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TERMS AND CONDITIONS OF USE

Last Modified: 03/20/2017

Welcome to the website of AG Accessories, LLC. The following terms and conditions, together with any documents expressly incorporated by reference (the "Terms of Use") govern your access to and use of the website located at www.andrea-gomez.com, including any content, functionality, and products or services offered through www.andrea-gomez.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website and print a copy for your records. By using the Website, you accept and agree to the terms and conditions of these Terms of Use, and our Privacy Policy, incorporated herein by reference, without any reservations, modifications, additions, or deletions, and whether or not you have read them. If you do not agree to the terms and conditions of these Terms of Use and the Privacy Policy, you must not and are not authorized to access the Website. You may be denied access to the Website with or without prior notice if you fail to comply with any provision of these Terms of Use.

  1. AUTHORIZED USERS

    This Website is offered and available to users who are 18 years of age or older and agree to the terms and conditions of these Terms of Use. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  2. CHANGE TO TERMS OF USE

    We may from time to time modify the terms and conditions of these Terms of Use in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. If you do not agree to, or cannot comply with these Terms of Use as amended, you should not use and are not authorized to use this Website.

    You will be deemed to have accepted these Terms of Use as amended if you continue to use this Website after any amendments are posted. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

  3. WEBSITE INFORMATION AND PRODUCTS

    We try to ensure that the information posted on this Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website.

    All purchases through our Website are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Although Company has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user. Company cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Company is not responsible for typographical errors regarding price or any other matter.

  4. ACCESSING WEBSITE, ACCOUNT REGISTRATION AND SECURITY

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  5. INTELLECTUAL PROPERTY RIGHTS

    We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.

    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its license or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
    • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
    • If we provide social media features with certain content, you may take such actions as are enabled by such features.

    You must not:

    • Modify copies of any materials from this Website.
    • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

    You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  6. TRADEMARKS

    The trademark Andrea Gomez, and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  7. PROHIBITED USES

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
    • To transmit, or procure the sending of any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
    • To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.

    Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
  8. PRIVACY POLICY

    In the course of your use of the Website, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  9. SUBMISSIONS; CONTENT STANDARDS

    If you submit to us or post a testimonial, comment, review, suggestion, content, materials or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part), to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and to otherwise disclose to third parties any such Submission. You represent and warrant that you own or control all rights in and to the Submission and have the right to grant the license granted in this section to us, our affiliates and service providers, and each of their respective licensees, successors and assigns.

    The following content standards ("Content Standards") apply to any and all Submissions. Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:

    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the terms and conditions of these Terms of Use and our Privacy Policy.
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote or assist any unlawful act.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  10. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on this Website.
    • Send e-mails or other communications with certain content, or links to certain content, on this Website.
    • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

    Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.
    • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
    • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content or information from the Website accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

  11. LINKS FROM THE WEBSITE

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.

    We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The presence of links to other websites does not imply a partnership, relationship, approval, and support of the Company for such sites and their contents.

  12. DISCLAIMERS AND LIMITATION OF LIABILITY

    THIS WEBSITE, INCLUDING ALL ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS". ANY USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.   WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS WEBSITE ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

    WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.  WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS WEBSITE OR YOUR USE OF THIS WEBSITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS WEBSITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. THE COMPANY'S PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE MAY NOT BE AVAILABLE IN YOUR REGION.

    YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    SOME OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.

    COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  13. LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LITIGATION, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE ANY LIABILITY OR A WARRANTY, AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.  THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THESE TERMS OF USE.

    OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO ONE DOLLAR (US $1.00) WHICH SHALL BE CONSIDERED SUFFICIENT AND ADEQUATE COMPENSATION FOR ANY LOSS SUFFERED BY YOU.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THE FAILURE TO ASSERT ANY SUCH CAUSE OF ACTION WITHIN ONE (1 YEAR) AFTER ITS ACCRUAL SHALL PERMANENTLY BAR THE FILING OF THE SAME UNDER ANY THEORY OF LIABILITY.

  14. INDEMNITY

    YOU WILL INDEMNIFY AND HOLD US, OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS (INCLUDING, WITHOUT LIMITATION ANY ATTORNEYS' FEES AND COSTS, INCLUDING ON APPEAL) ARISING OUT (I) YOUR BREACH OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE WEBSITE.

  15. GENERAL INFORMATION

    You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms of Use or your use of the Website.

    The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision contained in this document is deemed or declared as void, illegal, or ineffective; the validity, legality, enforceability and efficacy of the other provisions included herein, will not be affected.

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions (whether of the State of Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the State of Florida; if in state court, in Miami-Dade County, and if in federal court, in the U.S. District Court for the Southern District of Florida. You hereby irrevocably consent to exclusive personal jurisdiction and venue in Florida. ALL PARTIES TO THESE TERMS OF USE WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

    The Terms of Use inure to the benefit of Company's successors, assigns and licensees. The section headings are for convenience only and will not be used to interpret these Terms of Use.

    The Terms of Use, our Terms of Sale and Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

    Any provision of these Terms of Use which by its nature is intended to survive the termination of these Terms of Use will survive such termination.

  16. YOUR COMMENTS OR CONCERNS

    This website is operated by AG Accessories, LLC, 1150 Lee Wagener, Blvd. Suite 100, Fort Lauderdale, Florida 33315, United States.

    All notices of copyright infringement claims should be sent to: contact@andrea-gomez.com.

    All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@andre-agomez.com.

    Thank you for visiting the Website.