Company reserves the right at any time to:
• Change the terms and conditions; or
• Change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Website.
Please check these terms and conditions periodically for changes. If we need to update our terms and conditions in the future, we will post the revised terms and conditions on the Website and update the “Last Updated” date to reflect the date the terms and conditions were updated. Through your continued use of this Website after we post any such changes, you accept the terms and conditions as modified.
YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THIS TERMS AND CONDITIONS AGREEMENT, AND ANY APPLICABLE CURRENT AND PRIOR VERSIONS, AND ANY AMENDMENTS THERETO.
1. Materials. The information and materials provided through the Website, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about our business and/or current events and products. You may not download, copy or print any of the Materials on the Website without the written consent of company. You may use or download material displayed on this website for noncommercial, personal use only. You must retain all copyright and other proprietary notices displayed on the materials contained in the website. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written permission by Ella Paradis. You may not use any "page-scrape," "grabber," "spider," "robot," "deep-link" or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of this website. Any use of the website which results in the depletion of website infrastructural resources is prohibited. When you use the website for an authorized purpose, you should include all proprietary notices without changing or hiding them. Ella Paradis and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including and without limitation, if Ella Paradis believes that customer conduct violates applicable law or is harmful to the interests of Ella Paradis and/or its affiliates. Please be sure to return to this page periodically to ensure familiarity with the most current version of the terms and conditions, as Ella Paradis may change the terms and conditions without notice and such changes are effective as of the time of posting.
Although company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Website by various third parties. The inclusion of such information does not indicate any approval or endorsement of such parties or their statements, products, or services, and company expressly disclaims any liability with respect to the foregoing.
2. Your Information. In order to access certain areas of or participate in certain activities contained on the Website or communicate with us, we may require you to provide us with certain information about you (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this terms and conditions agreement and your use of the Website (or any portion thereof) or your participation in any activity contained on the Website. In order to access certain areas of or participate in certain activities contained on the Website, we may require you to select a log-in email address and password. We may refuse to grant you a log-in email address that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your log-in email address and password and agree not to transfer or resell your right to use or access to the Website or participate in any activities contained on the Website to any third person or party. In the event a Website user is a company or other entity, the entity hereby agrees that it is responsible for the confidentiality and use of the log in email addresses and passwords of the entity and agrees not to transfer or resell its right to use or access to the Website or participate in any activities contained on the Website to any third person or party outside the entity. If you have reason to believe that your log-in email address or password is no longer secure, you must: (i) promptly change your password by visiting the Website, and (ii) immediately notify us of the problem.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOG-IN EMAIL ADDRESS AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON THIS WEBSITE, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOG IN EMAIL ADDRESS AND PASSWORD.
3. Code of Conduct. While using the Website and/or Materials you agree not to:
• Restrict or inhibit any other user from using the Website or the Materials, including without limitation, by means of “hacking” or defacing any portion of the Website;
• Use the Website or Materials for any unlawful purpose or in any manner not intended by company or as contemplated herein and on the Website;
• While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;
• Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupts such servers;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Knowingly transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about individuals or companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website or Materials;
• Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website or Materials;
• Link the Website or any content thereon to any third party website or portion thereof that contains any gaming, pornographic, obscene, vulgar, illegal or otherwise objectionable or questionable content;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
• Harvest or collect information about Website users without their express consent.
While using the Website or Materials, you agree to comply with all applicable laws, rules and regulations. You acknowledge that if you violate any terms of the Code of Conduct, we have the right to terminate this terms and conditions agreement and your use of the Website (or any portion thereof) or your participation in any activity contained on the Website.
4. compliance with Applicable Laws. company reserves the right at all times to disclose any information as company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
This website may contain links to other sites. Please be aware that Ella Paradis is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
5. Third Parties. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by company or any of its employees, officers, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While company works to ensure the information on the Website is current and accurate, company does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
6. Acknowledgements. You hereby agree and acknowledge that: (a) company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) company has the right to obtain without notification to you non-personal information from your connection to the Website for demographic purposes; and (c) company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.”
7. Ownership and Restrictions on Use. The Website is owned and operated by company in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of company and its licensors, customers, suppliers or other third parties, agents and designees as applicable. You expressly acknowledge and agree that company transfers no ownership or intellectual property interest or title in and to this Website, or any portion thereof, to you or anyone else. Except as expressly provided herein, company does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. “Ella Paradis” and “It’s a Lovestyle” are service marks of the company. Other products or company names mentioned herein or within the Website, including but not limited to the names of customers and/or licensors, may be the trademarks or service marks of their respective owners. The Website and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. The Website and Materials may be used solely to the extent necessary for your authorized use of the Website, as provided in this Agreement or as expressly authorized in writing by company or, if so indicated in writing by company, its licensors or suppliers. Modification of the Website or the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited. EXCEPT AS OTHERWISE SET FORTH IN THIS TERMS AND CONDITIONS AGREEMENT, UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. Except as expressly provided in a separate license agreement, company and its licensors of the Website materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
8. Eligibility and Use & Access By Minors. Our Website is intended solely for viewing by an adult audience and not directed to persons under 18. By continuing to view any material contained within this website, you are stating and acknowledging that: You are an adult over the age of 18. You will not allow anyone under the legal age of 18 to have any access to materials contained within. You are voluntarily continuing to view this site and will be exposed to material of an adult nature. If you are not comfortable with this, please close this page. If you become aware that your child has provided us with personal information without your consent, please contact us at email@example.com. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child's account. By using the Website, you represent and warrant that you have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement.
