Terms of service
Terms of Service
We at Gloria’s Shito are excited to be able to share Ghanaian culture with our customers by offering a little taste of Ghana. We are dedicated to provide you the best products possible made from the best ingredients we can gather with joy, love and appreciation for Ghanaian cuisine. To have our website, shop, and services match our standards, we made sure our Terms of Service reflect everything you need to know about accessing our website, purchasing from our shop, and using our services.
SECTION 1 - OVERVIEW
This website is operated by Gloria's Specialty Foods, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Gloria's Specialty Foods, LLC. We offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website, purchasing something from our shop, or using our services, such as our subscription and returns services, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our website such as our Shopping Policy, Returns, Refunds, and Exchanges Policy, and Subscriptions Policy. These Terms of Service apply to all users of the website, including without limitation users who are browsers, visitors, data subjects, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. You must agree to and accept all of the Terms of Service in order to use our site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, services or tools which are added to the current store and/or website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By accessing or using any part of the website, you agree to be bound by the terms of service, privacy policy, and other policies of Shopify Inc.
PLEASE BE AWARE THAT THESE TERMS INCLUDE AN ARBITRATION CLAUSE. UNLESS OTHERWISE SPECIFIED IN THE ARBITRATION CLAUSE, YOU AGREE THAT ANY DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION INSTEAD OF COURT PROCEEDINGS. YOU RENOUNCE ANY RIGHT TO PARTICIPATE IN CLASS-WIDE ARBITRATION. THIS WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS ACTION OR REPRESENTATIVE PROCEEDING. PLEASE THOROUGHLY REVIEW THE "CHOICE OF LAW; ARBITRATION" SECTION BELOW FOR COMPREHENSIVE ARBITRATION DETAILS.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 2 - OUR SERVICES
We offer a website that contains an online store that sells products, articles, recipes, and other content and features. The Services does not include the provision of any type of consultation or professional services. We retain the authority to make changes or cease the Services, either temporarily or permanently, in whole or in part, with or without prior notice. By using the Services, you acknowledge that we will not be held responsible to you or any third party for any alterations, interruptions, damages, or terminations of the Services.
SECTION 3 – GENERAL CONDITIONS
You are permitted to use the Services only if you are at least 13 years old (or meet the minimum age required for data processing consent under your local laws) and are not legally prohibited from using the Services. If you are between 13 and the age of majority in your jurisdiction, your parent or legal guardian must have read and accepted these Terms of Service on your behalf. Parents and guardians are accountable for their minor children's actions while using the Services, regardless of whether such use was authorized. If you are accepting these Terms of Service on behalf of an organization or entity, you confirm that you have the authority to do so, binding the organization or entity to these Terms of Service. We reserve the right to refuse Services to anyone for any reason at any time.
SECTION 4 – ONLINE STORE TERMS
By using our Services, including make a purchase in our store, you agree to be bound by the Terms of Service and our Shipping Policy, Returns, Refunds, and Exchanges Policy and Subscriptions Policy. You may purchase from our store without creating an account or when available, you may create an account with us.
Regardless of purchasing from our store with or without an account, the Terms of Service still apply. When making a purchase, you agree to provide accurate, up-to-date, and complete information about yourself and order as requested in the check out and/or registration forms. Your details and certain other information about you are governed by our Privacy Policy.
If you created an account, you are responsible for safeguarding the confidentiality of your password and account. You are fully liable for all activities conducted under your password or account. It is your obligation to (a) promptly inform us of any unauthorized use of your password or account or any security breach and (b) ensure that you log out of your account after each session. We will not be held accountable for any losses or damages arising from your failure to adhere to this provision.
If available, you may make purchases from our store via our subscription service. These Terms of Service shall apply to your use of our subscription service as well. Please refer to our Subscriptions Policy for more details.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns, Refunds, and Exchanges Policy.
All products and orders shall be handled and shipped according to our Shipping Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns, Refunds, and Exchanges Policy.
