Terms of Use
1. Binding Effect. The following Terms of Use apply to gloriamitchell.com (the “Site” or “Service”), which is owned and operated by Gloria Mitchell, LLC (the “Company”). By using the Site or any services provided in connection with the Site, you signify your agreement to abide by these Terms of Use. If you do not agree to any of these Terms of Use, you are prohibited from using or accessing the Site.
2. Privacy Policy. Gloriamitchell.com is committed to the privacy of all our visitors and customers. Our current Privacy Policy can be found by clicking the “Privacy Policy” link at the bottom of the page. When you access or use the Site, you signify your agreement with the Privacy Policy.
3. Age. The site is intended only for users aged 18 or older.
4. Copyright and Intellectual Property. All materials on the Site are protected by applicable copyright and trademark law. You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Site, including all applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
5. Limited License. All materials of on the Site are property of the Company and are protected by copyright, trademark, and intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or has not be authorized by us. Nothing contained on the Site should be understood as granting you license to use any of the trademark, service marks, logos by the Company or by any third party.
6. WARRANTY DISCLAIMER. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING, WITHOUT LIMITATIONS, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF THE SITE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE AND OR OTHERWISE RELATING TO SUCH MATERIALS ON ANY SITES LINKED TO THIS SITE.
7. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR PROFIT) ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES PROVIDED TO YOU BY THE COMPANY. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
8. Links To Other Sites And/Or Materials. As part of the Site, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. Some of the links contained on this website may be affiliate links. This means that the owners of this website may receive a commission if you click on the link and make a purchase from the affiliate. The owner of this Site and Company only recommend products and services that they know or trust to be of high quality, whether an affiliate relationship is in place or not.
9. Violations. The Company reserves the right to terminate your use of the Site immediately, with or without notice to you, and without liability to you, if the Company believes you have violated any of the Terms of Use, furnished the Company with false or misleading information or interfered with the use of the Site by others.
10. Email May Not Be Used To Provide Notice. Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
11. Governing Laws. Any Claims relating to the Site shall be governed by the laws of the United States and the State of California, without regard to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California in all disputes arising out of the use of the Site.
12. Terms of Use Modifications. We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case the Company will post revised Terms of Use on the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms of Use. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
13. General Terms. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT GLORIAMITCHELL.COM REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
