TERMS OF SERVICE


Welcome to the Lisell Hiller LLC website. The following Terms of Service govern your use and interaction on Lisellhiller.com (“LH”, “Site”, “us”, “we”, “our”), as well as your purchases and use of products made available through the Site. By using the Site, you signify that you have you have read, understand and agree to be bound by these Terms of Service.

PURCHASES

If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

ORDERS AND PAYMENT

All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been misprized, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms of Service, we will issue you a refund.

SALES TAX

Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.

AVAILABILITY, ERRORS, AND INACCURACIES

Since we are constantly updating product offerings on our Site, we may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be misprized, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

PRODUCT DESCRIPTIONS

We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.

SHIPPING AND RETURNS

For information on shipping, tax and return policies, please review our Shipping and Returns Policy, which may change from time to time.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your account. If you do set up an account, keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

CONTENT SUBMITTED

With respect to any content you submit or make available to LH on or through the Site, including but not limited to your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant, and warrant that you have the right to grant, to LH a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. Such content is not confidential or proprietary. You represent and warrant that any content you provide does not include anything to which you do not have the full right to grant such a license to us. We take no responsibility and assume no liability for your content, including without limitation, any loss or damage to your content. You grant us the right to collect, use and share your content in accordance with these Terms of Service and our Privacy Policy. You retain all other rights in your content not granted in these Terms of Service.

RESTRICTED USE

You may use the Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of the Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use the Site in the United States and may not directly or indirectly export our services. You shall not use the Site for any purpose competitive to LH.

MOBILE USE

The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.

LICENSE USE AND RESTRICTIONS

So long as you comply with these Terms of Service, LH grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms of Service. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms of Service, you may not, nor may you permit anyone else to, directly or indirectly: (i) use any manual process or robot, spider, scraper, or other automated means to collect information from users of the Site, (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from the Site; (iii) transfer any rights granted to you under these Terms of Service; (iv) violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site, (v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; (vi) change or delete any ownership notices from the Site, (vii) take any action or use the Site in a way that violates law, would create liability or promote illegal activities, (viii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (ix) otherwise use the Site except as expressly allowed under this section.

INTELLECTUAL PROPERTY

The Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. LH owns all right, title and interest in and to the Site (including any copies, updates or upgrades and all derivative works thereof), LH’s trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on the Site, including without limitation, any copyright or proprietary notices. LH reserves all rights not expressly granted to you in these Terms of Service.

 

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Service; (v) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (vi) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vii) you and your use of the Site will be in compliance with these Terms of Service.

WARRANTY DISCLAIMER

The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of the Site, any content on the Site, or any products or services purchased or made available on the Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from LH or through the Site will create any warranty not expressly stated herein.

LIMITATION OF LIABILITY AND DAMAGES

LH is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of the Site and the purchase and use of products and services available through the Site. To the maximum extent permitted by applicable law, LH, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site or any errors, omissions or inaccuracies in any content in the Site; (ii) the Site or the conduct of other Site users or third parties; (ii) the performance of the products and services purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data, content or personal information; (vi) any bugs viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (viii) user content or defamatory, offensive, or illegal conduct of any third party, (ix) any action we take or fail to take, (x) any damages or injury arising from any use of products and services made available through the Site, or (xi) any other matter relating to the Site or any products or services made available through the Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless LH, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a provider whose products and services are available on the Site or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Terms of Service, any law or the rights of any third party.

THIRD PARTY LINKS

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

ELECTRONIC COMMUNICATIONS

By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and LH may be recorded.

TERMINATION

You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (i) restrict your use of all or any part of the Site, and (ii) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also (iii) reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.

 

MISCELLANEOUS

Survival: The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

Governing law and disputes: These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with LH shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any LH Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Entire agreement: These Terms of Service (as well as the Privacy Policy) constitute the entire agreement between you and LH and govern your use of the Site, and they supersede any prior agreements between you and LH. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that no joint venture, partnership, employment or agency relationship exists between LH and you as a result of this Agreement or your use of the Site.

Limitations on claims: Any claim or cause of action you may have with respect to LH or the Site must be commenced within one (1) year after the claim or cause of action arose.

No waiver: The failure of LH to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

Assignment: You may not assign the Terms or any of your rights or obligations under the Terms without LH’s express written consent. The Terms inure to the benefit of LH’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will notify you via email in advance and by posting the revised Terms on our website prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

EFFECTIVE DATE OF TERMS OF SERVICE

Effective date: April 18, 2018

CONTACT US

If you have any questions about these Terms, please contact us:

·       By email: info@lisellhiller.com

·       By phone number: (786) 505-6449

·       By mail: 175 SW 7TH Street Suite #1509 Miami Fl, 33130