TERMS OF SERVICE
EFFECTIVE DATE: MAY 24TH, 2018
The terms “we”, “us”, and “our” refer to ALEXIS BONAVITACOLA ART, LLC (“Company”).
On the Site, we provide: Online Art E-courses, Online Studio Workshops, Free Demonstrations, Blog Advice, and Art for Sale (“Service(s)”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service.
You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Alexis Bonavitacola Art LLC.
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP
To use our E-Course Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. Alexis Bonavitacola LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
Our products are delivered to you online in a digital format (i.e., no physical products are shipped to you).
Due to the nature of digital products, refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase. By registering for my e-courses or workshop, you accept, agree with, and understand that no refunds will be issued and that it is your responsibility to ensure you have a computer to access the course that is compatible with the system requirements for the course or workshop. You also acknowledge and accept that Alexis Bonavitacola cannot be held responsible for any technical problems encountered following the purchase of the course or monthly membership. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results. You agree also that all content of this course or workshop is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information. Alexis Bonavitacola LLC reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
IN NO EVENT WILL ALEXIS BONAVITACOLA LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF ALEXIS BONAVITACOLA LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALEXIS BONAVITACOLA LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
THIRD PARTY WEBSITE AND RESOURCES DISCLAIMER
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Alexis Bonavitacola LLC does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Alexis Bonavitacola Art LLC or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Alexis Bonavitacola Art LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Alexis Bonavitacola Art LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Alexis Bonavitacola Art LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
ALEXIS BONAVITACOLA LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. JANESSA RAE DESIGN CREATIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ALEXIS BONAVITACOLA LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR COMPANY].
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
E-course & Workshop Acknowledgement
The term “course” or "e-course" or "workshop" includes the e-course or workshop Web Pages (including those hosted by third-parties, such as Thinkific, Facebook, or Mighty Network), courses, workshops, monthly membership, private Facebook community content, and all associated materials.
E-COURSE & WORKSHOP ACCESS & PRIVACY
To access and participate in any of my online e-courses or workshops, you must attest that you have read and agree to the E-course & Workshop Acknowledgement.
Only e-course Members have access to e-course content. Only workshop Members have access to workshop content. Members of Alexis Bonavitacola e-courses or workshops may not share, give or sell e-course content, materials, or their Member password or username to any other person or entity.
E-COURSE & WORKSHOP MATERIALS
All e-courses/workshops and materials, along with references used in or related to the e-courses/workshops, are the property of Alexis Bonavitacola or of third parties and used under permission granted to Alexis Bonavitacola and may only be used in the manner detailed in this E-course & Workshop Acknowledgement. Permission to use the material in any other way must be obtained in writing from Alexis Bonavitacola and/or the publisher or author of the material. These materials are for the sole use of individuals registered for the e-course or workshop, or others as approved by Alexis Bonavitacola.
As an e-course or workshop registrant, you may view and read all materials that are part of the e-course or workshop facility. You may also print any or all screen and pdf file pages for your personal use in taking the e-course, but you may not share, communicate, publish or in any manner distribute to other parties the e-course content, references, links or any other materials.
E-COURSE & WORKSHOP DERIVATIVE WORKS
Copyright law protects original, creative works of authorship such as works of art and paintings—among other things. By purchasing an e-course or workshop from Alexis Bonavitacola Art LLC, you agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the Alexis Bonavitacola e-courses or workshop without the prior expressed written permission of Alexis Bonavitacola.
If you choose to go out and teach workshops, please do not copy and share information learned in this e-course with your students. Make your lessons you own, develop your own techniques, and design a workshop that is solely your own. If you go on to sell the art that has been created in this e-course or monthly membership, I trust that it will be your piece - not a replica of the art I demonstrated in the e-course or workshop.
E-COURSE & WORKSHOP REFUND POLICY
By registering for my e-courses or workshop, you accept, agree with, and understand that no refunds will be issued and that it is your responsibility to ensure you have a computer to access the course that is compatible with the system requirements for the course or workshop. You also acknowledge and accept that Alexis Bonavitacola cannot be held responsible for any technical problems encountered following the purchase of the course or monthly membership. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results. You agree also that all content of this course or workshop is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.
E-COURSE & WORKSHOP TIMESPAN
The e-course Energy.Motion.Flow: The Beauty of Alcohol Inks & Beyond is designed to be completed within six weeks, following a drip content format, where students follow along with one new module per week. While this e-course is designed to be completed in a group format following along with the teachings each week, ultimately you are responsible for completing the e-course on your own time. Once you purchase an e-course from Alexis Bonavitacola LLC, you have lifetime access to the e-course for as long as it exists, making it easy to go back and review content over and over again.
The e-course Teach Art Online is designed to be completed within six weeks, following a drip content format, where students follow along with one new module per week. While this e-course is designed to be completed in a group format following along with the teachings each week, ultimately you are responsible for completing the e-course on your own time. Once you purchase an e-course from Alexis Bonavitacola Art LLC, you have lifetime access to the e-course for as long as it exists, making it easy to go back and review content over and over again.
Online Studio Workshops are designed to have full-access to the content immediately upon enrollment. The workshops are designed to be completed individually, and ultimately you are responsible for consuming the workshop content on your own time. You will have access to the content so long as you are a paying member. Should you choose to cancel your Thinkific account, you will no longer have access to the videos and content. It is your responsibility to download any content you'd like to reference again in the future since you won't have access to that content once your account is closed (if applicable). You may cancel your account at any time within your Thinkific account settings.
E-COURSE & WORKSHOP MANAGEMENT SYSTEM ACCESS
You agree that you will not use any robot, spider or other device, process or means to access Alexis Bonavitacola e-courses or workshop. Nor shall you use any process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not compromise or circumvent the security controls of Alexis Bonavitacola e-courses/workshops or otherwise gain unauthorized access to Alexis Bonavitacola e-courses or workshops. You agree that you will not use any device, software or routine that interferes with the proper working of the Alexis Bonavitacola e-courses or workshops nor shall you attempt to interfere with the proper working of the Alexis Bonavitacola e-courses or workshops. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
E-COURSE & WORKSHOP ATTESTATION
VIOLATION OF E-COURSE & WORKSHOP ACKNOWLEDGEMENT
Registrants are deemed and presumed to be aware of and familiar with this E-course & Workshop Acknowledgement. Violation of Terms and Conditions will result in e-course or monthly membership termination and possible legal action.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Alexis Bonavitacola Art LLC is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Alexis Bonavitacola Art LLC will submit all necessary information to relevant authorities.
If any Member Content is reported to Alexis Bonavitacola Art LLC as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Alexis Bonavitacola Art LLC. If the Member fails to meet such a request, Alexis Bonavitacola Art LLC has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Alexis Bonavitacola LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Alexis Bonavitacola Art LLC, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
USE OF INFORMATION
You grant Alexis Bonavitacola Art LLC a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Alexis Bonavitacola Art LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Alexis Bonavitacola Art LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
LINKING TO OUR WEBSITE
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
LINKS TO OTHER WEBSITES
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Alexis Bonavitacola Art LLC has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
TERMINATION OF MEMBERSHIP
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
From time to time, Company may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
This Agreement will be treated as if it were executed and performed in Philadelphia, PA, and will be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to federal or state courts located in Philadelphia, Pennsylvania. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
Alexis Bonavitacola LLC
3240 S. Smedley Street
Philadelphia, PA 1914506