threaten physical harm against another; does not violate any applicable law, regulation, or rule; and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner and does not violate any federal or state law, concerning child pornography or otherwise, that is intended to protect the health or well-being of minors;
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
SECTION IV; C – Contribution License
When you submit a comment or review, or otherwise contribute to our website, we cannot guarantee what you wrote will show up as submitted since we can always approve of, remove, edit, or delete what you post as we see fit. You are also giving us all the legal permissions we need to display it publicly on our website and giving all the permissions others need to display it on any and all of their devices and in whatever uses and formats that may take, but you are not granting us any form of ownership over it. What’s yours remains yours.
You acknowledge and agree that by posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose (commercial, advertising, or otherwise), to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. We do not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We reserve the right, in our sole and absolute discretion, to:
- edit, redact or otherwise change any Contributions,
- re-categorize any Contributions to place them in more appropriate locations, or
- pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By transmitting your Contributions to the Website, you hereby authorize us to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal/personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
SECTION IV; D – Guidelines for Reviews
If you are going to leave a review please understand that we welcome your opinion — positive or negative doesn’t matter to us — as long as it is a real and relevant review that is based on your own use or experience with us, our products, or our services.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Those persons posting reviews must comply with the following criteria:
- reviewers must have firsthand experience with the person/entity being reviewed;
- reviews must not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
- reviewers must not be affiliated with competitors if posting negative reviews;
- reviewers must not make any conclusions as to the legality of conduct;
- reviewers must not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by us and do not represent the views of the Company or the views of any affiliate or partner of the Company. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, sublicensable, worldwide, royalty-free, fully-paid, and assignable license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SECTION IV; E – Mobile Application License
One of our vendors allows us to create a photo gallery that is installable as a smartphone app. The vendor would grant us a license to make use of the underlying technology and code they use to create the personalized gallery app. That is where we come in and grant you permission to make use of that gallery from your phone, as long as you do not yadda, yadda, yadda, yadda…
If you are accessing the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license.
You must use the application strictly in accordance with the terms of this license and must not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
- violate any applicable laws, rules or regulations in connection with your access or use of the application;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application;
- use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
- use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
SECTION IV; F – Terms Applicable to Apple and Android Devices
These terms apply to Apple and Google’s roles as App Distributors. Basically, if there is an issue with an app not created by them, they have nothing to do with it and will be left out of it. They just provided the ecosystem you accessed to download and install an app hosted on their servers.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Services. You acknowledge that this Agreement is concluded between you and the Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and the Company, not an App Distributor, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: The Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that the Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY: The Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
SECTION IV; G – Social Media
If you connect to us through, say, Facebook in order to create an account with our website or if you use your Facebook account to log in or make a comment, etc., you are granting us permission to use that account’s information in order to create an account with us. Any information you have made publicly accessible between either account will be accessible between our servers and theirs until that connection is severed by us, them, or you. Any issue between Facebook and you is between Facebook and you. Any issue between you and us is between you and us. We have nothing to do with them; they have nothing to do with us.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the us and/or grant the us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that (i) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or the Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through our Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), we will deactivate the connection between the Website and your Third Party Account and delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
SECTION IV; H – User Submissions
Any feedback, ideas, or suggestions, etc., that you submit to us will not be treated as a matter of national security, proprietary trade secret, or copyrighted intellectual property. The words, themselves, may be copyrighted and we may need permission for use (which was covered earlier in Sections IV(B) and (C), by the way) but ideas and suggestions, themselves, are not.
Let’s say that you tell us our hosting provider should be GoDaddy (outside of this example, it never will be; we have our reasons) and we switch over to GoDaddy, then cool! We switched. So what?
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to us are non-confidential and that we (as well as any designee of the Company) are entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
SECTION V – PROHIBITED ACTIVITIES
Don’t be an ass.
You must not access or use the Website for any other purpose other than that for which we make it available. The Website must not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website or any portion of the Website
- attempting to impersonate another user or person or using the username of another user
- criminal or tortious activity
- deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website
- deleting the copyright or other proprietary rights notice from any Website content
- engaging in any automated use of the system such as using any data mining, robots, or similar data gathering and extraction tools
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating, or threatening any Company employees or agents engaged in providing any portion of our Services to you
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
- making any unauthorized use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- selling or otherwise transferring your profile
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company
- tricking, defrauding or misleading the Company and other users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the Website in order to harass, abuse, or harm another person
- using our Services as part of any effort to compete with us or to provide services as a service bureau
- using the Website in a manner inconsistent with any and all applicable laws and regulations
SECTION VI – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, you are accessing and viewing copyrighted material. Do not assume it is free for you to use just because you found it online. My attorney is aggressive.
