Terms of Service.
OVERVIEW
This website is operated by La Toma Design LLC. Throughout the site, the terms "we," "us," and "our" refer to La Toma Design LLC. La Toma Design LLC offers this website, including all information, tools, and services available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices set forth herein.
By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.
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. If you do not agree to all of the terms and conditions of this agreement, you may not access the Website or use any of the Services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You may 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 on 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 such changes.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to deny service to anyone for any reason at any time.
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 the technical requirements of the networks or connecting devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information 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 considered 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 is not necessarily up-to-date and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
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 in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit 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 we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. 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 Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the 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 using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on 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 necessary.
For more details, please see our Return Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or have any control or participation.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of the 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 the tools are provided by the relevant third party providers.
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 will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service 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 content or accuracy and do not warrant and will not have any responsibility or liability for any third-party materials or websites, or any other third-party materials, products, or services.
We are not responsible for any damage or injury related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before making any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or, without a request from us, submit 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 we have Send. We are not and will be under no obligation to (1) keep any Feedback confidential; (2) 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, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or to violate any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or unlawful, abusive or obscene material, nor will they contain any computer viruses or other malware that may in any way affect the operation of the Service or any related websites. You may not use a false email address, pretend to be someone other than yourself, or mislead us or any third party as to the origin of the feedback. You are solely responsible for the comments you make and their accuracy. We do not assume any responsibility for comments posted by you or third parties.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see the PRIVACY POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or the Service 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 on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Service or any related website, including, but not limited to, pricing information, except as required by law. No update or specified update date applied on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) soliciting others to perform or participate in unlawful acts; (c) violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present false or misleading information;
(g) upload or transmit viruses or any other type of malicious code that will be used or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) spamming, impersonating, pharmacy, pretexting, scratching, tracking, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee 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 terminate the service at any time, without notice.
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 provided (except as expressly stated by us) on an "as is" and "as available" basis for your use, without any representations, 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, and non-infringement.
In no event shall La Toma Design LLC, 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, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damage. whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the Services or any products purchased using the Service, or for any other claim relating 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 through the Service, even if advised of its possibility.
Because some states or jurisdictions do not allow the exclusion or 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 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless La Toma Design LLC and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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 that incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by 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 stop 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 may also 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 may consequently deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure 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 with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements by which we provide Services to you shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about terms of service should be sent to latomadesignpr@gmail.com.
Our contact information is posted below:
La Toma Design LLC
latomadesignpr@gmail.com