SECTION 5 - PRIVACY
We take the privacy of our users very seriously and information on how we collect, store, use, and share your information can be found in our Privacy Policy. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) be transmitted to third parties we are partnered with. Personal information such as credit card information is always encrypted during transfer over networks. Your submission of personal information through our website and store is governed by our Privacy Policy.
The Children's Online Privacy Protection Act ("COPPA") mandates that online service providers obtain parental consent before knowingly collecting personally identifiable information online from children under the age of 13. We do not knowingly gather or request personally identifiable information from children under 13. If you are under 13, please refrain from attempting to register for the Services or sharing any personal details with us. Should we discover that we have unintentionally collected personal information from a child under 13, we will promptly delete the information and close the associated account. If you suspect that a child under 13 may have provided us with personal information, kindly get in touch with us.
You recognize that we may establish general guidelines and limitations regarding the use of the Services, including but not limited to the maximum duration for which data or other content will be retained by the Services and the storage space allocated on our servers on your behalf. You agree that we hold no responsibility or liability for the deletion or inability to store any data or content maintained or uploaded by the Services. Additionally, you acknowledge our right to deactivate accounts that have remained inactive for an extended period. It's important to note that we have the discretion to modify these general guidelines and limitations at any time, with or without notice.
For additional information regarding our terms, conditions, and policies regarding privacy, please refer to our Privacy Policy.
SECTION 6 – THIRD PARTY LINKS AND OPTIONAL TOOLS
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You acknowledge and agree that we are not directly or indirectly responsible or liable for any damage or loss allegedly caused by or connected to the use of or reliance on any content, events, goods, or services available through these sites or resources. Any interactions with third parties while using the Services are solely between you and the third party. You agree that we are not liable for any loss or claim you may have against such third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Under no circumstances will we be held liable for any content or materials provided by third parties, including users. This includes any errors, omissions, loss, or damage incurred due to the use of such content. We do not pre-screen content, but reserves the right, at its sole discretion, to refuse or remove any content available via the Services. We and our designees may remove content violating the Terms of Service or considered objectionable. You agree to assess and assume all risks associated with using any content, including reliance on its accuracy, completeness, or usefulness.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Additionally, we do not guarantee the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements available in connection with any third party. Consequently, we are not responsible for any damage or loss allegedly caused by the use of or reliance on any such third party services. We offer these features for convenience, and their integration does not imply endorsement or recommendation.
As a reminder, our store uses Shopify Inc.’s platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By accessing or using any part of the site, you agree to be bound by the terms of service and other policies of Shopify Inc.
SECTION 7 – USER CONDUCT, CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You may use our Services for any lawful reason. If we allow you to make any user generated content, you agree that any of your user generated content does not violate any laws and the rights of any third party, including our rights. Regarding the content or materials you upload or share through the Services, you confirm that you own all rights to such User Content, including copyrights and rights of publicity. By uploading your content, you grant us and our affiliated third parties a nonexclusive, worldwide, royalty-free license to use, modify, and distribute your content in connection with the operation, promotion, advertising, or marketing of the Services, including any products or services we provide, in any form or technology, current or future.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We may allow you to create, upload, post, publish, display, email, or use via the Services, comments as a form of user generated content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. User generated content can also include but are not limited to code, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
Any feedback, suggestions, or other information about the Services that you provide to us are non-confidential, and we have the right to use and share these for any purpose without acknowledgment or compensation to you.
You acknowledge that we may preserve and disclose content if required by law or in good faith belief that such preservation or disclosure is necessary to: (a) comply with legal processes or government requests; (b) enforce these Terms of Service; (c) respond to claims of content violations; or (d) protect the rights, property, or safety of us, users, and the public. Technical processing and transmission of the Services, including your content, may involve transmissions over various networks and adaptations to meet technical requirements.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts, including to promote criminal activities, offer instructional information about illegal pursuits, or attempt to access materials or information through unauthorized means; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, including to report false emergencies relating to yourself, others, or vulnerable populations including children, elders, or people with disabilities; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others, including to attempt, in any manner, to obtain the password, account, or other security information from any other user; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose such as posting unlawful, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive, racially or ethnically objectionable or otherwise objectionable content; (k) to interfere with or circumvent the Services and its security features or any related website, other websites, or the Internet, including to disobey network regulations or violate any applicable laws or regulations; (l) to create privacy or security risks for others or engage in unsolicited advertising, spam, chain letters, contests, pyramid schemes, or any form of solicitation; (m) to attempt, in any manner, to obtain the password, account, or other security information from any other user; (n) to impersonate others, solicit personal information from individuals under 18, or harvest contact information for unsolicited communications; (o) to advertise or conduct unauthorized commercial activities.