You acknowledge and agree that the content on the Website (“Company Content”) and the trademarks, service marks, and logos including but not limited to “Alphajulietfoxtrot.com,” “Adrianfeliciano.com,” “Boston’s Most Imperfect Photographer,” the AF, AJF, and Alphajulietfoxtrot.com logos contained therein (“Marks”) are owned by us, are licensed to us, or are used by us with permission from the respective intellectual property owner(s), and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All of our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks, or trade dress of the Company in the United States and/or other countries. Our trademarks and trade dress must not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
You agree that Company Content on the Website is provided to you “AS IS” for your information and personal use only and must not be used, copied, altered, modified, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website and Company Content and Marks.
SECTION VII – THIRD PARTY WEBSITES and CONTENT
We are not responsible for anything hosted by, linked from, or accessed by you from any website not belonging to or controlled by us. If you leave our home through our door and walk to the next house and step inside then their rules apply to you, not ours. Makes sense, right?
The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we will not be held responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you must do so at your own risk and you must be aware that our terms and policies no longer govern. You must review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SECTION VIII – SITE MANAGEMENT
This website is ours to run, manage, protect, and defend in any manner as we see fit. So there.
We reserve the right but do not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
- in our sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable any and all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Website in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Website.
SECTION X – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE and POLICY
SECTION X; A – Notifications
If something someone posted on our website violates your copyright then please let us know by doing it the right way. We will remove access to it and notify the alleged infringing party.
If you believe that content available on or through our Website infringes one or more of your copyrights, you must please immediately notify our Designated Copyright Agent by mail or emailed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our Website has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is 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 us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send Notifications to our Designated Copyright Agent as follows:
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
SECTION X; B – Counter Notification
The alleged infringing party does have the right to show they have the permission(s) to share the content in question, by the way.
If you believe your own copyrighted material has been removed from our Website and/or our service as a result of mistake or misidentification, you must submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our Company is located.
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
Please submit your Counter Notification to our Designated Copyright Agent by mail or email as set forth above in Section X; A.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
SECTION XI – TERM and TERMINATION
As long as you use this website or maintain an account on this website, then this Agreement remains in effect. You may cancel your account at anytime and we can cancel your account at anytime as well. We may block access to this website to anyone at anytime for any reason, and/or involve law enforcement, when necessary.
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the information provided below. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, 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.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, WARNING, OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND OUR SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME.
In order to protect the integrity of the Website and our Services, we reserve the right at any time in our sole discretion to block certain IP addresses from accessing the Website and our Services.
Any provisions of this Agreement that need to survive the termination or expiration of this Agreement must be deemed to survive for as long as necessary in order to fulfill the purposes of such provisions.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. YOU MAY CANCEL THIS AGREEMENT BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
SECTION XII – MODIFICATIONS
SECTION XII; A – To Agreement
We can make changes to this agreement or to our website at anytime for any reason, and those changes take effect and the old agreements, website, and services no longer apply. Go back to Section I.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Services after any such modification becomes effective. We may also, in our discretion, choose to alert all users with whom we maintain email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any such changes. Modifications to this Agreement are effective immediately after posting.
SECTION XII; B – To Services
Ditto, for services.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension, or discontinuance of the Company Services.
SECTION XIII – DISPUTES
SECTION XIII; A – Between Users
Issues between you and another user of this site are between you and the other users of this site and should be taken care of between you and the other users of this site.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you must hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed, and undisclosed, arising out of or in any way related to such disputes and/or our Services.
SECTION XIII; B – With Us
It is in everyone’s interest to try resolve an issue by notifying the other in writing no later than 30 days after the issue happens. If, after 30 days, that does not work out then we (and only we are involved) escalate to third party arbitration. If we have issues of theft, invasion of privacy, copyright infringement, or need to file for injunctive relief (in effect a court ordered cease and desist, also known as a “restraining order”) then it is handled through the appropriate court system.
- Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Essex County, Commonwealth of Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event will any claim, action, or proceeding by you related in any way to the Website or the Company Services be instituted more than thirty (30) days after the cause of action arose.
- Informal Resolution. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party is final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company shall pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Essex County, Commonwealth of Massachusetts, United States of America. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Restrictions. You and the Company agree that any arbitration must be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) arbitration will not be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or the Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor the Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute must be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and the Company agree to submit to the personal jurisdiction of that court.
