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Terms of Use

Last updated: 2020-07-29

Please read these Terms and Conditions (“Terms”) carefully before using the www.andriaarie.com Website (the “Website”) operated by Andria Arie, LLC, a Massachusetts limited liability company (“us”, “we”, “our”) as these Terms contain important information regarding limitations regarding your use of the Website.  By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Accounts

When you create an account with us, you warrant that you are above the age of 16 and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account user name and password. You agree to accept responsibility for any and all activities or actions that occur under your account.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion if we suspect unauthorized activity. You can terminate your account by visiting the website, clicking “Contact” and sending us a message with your username and password and asking us to cancel your account.  We will send you and email asking you to confirm those instructions.  Upon receipt of confirmation, we will close the account.

Use of the Site

Subject to your acceptance of and compliance with these Terms of Use, you are granted a personal, revocable, non-sublicensable license to access and use our Site and electronically copy, and print to hard copy portions of our Site for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our Site; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Purchases

To effectuate a purchase, you will be asked to supply our payment processor with your credit card number, expiration date, CCV, billing address, and shipping address.  Our payment processor will process payments immediately. We are not responsible for the retention or safety of billing information that is collected by the third party service.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) that you use in connection with any purchase; and that (ii) the information you supply to us and to our payment processors is and will be true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or suspected fraud.  If we suspect fraud or an unauthorized or illegal transaction, we may report the same to law enforcement authorities and provide them with information about you and your account.

Cancellation and Returns

You may cancel your order by contacting us within 24 hours of placing the order. We reserve the right to refuse a cancellation.   Please see the Return Policy on our website for our policies and procedures regarding returns and refunds.

Warranty

Please see the Product Warranty section on our website for warranty details.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the products, and services contained on this Website for any purpose. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Website are ©2020 Andria Arie, LLC. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ” Content “) are the property of Andria Arie, LLC and all logos and product names are trademarks of Andria Arie, LLC.  Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our intellectual property, or if you believe that our Website or products infringe your intellectual property rights, please let us know by contacting us at legal@andriaarie.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

Damages

IN NO EVENT SHALL ANDRIA ARIE, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF ANDRIA ARIE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF, DESPITE THE LIMITATION ABOVE, ANDRIA ARIE, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ANDRIA ARIE, LLC WILL IN NO EVENT EXCEED THE AMOUNTS YOU PAID TO ANDRIA ARIE, LLC IN CONNECTION WITH TRANSACTION(S) EFFECTUATES ON THIS WEBSITE WITHIN THE PREVIOUS 12 MONTHS.THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved solely in a court having jurisdiction in Boston, Massachusetts.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, or our products or services that are provided by you to Andria Arie are non-confidential and shall become the sole property of Andria Arie. Andria Arie will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Andria Arie and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about our Terms and Conditions, please contact us at legal@andriaarie.com.