You may not use our products or our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us. You agree not to decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
We reserve the right to suspend or terminate your account or use of the Services, including removing content, at our sole discretion and without prior notice, for various reasons, such as lack of use or if you violate these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be reported to law enforcement. We may discontinue the Services, or any part of it, at any time without notice. You acknowledge that we can deactivate or delete your account, related information, and files without liability to you or any third party.
SECTION 9 – YOUR RESPONSIBILITIES
You are solely responsible for any information or content you post or transmit through the Services. You access this information and content at your own risk, and we are not responsible for any errors, omissions, damages, or losses you may incur in connection with it. We have no control over how you interpret or use the content, and we are not liable for any actions you take based on the content. By using the Services, you release us from all liability related to the content you acquire or don't acquire through the Services. We cannot guarantee the identity of other users you interact with and are not responsible for which users access the Services.
Our Services and the provided content are meant for commercial and informational purposes and are not a substitute for any form of advice. Anyone using this information assumes full responsibility for its use. We are not liable for any claims, losses, or damages arising from the use of this information.
You are responsible for all the content you contribute to the Services and warrant that you have the necessary rights to do so. You must keep your information accurate and up-to-date. Your interactions with third-party websites or services linked through the Services are at your own risk. We do not control or assume responsibility for the content, accuracy, privacy policies, practices, or opinions expressed on these third-party websites or services. We cannot monitor or edit the content of any third-party site or service and are released from liability for your use of any third-party website or service.
Any interactions you have with organizations or individuals through the Services are solely your responsibility. It's your responsibility to investigate before interacting with these third parties. We are not responsible or liable for any losses or damages incurred from such interactions. You are responsible for your interactions with other users, and we have no liability in this regard. If there's a dispute between users of the Services or between users and third parties, we are not obligated to get involved. If you have a dispute with other users, you release us and our officers, employees, agents, and successors from all claims and damages related to such disputes.
You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 11 – INTELLECTUAL PROPERTY RIGHTS
The content available on the Services may contain our intellectual property and the intellectual property of others. By using the Services, you agree to comply with all copyright notices, trademark regulations, and restrictions embedded in any content you access. You are prohibited from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or exploiting any content not owned by you for any purpose without the prior consent of the content owner, including us, or in a manner that violates the rights of others.
You acknowledge and agree that the Services may contain content or features, including text, graphics, data, articles, videos, photos, images, illustrations, user submissions, and other materials ("Services Content") that are protected by various intellectual property laws including copyright laws. Unless expressly authorized by us, you are prohibited from modifying, copying, framing, scraping, renting, leasing, loaning, selling, distributing, or creating derivative works based on the Services or the Services Content, either in whole or in part. You are prohibited from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or exploiting any content not owned by you for any purpose without the prior consent of the content owner, including us, or in a manner that violates the rights of others. This restriction does not apply to your own user generated content, if any, that you legally upload to the Services.
While using the Services, you are not allowed to employ data mining, robots, scraping, or similar data gathering or extraction methods. If we block your access to the Services (including by blocking your IP address), you agree not to attempt any measures to bypass such blocking, such as masking your IP address or using a proxy IP address. Any use of the Services or the Services Content beyond what is specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection with them belong to us, our affiliates, and our partners (the "Software"). You are not permitted to copy, modify, create derivative works of, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. All rights not expressly granted herein are reserved by us.
