TERMS OF USE
As you browse this website these terms guide and give meaning to your use of the website. The purpose of these terms is to put you on notice generally of the information contained on this website and the website’s policies that may apply to you.
By visiting and using this website, you accept and agree to be bound by these Terms and Conditions including our Privacy Policy and Disclaimer posted on the website and incorporated herein by reference. If you do not agree to be bound by these Terms and Conditions, you are not authorized to, and you may not, access or use this website.
You must not use the website for any illegal purposes, and you agree to use it in accordance with all relevant laws and regulations. Your usage of the website should not lead to interruptions, damage, reduced efficiency, or impairment of the website’s effectiveness or functionality. Furthermore, you acknowledge not to engage in any unauthorized attempts to access any part or component of the website.
The term “you” refers to anyone who uses, visits, and/or views the website. EmSilvaStyle (“website”, “us”, “we”, or “our”) reserves the right in our sole discretion to amend or modify these terms and conditions at any time without notice. Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes. It is your responsibility to periodically check the website for updates.
THE INFORMATION YOU SUPPLY TO US
If you fill out a form, send us an email, or otherwise supply us with information, you represent that the information is truthful and accurate.
ACCURACY, ERRORS, AND OTHER REPRESENTATIONS
We work hard to provide an error-free website with complete, accurate, up-to-date information on the website. Unfortunately, despite those efforts, human or technological errors may occur. The website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other distasteful content). EmSilvaStyle reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
WARRANTY DISCLAIMERS
We do not offer any warranties, whether explicit or implied, regarding the accuracy of information found on the website. The website is provided on an “as is” and “as available” basis without any representations. We do not provide any warranties of any kind, whether explicit or implied, concerning the website, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition, or completeness. No implied warranty arises from the course of dealing or usage of trade.
We do not guarantee that the website will meet your requirements or will be uninterrupted, timely, secure, or free of errors. We do not warrant that defects will be rectified, or that the website or the server making it available are devoid of viruses, bugs, or are fully functional, accurate, or reliable.
Additionally, we make no representations and do not warrant or assume any responsibility for any third-party applications (or the content thereof), user content, devices, or any product or service advertised, promoted, or offered by a third party on or through our blog services or any hyperlinked website. We are not responsible for any transactions between you and any third-party providers of the foregoing. Any advice or information, whether oral or in writing, obtained from our blog shall not create any warranty on our behalf.
While using our blog services, you may encounter content filtering features, but reliance on these features may still result in some content being served, and you should not solely rely on such features to filter all content. This section applies to the fullest extent permitted by applicable law.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users have the right to be informed that they can submit grievances and complaints to: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. This can be done in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by phone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
MANDATORY ARBITRATION AND GOVERNING LAW
By using this website, you explicitly waive your right to bring any legal claims, whether current or future, arising from or related to the website and the products/services we offer. In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, the terms and conditions set forth herein shall be interpreted in accordance with the rules and regulations of the state of Maryland and the United States.
You consent and agree to submit to the jurisdiction of both state and federal courts situated in Maryland, disregarding the principles of conflict of law or the parties’ locations at the time of dispute emergence.
Further, you commit to resolving any disputes or claims initially through mandatory arbitration within the state of Maryland. You shall bear the complete cost of arbitration as permitted by law. Your participation in arbitration in good faith is a prerequisite for pursuing any other legal or equitable remedies, such as litigation or other legal proceedings. Should a legal claim be initiated subsequent to mandatory arbitration, you also agree that the prevailing party shall have the right to recover reasonable attorney’s fees and other expenses associated with the legal action.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, photos, graphics, files, links, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
NOTICE OF INFRINGEMENT
We uphold the intellectual property rights of all individuals and expect our users to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, or if you believe that your rights have been violated by any content on the Website, kindly inform us by sending an email to the following address: emsilvastyle@gmail.com.
To facilitate a more efficient response, your notification should encompass the following:
- A physical or electronic signature of the copyright owner or a representative authorized to act on their behalf;
- A description of the copyrighted work or rights that you believe have been infringed upon, along with any supporting evidence of these rights (such as a copyright registration certificate, etc.);
- Information to reasonably pinpoint the location of the disputed material on the Website;
- Your full name, address, telephone number, email address, and any other pertinent information that enables us to contact you;
- A statement from you, asserting in good faith that the disputed use has not been authorized by the rightful owner, their agent, or the law;
- A statement from you, made under the penalty of perjury, affirming the accuracy of the information provided in your notice and confirming your status as the rightful owner of the infringed or violated rights, or as an authorized representative.
We appreciate your diligence in addressing matters of infringement. Your cooperation ensures the safeguarding of intellectual property rights within our online community.
THIRD PARTY LINKS
We may serve as an affiliate and may include, offer, or advertise third party links, products, or services on the website. Once you click on a third party link and leave our website, you are no longer bound by our Privacy Policy and Terms and Conditions.
Articles on this site may include embedded content, e.g., videos, images, photos, articles, etc. Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect information about you, use cookies, embed additional third party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions. You also agree that your use of these third party websites is solely at your risk.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of the website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from (a) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; (b) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; (c) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and (d) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, harm or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless EmSilvaStyle and its Affiliates from and against any and all losses, claims, damages, demands, actions, suits, proceedings or judgments, (including expenses and reasonable attorneys’ fees and costs) (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions, including the posting or contribution of any User Content, and use of our website including purchases, products, and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; (e) infringement by you or any other user of your account of any intellectual property or other rights of anyone, including third parties. EmSilvaStyle will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
ENTIRE AGREEMENT
These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us concerning the use of this website. It supersedes all prior or concurrent communications, discussions, negotiations, or proposals, whether electronic, oral, or written.
In any judicial or administrative proceedings related to this website, a hard copy of this entire agreement, inclusive of the Privacy Policy and Disclaimer, and any notice presented in electronic form, holds admissibility to the same extent and is accorded the same effect as other business contracts and documents upheld in printed form.
SEVERABILITY AND WAIVER
If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
Any failure by EmSilvaStyle or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive EmSilvaStyle’s or the applicable third-party beneficiary’s right to do so.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us by emailing emsilvastyle@gmail.com. In the event that you send us an email expecting a response and do not receive one within ten (10) business days, kindly send us a follow-up email, as it’s possible we may not have received your initial message. By sending us an email, you are engaging in electronic communication with us, and you consent to receiving electronic communications from us. Please be aware that emails are not considered confidential forms of communication. Consequently, we recommend refraining from sharing any confidential information through email.
DATE LAST MODIFIED August 2023
