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Terms and Conditions
Last updated: October 14, 2021
This Elena Velez website is published by Elena Velez Industry Inc. d.b.a. Elena Velez, a Wisconsin Corporation, with offices at 244 Java Street, Brooklyn, NY, 11222, USA (“we” or “Elena Velez ”).
Acceptance of Terms.
1.2 Modification. Elena Velez reserves the right to modify or change any of these Terms at any time with prior notice to you where required by law. Please check back periodically to ensure you are aware of any updates or changes. You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
Your Use of the Services.
2.1 The Services. You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services.
2.2 Modifications / Suspension of Services. Elena Velez reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services or your access to the Services for any reason or no reason with or without notice. You agree that Elena Velez shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You are not obligated to register with us in order to access the Services. However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights. You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account.
As a Registered User, you are responsible for keeping your password secret and secure. You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at [email protected]. Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of Elena Velez or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit Elena Velez, any third party of Elena Velez’s or any third party products or services, or in any manner (in Elena Velez’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.
5.1 Ownership of Site Content. You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Elena Velez in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Elena Velez may own the Site Content or portions of the Site Content may be made available to Elena Velez through arrangements with third parties.
5.2 Your Use of Site Content. Elena Velez grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of Elena Velez or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.
In using the Services, you may provide and/or post content, including product reviews, comments or suggestions, photographs, videos, communications and/or other materials (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grant to Elena Velez and our service providers, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and / or to incorporate it in other works in any form, media, or technology. You also hereby grant each user of the Services a non-exclusive, royalty-free license to use such User Content as permitted through the functionality of the Services and under these Terms. You also agree that Elena Velez is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Please do not send us any ideas, suggestions, or other content that you wish us to keep confidential or for which you expect to receive compensation.
Third Party Links.
Except as otherwise expressly authorized in these Terms, you agree not to do or attempt to do any of the following:
Use the Services to post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services; Impersonate any person or entity, including without limitation any representative of Elena Velez; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Elena Velez endorses any statement you make; Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment via or using the Services; Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services; Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services); Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services; Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content; Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services; Violate any applicable laws or regulations; Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Services or Elena Velez’s network or computer systems; or Assist, permit or encourage any person in engaging or to engage in any of the activities described above.
9. Indemnity. You agree to defend, indemnify and hold Elena Velez and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms. Elena Velez reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Elena Velez’s defense of such matter.
10.1 Termination of Your Use of the Services. Elena Velez may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services. You agree that any termination of your use of the Services may be effected without prior notice. Further, you agree that Elena Velez shall not be liable to you or any third party for any termination of your use or otherwise access to the Services.
10.2 Survival After Termination.
The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content); Section 9 (Indemnity); Section 11 (Disclaimers); Section 12 (Limitation of Liability regarding Services); Section 13 (Release); Section 17 (Limitation of Liability regarding Purchases) and Section 22 (Dispute Resolution). Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.
11.1 Services Warranties. The services and all site content, or any other feature, content or functionalities associated with the services, are provided on an “as is” and “as available” basis without warranty of any kind.We do not guarantee, represent, or warrant that your use of the services will be uninterrupted, timely, secure, or error free.
Elena Velez hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Elena Velez makes no warranty that: (I) the services will meet your requirements, (ii) the quality, safety or legality of any content, products, services, information or other material accessed by you through the services, or the services themselves (or any part thereof), will meet your expectations, or (iii) any errors in the services will be corrected. Elena Velez is not responsible and shall have no liability for the site content, services, actions, or inactions of any user, article, blog post, newsletter, or the like. You acknowledge that Elena Velez has no control over and does not guarantee the quality, safety or legality of, the truth or accuracy of any user content, or the ability of any user to perform or actually complete a transaction. The foregoing disclaimers shall not apply to the extent prohibited by applicable law.
11.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Elena Velez Industry Inc. (referred to as Elena Velez) and any of its affiliates. They are neither a legal interpretation nor a statement of any Elena Velez policy as the case may be. Neither Elena Velez nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither Elena Velez or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Elena Velez and/or the publisher. All rights reserved.
Limitation of Liability regarding Services.