Our name and logos are trademarks and service marks owned by us (collectively the "Our Trademarks") are our sole property. Other company, product, and service names and logos displayed via the Services may be trademarks or service marks of their respective owners, who may or may not be affiliated with or endorsed by us. These Terms of Service or the Services should not be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Trademarks displayed on the Services, without our prior written permission in each instance. Any positive reputation arising from the use of Our Trademarks will exclusively benefit us.
You shall not have the right to use any of Our Trademarks and other intellectual property, or the intellectual property of third parties for any reason, unless authorized by us or the applicable third parties. Any unauthorized use shall be treated as a material breach of the Terms of Service and can result in the immediate termination of your ability to use our Services and legal action be taken against you.
SECTION 12 - DISCLAIMER OF WARRANTIES
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or uninterrupted and error-free use of the Services.
Please note that certain jurisdictions may not allow limitations on how long an implied warranty lasts, so these limitations might not apply to you. We explicitly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, copyright compliance, legality, or decency of any content accessed through the Services, and we are not responsible for it. We also do not endorse or warrant any services or products recommended or purchased through the Services.
We also do not guarantee that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material obtained through the service will meet your expectations.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – LIMITATIONS ON LIABILITY
You acknowledge and agree that we will not be held liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, goodwill, use, data, or other intangible losses, even we have been advised of the possibility of such damages. These damages may arise from: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Our total liability to you for all damages, losses, or causes of action will not exceed the amount you have paid the company in the last six (6) months, or, if greater, one hundred dollars ($100).
Please note that certain jurisdictions might not allow the disclaimer or exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations mentioned above might not apply to you or may not be enforceable. If you are dissatisfied with any part of the services or these terms of service, your only recourse is to stop using the services.
For users from New Jersey: The sections titled "Disclaimer of Warranties" and "Limitation of Liability" are intended to be as broad as permitted under the laws of the state of New Jersey. If any portion of these sections is deemed invalid under New Jersey laws, the remaining portions will remain valid.
SECTION 14 – ARBITRATION
This section, known as the "Arbitration Agreement," governs all disputes or claims between you and us arising from or relating to these Terms of Service, the Services, any advertising, or any aspect of our relationship. Such disputes shall be resolved exclusively through binding arbitration, except for individual claims in small claims court if they qualify. This Agreement also does not prevent you from reporting issues to relevant authorities. By agreeing to these Terms of Service, you and us both waive the right to a jury trial or participation in a class action. A neutral arbitrator, not a judge or jury, will determine your rights under this Agreement. The Federal Arbitration Act applies to this Arbitration Agreement.
Both you and us agree that claims can only be brought on an individual basis and not as part of any class or representative action. The arbitrator cannot consolidate or join more than one person's claims, and can only provide relief to the extent necessary for individual claims.
We aim to resolve disputes amicably. If emailing customer support doesn't resolve the issue, the party intending to arbitrate must send a written notice to the other party. If unresolved within sixty (60) calendar days, either party can initiate arbitration.
Arbitration will follow the American Arbitration Association’s rules, as modified by this Agreement. The arbitrator will make decisions based on our Terms of Service and applicable law. Arbitration hearings will occur at a location convenient for both parties. Fees will follow the AAA Rules. All aspects of the arbitration, including decisions and awards, will be strictly confidential.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Additional terms and conditions may apply when using affiliate, third-party services, content, or software. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
SECTION 19 - GOVERNING LAW
These Terms of Service are governed by California state laws, excluding conflict of law provisions. For disputes not subject to arbitration, both parties agree to the jurisdiction of state and federal courts in Los Angeles County, California. If any provision is found invalid, the court will strive to uphold the parties' intentions, and the remaining provisions remain in effect. Any claim related to these Terms of Service or Services usage must be filed within one year or is barred. This agreement, along with electronically provided notices, is admissible in legal proceedings. We may assign or transfer these Terms of Service without restriction, but you can't do so without our prior written consent. Section titles are for convenience and have no legal effect. Notices may be sent via email or regular mail, and Services changes will be communicated on the platform.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Please contact us to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services at gloriasshito@gmail.com.
