This website and any mobile application (collectively, this “Site”) are owned by kelsiahernandez, LLC. We provide you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.

By browsing, accessing, using, registering for, or purchasing merchandise on this Site or otherwise using our Services, you agree to the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚, you should not browse, access‚ use‚ register for or purchase merchandise from the Site.

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy Account

To access some features of this Site‚ you may be required to register, and we may assign it to you, or you may be required to select a password and user name or account identification. If you register,  you agree to provide Us with accurate and complete registration information‚ and inform us immediately of any updates or other changes to such information.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be authorized to access and use the Site in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication

When you use this Site or send emails to Us, you communicate with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures, and other communication we provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content

This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics, or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post under your profile. Still, it does not fit your account information or the information you submit to make a purchase. You agree that you are solely responsible for your User Content and your use of Interactive Features and that you use any Interactive Features at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer;
• User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where you have not obtained such individual's consent;
• User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
• User Content that may infringe any patent, trademark, trade secret, copyright, or another intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
• Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code.

Rights in User Content

Except as otherwise provided in these Terms, on this Site, or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.

By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title, and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback. We shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

• download‚ modify, reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
• remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
• use any robot‚ spider‚ site search/retrieval application‚ or another device to retrieve or index any portion of this Site;
• collect any information about other users (including usernames and email addresses) for any purpose other than to solicit and share reviews with other users;
• reformat or frame any portion of any Web pages that are part of this Site;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other user’s enjoyment of the Site;
• submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
• transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
• use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity, or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
• copy or keep any User Content offered on this Site other than for your personal‚ non-commercial use;
• take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
• use this Site and any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on this Site. We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership

As between you and Us‚, this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the preceding ‚ are owned by Us or our licensors and protected by applicable copyright laws.

The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to confuse you. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use our trademarks or service marks in meta tags. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚, trade secrets, or other proprietary rights.

Purchases on this Site

You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

The risk of loss and title for items you purchased on this Site passes to you upon our delivery of the items to the carrier according to a shipment contract.

We charge sales tax for merchandise ordered on this Site based on the order’s location’s applicable state sales tax rate.

When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate costs from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.

Only valid credit cards or another payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and allow us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other method. If the card (or another method) cannot be verified, invalid, or not otherwise acceptable, your order may be suspended or canceled automatically.

Our Return Policy governs all returns found at REFUND POLICY.

We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service, or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund.

All items are subject to availability. We reserve the right to impose quantity limits on any order, reject all or part of an order, and discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.  We reserve the right to refuse or cancel any orders placed for products and services for which the sale or use of such product and service in your state or jurisdiction is restricted or prohibited.

Links

This Site may contain links to other sites owned and operated by third parties on the Internet. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, and providing Us with a notice of termination.  Warning and in our sole discretion, we reserve the right to terminate your right to use this Site or any portion of this Site and block or prevent your future access to and use of this Site or any part of this Site.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities, and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that We shall have the right to control the defense or settlement of any third-party Claims.

Disclaimers

Except as expressly provided, this Site, including all Site Content and services provided on or in connection with this Site, is provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties, or conditions of any kind, either express or implied.

We disclaim all other representations, warranties, conditions, and duties, express, implied, or statutory, including but not limited to implied warranties, duties, or conditions: (A) Merchantability, Fitness for particular purpose or use, results, title, and non-infringement; and (B) Created by trade usage, course or dealing or course of performance.

We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable returns and exchanges policies.

In no event shall we or our related parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties aggregate liability, whether in contract, warranty, (Including negligence, whether active, passive or imputed) or other theory, arising out of related to these terms or the purchase or use of any products or services purchased through this site exceed the purchase price of the product or service. The limitation outlined in this paragraph will not limit or exclude our related parties’ gross negligence, fraud, intentional, willful, malicious, or reckless misconduct.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including damages, injunctive relief, attorneys’ fees, and expenses without limitation.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several. It shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries

These Terms are for the benefit of and will be enforceable by the parties only. These Terms are not intended to confer any right or benefit on any third party or create any obligations or liability of a party to any such third party.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Us regarding the service of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable, or sublicensable by you‚ except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at PRIVACY POLICY, and any notices regarding the Site.

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy-related material can be directed to our support staff by emailing us at: kelsiahdez@gmail.com.