SECTION IX – CORRECTIONS
We can make whatever corrections we need to on our website as needed and at any time we deem necessary.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, and various other information. 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.
SECTION X – DISCLAIMERS
We believe in free will and responsible choices made by reasonable adults. We are not responsible, nor are we liable, for any decisions or actions that you choose to make, you are. We are not responsible, nor are we liable, for any decisions or actions that others choose to make, they are. As the saying goes, “let the buyer beware.”
The Company cannot control the nature of all of the content available on the Website. By operating the Website, we do not represent or imply that we endorse any blogs, contributions, or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that we believe contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. We shall not be held responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE WEBSITE, COMPANY SERVICES, AND / OR PRODUCTS WILL BE AT YOUR SOLE RISK. THE WEBSITE AND ALL SERVICES AND PRODUCTS DELIVERED TO YOU BY THE WEBSITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, ADRIAN FELICIANO, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES AND / OR PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE WEBSITE’S CONTENT, SERVICES, AND / OR PRODUCTS OR THE CONTENT, SERVICES, AND / OR PRODUCTS OF ANY WEBSITES OR COMPANIES LINKED TO THIS WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SERVICES, AND / OR PRODUCTS (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, OFFERED, OR PROVIDED BY ANY THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SECTION XI – LIMITATIONS of LIABILITY
If, for whatever reason, we are found liable to you then our liability will only be for what you paid to us within the course of the prior thirty (30) days from the time of loss, and no more.
YOU AGREE THAT IN NO EVENT SHALL ADRIAN FELICIANO, THE COMPANY, OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER OR SIMILAR DAMAGES BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE WEBSITE OR THE COMPANY SERVICES AND / OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION AT ALL TIMES MUST BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES OR PRODUCTS DURING THE PERIOD OF 1 MONTH (30 DAYS) PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”
SECTION XII – INDEMNITY
If someone else sues you for something that you did as a result of you using our accounts, services, or content then you agree that it is on you alone and you are responsible for your own actions. “It was my mistake, but it was his fault,” does not apply here.
You must agree to defend, indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you must cooperate, at your expense, with the Company’s defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
SECTION XIII – NOTICES
If we need to give notice to each other for any reason, email will suffice and will be assumed delivered after 24 hrs, unless there is an invalid account/bounce back notice.
Snail mail works, too.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
SECTION XIV – USER DATA
Your data is your own. Mistakes happen. Make backups.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services; therefore, you agree that we have no liability to you for any loss or corruption of any such data and hereby waive any right of action against us arising from any such loss or corruption of such data.
SECTION XV – ELECTRONIC CONTRACTING
We do not need to always sign everything on paper to make agreements, notifications, transactions, etc., valid and binding. It can be done, and is assumed valid, via electronic means, including use of and interactions with this website.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
SECTION XVI – ELECTRONIC SIGNATURES
We do not currently use Electronic Signatures, but if we did, this section would let you know that we were allowed to do so and that signatures and identities had not been authenticated.
Users are allowed on Adrianfeliciano.com to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on Adrianfeliciano.com.
SECTION XVII – MISCELLANEOUS
This agreement and everything contained within this agreement is what you are agreeing to, if it isn’t in here, you did not agree to it…we can choose to enforce or not enforce any part of this agreement at anytime. Just because you got away with something now does not mean you will get away with something else later…not responsible or liable for anything outside of our control (usually this would be the “acts of God” disclaimer)…bunch of other boilerplate text…If a section of this agreement is found invalid, it is only that section and it does not invalidate the entire agreement…more boilerplate text…This is an electronic agreement, and signatures are not required for it to be valid and legally binding…
This Agreement operates to the fullest extent permissible by law. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The GOP is now complicit in any future high crimes and misdemeanors committed by Donald Trump. The section titles and “tl;dr” section summaries used in this Agreement are for convenience only and have no legal or contractual effect. This Agreement and your account may not be assigned by you without our express written consent. The earth is not flat. We may assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. We do not allow comments without a name and email-address. Vaccines are effective. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Climate change is real. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the Website and Company Services. We reserve the right to refuse service to anyone for any reason at any time. Black lives matter. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement. Jeffrey Epstein did not kill himself. You agree that this Agreement or any ambiguities in the interpretation of this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of, and the lack of signing by the parties hereto to execute, this Agreement.
Congratulations, you made it to the end!
SECTION XVIII – CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact us as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
304 South Jones Blvd #361
Las Vegas, NV 89107
Email: admin (at) adrianfeliciano (dot) com