9. 18 U.S.C. 2257 compliance Notice
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in www.ellaparadis.com (the "website") were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. Ella Paradis is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of all of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.
11. Submissions, reviews, comments, stories
Ella Paradis enables its users to post reviews, comments, stories and other content to the site. Any submissions of stories, information, photographs, video, comments or other content (collectively, "Submissions") sent to company, including but not limited to submissions made through post reviews, comments, stories and other content to the site, shall be and remain the exclusive property of company. Your submission of any such content shall constitute an assignment to company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork that you do not wish to assign to us. By submitting information to company or Website, including but not limited to submissions made through posting reviews, comments, stories and other content to the site, you warrant and verify that the Submission is truthful, not fraudulent, and the content of any photographs submitted are not altered in any way. Company will be entitled to publish any Submissions in connection with your name. Furthermore, if company modifies any of the Submissions, company shall be entitled to publish the Submissions without reference to your name or with references in addition to your name.
11.1. Prohibited Postings. You will not post or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or promotes any materials that infringers or violates another party’s rights. Further, you will not post or transmit any content or information that solicits passwords or personal identifying information for commercial or unlawful purposes or engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes. You understand and agree that company may review and delete any of your material, in whole or in part, that in the sole judgment of company violates these terms and conditions or which might be offensive, illegal, or that might harm or violate the rights, or threaten the safety of, any person or entity.
11.2. License to Your Material. By posting your material to any portion of the site including but not limited to submitting material through posting reviews, comments, stories and other content to the site, you automatically grant, and you represent and warrant that you have the right to grant, to company, its affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your material and to prepare derivative works of, or incorporate into other works, your material, and to grant and authorize sublicenses of the foregoing.
12. DMCA/Copyright compliance. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. In accordance with the Digital Millennium Copyright Act, we have a designated copyright agent for receiving notices of claims of copyright infringement. If you believe that any content on the Site infringes your copyright, please provide our copyright agent with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a reasonable belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
We will investigate complaints of copyright infringement and may, in appropriate circumstances and in our sole discretion, remove or disable access to any material claimed to be infringing. Written notification must be submitted to the following Designated Agent:
By Mail: Ella Paradis, Inc.
Attn: DMCA complaint
255 Alhambra Circle
Coral Gables, FL 33134
By Email: firstname.lastname@example.org
14. Mobile Device. Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE.
15. Jurisdictional Issues/ Restriction to the United States of America and its territories. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
16. Product Return Policies
Return policy can be found HERE.
17. Ella Paradis E-Gift Card
The ellaparadis.com Conditions of Use apply. For specific terms and conditions refer to Ella Paradis E-Gift Card terms and conditions.
18. Inventory information
Company does not keep all merchandise in inventory, in its warehouses. We cannot guarantee that a product listed as "In Stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If any selected merchandise is temporarily out of stock, your credit card may be charged. Please note: Any items not in stock when you place your order will be shipped immediately when received from the manufacturer at no additional cost.
19. Back-orders (Out-Of-Stock Items)
Back-ordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. When we receive the product, we notify you by email and ship it to you promptly. Back-ordered products usually come into stock within one to four weeks but can occasionally take longer. If your order is not ready to ship within 30 days, we will send you an update by email. If, for any reason, we determine that a back-ordered item will no longer be available, we will notify you immediately by email, cancel the item from your order and delete the item from our catalog. A refund for back-ordered items will be applied to your credit card within 1-5 business days. If payment was made by check or money order, you will be given a store credit. If you prefer a check refund, please contact us by mail at: Ella Paradis Inc., att. Customer Care, 429 Lenox Avenue, Miami, FL 33139 or by e-mail at email@example.com to request one.
20. Customer Care
Ella Paradis will make every effort to address and respond to your customer inquiries, feedback and order information as quickly as possible. However, due to variable order volume, there may be delays in our response time to your request. Please submit any requests by using the email forms located on our 'Contact Us' page, and throughout the site. If you prefer to contact us in another way, you may also contact us by mail at: Ella Paradis Inc., att. Customer Care, 429 Lenox Avenue, Miami, FL 33139 or by e-mail at firstname.lastname@example.org.
Despite our best efforts, a small amount of the items on our website and/or in our catalog may be mispriced. If the correct price of an item sold by Ella Paradis is higher than our stated price, we remain the right, at our discretion, to either contact you for instructions before shipping or to cancel your order and notify you of such cancellation.
22. PROMOTIONS TERMS AND CONDITIONS
22.1 General Information about Promotions. Promotions include but are not limited to: Promotions, Sales, Deals, Boxes or Kits, any curated packages, coupons and discount codes. We may also introduce other price-reducing incentives occasionally, which will also fall under these terms and conditions.
