Terms and Conditions

Welcome to Janice Deerwester's website (hereinafter referred to as "the Website"). By accessing or using the Website, you agree to be bound by these Terms and Conditions (hereinafter referred to as "the Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms

1.1 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered user or a guest.

1.2 We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

2. Intellectual Property Rights

2.1 The content, including but not limited to text, graphics, images, videos, and software, on the Website is the property of Janice Deerwester and is protected by copyright, trademark, and other intellectual property laws.

2.2 The photography and website design are the intellectual property and are protected by copyright laws.

2.3 You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without the prior written consent of Janice Deerwester.

3. User Accounts

3.1 To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.

3.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

4. User Conduct

4.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party.

4.2 You agree not to engage in any conduct that may harm, disrupt, or otherwise interfere with the operation of the Website or its users, including but not limited to:

- Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;

- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

- Uploading, posting, or transmitting any content that infringes upon any intellectual property rights or other proprietary rights of any party;

- Uploading, posting, or transmitting any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;

- Interfering with or disrupting the Website or its servers or networks.

5. Purchases and Payments

5.1 The Website may offer products or services for sale. By making a purchase through the Website, you agree to pay all charges at the prices then in effect for your purchase, including any applicable taxes and fees.

5.2 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

5.3 We may use third-party payment processors to process payments made through the Website. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.

6. User Information and Privacy

6.1 We collect and process personal data, such as names, phone numbers, and email addresses, in accordance with our Privacy Policy. By using the Website, you consent to the collection and processing of your personal data as described in our Privacy Policy.

6.2 We are committed to protecting your personal data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users residing in the European Economic Area (EEA).

6.3 For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

7. Third-Party Links and Services

7.1 The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7.2 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Limitation of Liability

8.1 To the fullest extent permitted by applicable law, in no event shall Janice Deerwester, Hadassah Cordoba of Luxe Operandi, their affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8.2 In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Website.

9. Indemnification

You agree to defend, indemnify, and hold harmless Janice Deerwester, Hadassah Cordoba of Luxe Operandi, their affiliates, officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of these Terms.

10. Termination

10.1 We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

10.2 Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of [Your State], without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Delaware, and you consent to the jurisdiction of such courts.

12. Miscellaneous

12.1 These Terms constitute the entire agreement between you, Janice Deerwester, and Hadassah Cordoba of Luxe Operandi regarding the use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

12.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last updated: June 14, 2024