TERMS AND CONDITIONS OF USE
Please read these terms carefully before using this Website. Use of this Website indicates your acceptance of these terms.The owner, Marie Victoria, LLC (the “Owner”), maintains this website (the “Website”) and all the information, communications, software, scripting, photos, text, graphics, images and other materials and services found on the Website (collectively "Content"), for the use of its customers, employees, and members of the general public.
Acceptance of Contract Terms
If you do not agree to these terms, please do not use the Website.
The Website is controlled and operated in whole or in part by the Owner from its offices within the United States. By accessing the Website, you agree that the statutes and laws of the United States and the State of Georgia, without regard to conflicts of laws, will apply to all matters relating to use of the Website, and you agree that any litigation relating in any way to the use of the Website shall be subject to the jurisdiction of the state or federal courts in Fulton County, Georgia.
Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. The Owner makes no representation that the Content in the Website is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the Website, you warrant and covenant to Owner that you will not use the Website for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the Website or tamper in any way with the operation of the Website, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the Website. You acknowledge that the Owner reserves the right in its sole discretion to refuse or terminate access to the Website by you at any time.
Restrictions on Use of Content
You acknowledge that the Content is the property of the Owner or third parties and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. In addition to the Owner ownership of the Content, the Owner or its licensors owns a copyright in the selection, coordination and arrangement of the Content. Nothing contained in this Website shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of Owner or any third party.
Submissions of Information
Links to Third Party Websites
The Website may contain hyperlinks to Websites operated by parties other than the Owner. Such hyperlinks are provided for your reference only. The Owner does not control such Websites and is not responsible for their contents. The Owner's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. The Owner is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Websites, whether actual, alleged, consequential or punitive. The Owner makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
DISCLAIMER OF WARRANTY
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARIE VICTORIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MARIE VICTORIA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARIE VICTORIA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARIE VICTORIA OR THROUGH ANY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, MARIE VICTORIA NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON A SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MARIE VICTORIA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANGERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Trademarks and Service Marks
The trademarks, logos and service marks ("Marks") displayed on this Site are registered, common law trademarks and are the property of the Owner or other third parties. You are not permitted to use the Marks without the prior written consent of the Owner or such third party which may own the Marks. Nothing on this Website should be interpreted, by implication or otherwise, as granting permission or license to use the Marks, whether the Owner Marks or those of a third party.