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Términos del servicio

Effective Date: September 24, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Casa Felix Terms of Service (“Terms”) apply to your access to and use of the www.casafelix.com website and platforms (collectively, the “Site”) and all services (“Services”) provided by Casa Felix, LLC (“we,” “our,” or “us”). By accessing or by using our Site or using our Services, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site or Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site or Services.

If you have any questions about these Terms or our Site or Services, please contact us at hello@casafelix.com.

1. PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. CONSENT TO USE OF DATA AND MOBILE COMMUNICATION

You consent to our communicating with you about the Site and our services by SMS, text message, e-mail, or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

3. TERMS OF SALE

The following terms apply to your purchase of the products or Services offered on the Site.

Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.

Availability and Pricing. We reserve the right to change the prices and available products and Services at any time. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Purchases. The display of Services or any products on the Site invites you to make us an offer to buy the Services or products. Your order is an offer to buy the Services or products, which we accept by either (a) providing you access to the online portal for the Services or (b) accepting payment for products. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction in the event of inaccuracies, errors, unavailability, or for any other reason.

Orders. We have the right to refuse or limit any orders or quantities. We will not be liable if a product or Services are unavailable or delayed. All orders are noncancelable; we may grant or deny cancellation requests in our sole and absolute discretion and determination. We reserve the right to provide substantially similar products to fulfill your order.

Payment. You authorize us (and any payment processor) to charge your payment card (or any payment account, such as PayPal, Venmo, etc.) for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund, if permitted. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Refunds. In exceptional circumstances, we may determine in our sole and absolute discretion to permit a refund on products purchased through our Site. To make a request for a refund, please contact us at hello@casafelix.com.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes or duties related to your purchase. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase.

Personal Use Only. Our Services and products are for your personal use only. You agree not sell or resell any products or Services you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce our Services (and any products) to be provided to you that may result in a violation of these Terms, as we determine in our sole and absolute determination and discretion.

4. USER CONTENT

Our Site may allow you and other users to create, post, store, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.

If you submit any User Content to us, including through the Site, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

5. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:

  • Engage in any harassing, threatening, intimidating predatory or stalking conduct;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Site;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  • You may also post or otherwise share only User Content, if our Site allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

6. OWNERSHIP; LIMITED LICENSE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

7. TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

9. THIRD-PARTY CONTENT, PRODUCTS, AND SITES

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

11. DISCLAIMERS

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein, and our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While we attempt to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. Our total liability, including that of our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Site.

Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

13. GOVERNING LAW AND VENUE

ANY DISPUTE ARISING FROM THESE TERMS AND YOUR USE OF THE SITE, SERVICES, AND/OR PRODUCTS WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, EXCEPT TO THE EXTENT PREEMPTED BY U.S. FEDERAL LAW, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA.

14. MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

15. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. SECURITY

When you register to participate in our Services, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

17. MINORS

Our Services and Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Site and Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. For information on how we protect the privacy of minors who use our Site, please see our Privacy Policy.

18. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

19. CONTACT US

If you have any questions about these Terms, please contact us at hello@casafelix. com.