Please note that only one promotion can be applied to each product purchased from the website. For example: if you have a coupon discount code applied to an item and you consider purchasing that item in a deal or a box (with a bundle of several other eligible items or products for the discounted price that applies to the deal/bundle), then you must choose which promotion to apply. You can purchase the product by choosing the box (or kit) or you can purchase each product from the box (or kit) separately and then apply the coupon (promotion) to the selected item (product) only. Please choose the most effective alternative for your purchases.
22.2 Sale items. No additional discounts or promotions can be applied to items that are already on sale.
22.3 Expiration date. All promotions are limited to a specific period of time and have an expiration date and time. You must place your order within this time frame, i.e. before the expiration date / time. We do not guarantee promotions after the expiration date / time.
22.3 Returning promotion products
In case of returning items please note that returns for refund will nullify your promotion savings.
You ordered and purchas one of the products is broken or defective, we will exchange it, for an identical replacement, free of charge within 60 days from date of purchase.
23. Risk of loss
All items and products purchased at Ella Paradis are being treated the following:
I.e. you purchased a curated BOX:
Regular price ($)
Item 1 $49 (regular price)
Item 2 $9 (regular price)
Item 3 $19 (regular price)
Subtotal: $77 (regular price)
You will only pay: $67 (promotional price)
After you received the BOX, you decide that you do not want Item 3 and you want to return item 3 in order to get a refund. You may return the item (please see also the terms and conditions of our “Return Policy”) and may be eligible for a refund, in which case, your refund would be $9. The regular price of item 3 is $19, deducting the amount of $10 for promotion applied to the box= $9. Please also note, that if you wanted to return an item or product that costs less than the promotion savings total, you will not be eligible to claim and receive a refund. This would be the case if you wanted to return item 2 in the example stated above.
This rule does not apply to exchange of exact items purchased (please see also the terms and conditions of our “Return Policy”). If pped in accordance with a carrier's shipping contract. This means that the risk of loss and the title to such items is going to be passed to a purchaser upon our delivery to a carrier.
24. Packaging, credit card statement
At Ella Paradis, your privacy is very important to us. Therefore, all orders are shipped discreetly and will be delivered in plain boxes or padded envelopes with a neutral address on the label. The name “Ella Paradis” does not appear anywhere on the outside of your package. Your credit card statement will read “EP Inc”.
25. Delivery Options and Costs
Standard: $7.95 or free for orders $75 and above
Expedited 2 day(*): $19.95
All delivery options include Hawaii and Alaska
Shipping costs above may vary in some cases. Extra charges may be applied to bulky, over-sized, or heavy items; the charges are reflected on the product page and in the shopping cart.
(*) All Expedited and Rush orders (2 day) placed before 12 pm EST will most likely be processed and shipped the same day. All orders placed after 12pm EST will most likely be shipped the following business day. It is important to us that you receive your order in the most timely and efficient manner; therefore, it is our policy that all orders will be sent out as soon as possible.
Expedited and Rush orders, in most cases, are processed within 1 business day and delivered two business days after. In rare cases, transit delays may occur. In such cases, we will make a claim on your behalf to request refund for the delayed delivery and refund you if the claim is approved by the courier service. However, we cannot be responsible for service commitments by the courier service. Please note that if the package is sent out with ‘No Signature Required,’ the courier driver reserves the right, by the courier company’s policy, to leave the package in a place he/she deems safe without signature. In certain cases, the delivery driver may deem an area unsafe to leave a package unattended and may opt to re-deliver the following business day. We are not responsible for any lost or stolen packages that are left unattended as a result of opting out of a required signature or for delayed delivery as a result of the delivery driver’s decision to re-deliver. Transit times are estimated by each courier service and are not guaranteed. Weekends and US federal holidays are not considered business days. Shipments are processed Monday - Friday. All shipments will be assigned a tracking number that is automatically updated in your order account once it becomes available. Please allow up to 24 hours for the tracking information to become available.
26. International Shipments
Currently, we unfortunately do NOT offer any international shipments. To find out more about our international expansion, please submit any requests by using the email forms located on our 'Contact Us' page, and throughout the site. Or please contact us by mail at: Ella Paradis Inc., att. Customer Care, 429 Lenox Avenue, Miami, FL 33139, Miami, FL 33137 or by email at email@example.com.
27. Disclaimers. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Website (including the Materials, submissions, forums, software and all other information or materials on or accessible from the Website) could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. Although we attempt to ensure the integrity of the Website, we make no guarantees as to the Website's completeness or correctness. In the event that a situation arises in which the Website's completeness or correctness is in question, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
28. Limitation of Liability. COMPANY NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE MATERIALS, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIRD PARTIES APPEARING ON THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE WEBSITE.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMPANY OR ANY OF ITS EMPLOYEES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES COMPANY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
COMPANY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
29. Indemnification. You agree to indemnify, defend and hold company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials you submit or transmit to company or Website, including Submissions or comments, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of the Website.
30. Questions. The Website is provided by Ella Paradis, Inc. If you have any questions, comments or complaints regarding this Agreement or the Website, feel free to contact us at email@example.com.
31. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated: August 23, 2018