Where permitted by law, Elena Velez shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these terms, for: (I) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Elena Velez has been advised of the possibility of such damages) or (ii) any matters beyond Elena Velez’s reasonable control. With respect to user content or statements, elena velez shall have no liability with respect to any content of any other user of the services. In addition, Elena Velez is not affiliated with, and has no agency or employment relationship with, any third-party service provider used in conjunction with the services, and Elena Velez has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third-party service provider. The foregoing limitations shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by law, elena velez and each of its affiliates, subsidiaries, divisions, parent and related companies (collectively, the “releasees”) will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the services, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, or any computer virus or line failure. Releasees will also not be liable for any indirect, special, incidental, exemplary or consequential damages, even if we or they have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Releasees shall not have any liability or responsibility for any acts, omissions or conduct of any user or other third party.
14.1 Availability. All orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.
14.2 Payment. The price of products shall be the one quoted on our Website or App, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in USD or as otherwise specified on the Services.
14.3 Shipping subject to Elena Velez’s Shipping Policy, available here.
14.3.1 Upon completing your order, an e-mail confirmation will be sent to your address on file. This email will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 2 business days. Once your order has been shipped, you will receive an email with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery.
15. Returns. All returns are subject to Elena Velez’s Return Policy, available here.
16. Product Warranty and Return Disclaimer. The laws of certain jurisdictions do not allow the limitation or disclaimer of implied warranties. Accordingly, some or all of the below disclaimers may not apply to you, and you may have additional rights. Certain products sold or distributed by Elena Velez may have warranties that apply to them. These warranties are provided by the manufacturer of these products and not by Elena Velez or its affiliates, or any of their respective directors, officers, employees, or agents. To the fullest extent permitted by applicable laws, elena velez disclaims all warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, merchantable quality or fitness for a particular purpose (whether arising from applicable statutes or otherwise), relating to any products sold or distributed by Elena Velez.
17. Limitation of liability regarding purchases. The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. Accordingly, some or all of the below exclusions and limitations may not apply to you, and you may have additional rights. This exclusion and limitation of liability shall apply to the fullest extent permitted by law. In no event shall elena velez or its affiliates, or any of their respective directors, officers, employees, or agents be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (collectively, "Damages") arising from or in any way related to (I) the return of a product purchased from elena velez in a manner that is contrary to the elena velez return policy and/or the shipping terms and conditions of the applicable carrier, including, without limitation, failure to ship in accordance with the shipping label, and/or the shipping, handling and packaging instructions provided by Elena Velez or the applicable carrier; and (ii) any product sold or distributed by elena velez, whether based upon warranty, contract, tort (including, without limitation, product liability and negligence with respect to any representations made by elena velez regarding any product sold or distributed by Elena Velez, any duty to properly test or inspect such product, or any failure to warn of the safety risks pertaining to such product), civil liability, strict liability, breach of statute (including, without limitation, applicable statutes), or otherwise. These damages include, without limitation, loss arising from death or personal injury, property loss, loss of revenue, loss of anticipated profits and lost business, data or sales, even if Elena Velez or its affiliates, or any of their respective directors, officers, employees, or agents have been advised of the possibility of such damages. In any event, Elena Velez's aggregate liability will not exceed the amount paid by you for the product to which the alleged damages relate.
20.1 Permission. If you are under the age of 18, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. If you use our Website or any of our Services, we will assume, and you confirm, that you are 18 years of age or older or that you have the permission of your parent or guardian. You may not use this Website if you are under the age of 18.
20.2 Supervision. If you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not Elena Velez, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.
Choice of Law.
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.
22.2 Arbitration. If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and Elena Velez each agree that any Dispute will be settled by binding arbitration, except that you and Elena Velez each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction. Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts.
22.3 Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.
22.4 Class Action Waiver; Individual Arbitration. You and Elena Velez each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and Elena Velez otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.
22.5 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available www.adr.org) If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and Elena Velez will pick another arbitrator pursuant to 9 U.S. Code § 5.
22.6 Arbitration Procedure and Location. If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and Elena Velez submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and Elena Velez agree otherwise. If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing shall be conducted in New York County, New York unless you and Elena Velez agree otherwise. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
22.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award. Any award in arbitration shall determine the rights and obligations between the named parties only. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via [email protected]. Please do not include any sensitive information in your correspondence as emails may not be encrypted.
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