Terms of Service
1. USE OF THE SITE
2. ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and membership reward programs ("Additional Terms"), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HELEN ORTIZ is not responsible for third party access to your account that results from theft or misappropriation of your account. HELEN ORTIZ and its associates reserve the right to refuse or cancel the service, terminate accounts, or remove or edit content in our sole discretion. If you are under 18, you may use www.HELENORTIZSTORE.COM only with permission of a parent or guardian.
4. PRODUCT INFORMATION; LIMITATIONS ON QUANTITIES
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
5. NO UNLAWFUL OR PROHIBITED USE/ INTELLECTUAL PROPERTY
6. SUBMITTED CONTENT
HELEN ORTIZ does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Helen Ortiz perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant HELEN ORTIZ the license specified above. You further represent warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. HELEN ORTIZ will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
7. LIABILITY DISCLAIMER
You agree to indemnify, defend, and hold harmless HELEN ORTIZ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HELEN ORTIZ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HELEN ORTIZ asserting any available defenses.
9. LIMITATIONS ON LIABILITY
In no event shall Helen Ortiz, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based on warranty, contract, tort, or otherwise, even if Helen Ortiz has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Helen Ortiz, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Helen Ortiz in connection with the event giving rise to such liability. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
10. INTERNATIONAL USE
We control and operate the Site from Venezuela. Materials on the Site are appropriate and available for use outside Venezuela. But if you access this Site from outside Venezuela, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. RISK OF LOSS
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.