Terms of Use
INTRODUCTION
These Terms of Use state the terms and conditions under which you may use this website (the “Website”). Please read these Terms of Use carefully. If you do not accept these Terms of Use, do not use the Website as your use of the Website constitutes your agreement to abide by these Terms of Use. Marjory Mejia (“Owner”) may revise these Terms of Use at any time by updating this posting and your continued use of the Site indicates your agreement to the revised terms. You should visit this page periodically to review the Terms of Use, because they are binding on you.
USE OF THIS WEBSITE
By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. You agree that all billing and registration information provided by you will be truthful and accurate. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
Owner authorizes you to view the materials on this Website solely for your personal, noncommercial use. The contents of this Website, such as text, graphics, images, software and other material (collectively, the “Materials”), are protected by copyright, trademark and other United Sates and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. The information on this Website is for informational purposes only and does not create a business or professional services relationship between you and Owner. You will comply with all applicable laws regarding the use of the Materials and the Website. If you violate these Terms of Use, your permission to use the Materials and the Website automatically terminates.
ORDER OF ACCEPTANCE
Please note that there may be certain orders that Owner is unable to accept and must cancel. Owner reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or issues with processing your credit card payment. Owner may also require additional verifications or information before accepting any order.
USER SUBMISSIONS
For all comments, feedback, blog posts, suggestions, ideas, and other submissions disclosed, submitted or offered to Owner on or through the Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) you grant Owner a royalty-free, irrevocable, transferable right and license to use the Comments however Owner desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
Owner is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Website will not violate these Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Owner does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Owner the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify and hold harmless Owner and Owner’s affiliates, employees and agents for all claims, liabilities, losses, costs and expenses resulting from or related to any Comments you submit. Owner takes no responsibility and assumes no liability for any Comments submitted by you or any third party.
OWNERSHIP
The Materials are owned by Owner or its licensors. All trademarks and logos used or referred to in this Website are the property of Owner or their respective owners. SACRED FLOW is a registered trademark of Marjory Mejia. Nothing on this Website confers any license or right to any copyright, patent, trademark or other proprietary interest of Owner or any third party. Except for the specific right to view the Materials on the Website, the Materials may not be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Owner and its licensors will have sole and exclusive ownership of all right, title, and interest in and to the Materials and all modifications and enhancements thereof. You may not sublicense, sell, transfer, copy, modify, or distribute the Materials, or any copy, adaptation, or portion thereof. You may not reverse assemble or compile, or otherwise translate the Materials. Owner reserves all rights not expressly granted in these Terms of Use.
You acknowledge that, in the event of your breach of any of the foregoing provisions, Owner may not have an adequate remedy in money or damages. Owner will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.
PRIVACY POLICY
You acknowledge that any personal information that you provide through this Website will be used by Owner in accordance with Owner’s Privacy Policy.
DISCLAIMER
OWNER DOES NOT WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWNER IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OWNER OR ANY OF ITS AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OWNER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. Some states and jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in the Sections entitled “Disclaimer” and “Limitation of Liability” may not apply to you.
INDEMNIFICATION
You will indemnify, hold harmless, and, if Owner requests, defend Owner, and its affiliates, employees and agents, from and against any claims, liabilities, losses, actions, demands, costs (including without limitation attorneys’ fees and costs), alleging or arising from or related to (i) your use of the Materials or the Website or (ii) your breach of these Terms of Use.
GOVERNING LAW
You agree that these Terms of Use and any legal action or proceeding relating to this Website shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts in Dade County in the state of Florida in any litigation or dispute arising out of or related to these Terms of Use, the Materials or the Website.
GENERAL
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: “User Submissions,” “Ownership,” “Privacy Policy,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”
These Terms of Use were last updated on April 27, 2012.