TERMS AND CONDITIONS
Effective January 2020
The terms “we”, “us”, and “our” refer to Lia Griffith Media, LLC. (“Company”). These Terms of Service (“Terms of Service”) apply when you visit or use the Company website (shopliagriffith.com), social media channels and related platforms (“Sites”), or use or purchase our products available to purchase in our shop (“Products”). The term “user,” “you” and “your” refers to site visitors and users of the Sites and customers of our Products.
FOR LAWFUL PURPOSES
To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Products.
You may use the Sites and/or Products for lawful purposes only. You agree to use the Sites and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. All prices displayed are in USD ($). For non-US shoppers, the price you will pay will depend on the exchange rate in place on the day of your purchase. It is your responsibility to check this exchange rate.
Order Changes and Cancellations
Unfortunately, we are unable to make changes (including cancellations) to orders after they have been submitted. An item may only be canceled if it is currently backordered. If you would like to cancel a backordered item, please contact us at firstname.lastname@example.org
We can ship anywhere in the United States and certain other countries. Most in-stock items are processed for shipping on the same day of ordering. Some orders may take up to 48 hours to process. Please note that we do not ship on Saturdays, Sundays, or nationally observed US holidays. Orders may be split across multiple shipments, and items ordered together may not be shipped on the same day. Occasionally, items may be out of stock or backordered. You will be alerted in both instances.
Please note, we will not ship products internationally which are designated as “hazardous” under international shipping rules.
When you place an order, we will estimate shipping rates. The calculated rate will show in your checkout cart, prior to purchase. The US shipping rates for our products are flat rate weight-based rates. The shipping rates, to countries outside the USA, are calculated on current USPS Priority Mail International rates based on the weight of the shipment and the location to which it is being shipped.
You can expect US based shipping to take between 3 -5 working days. All international shipments are sent, via USPS Priority Mail International, and should take between 6-10 working days. Should there be any duties or taxes imposed on any shipment, these will have to be paid by you. Free shipping on orders $60 or more is available on US orders only.
Please know we are constantly striving to improve our shipping rates as we grow our business.
If your shipment is within the US, you may return most new, unopened items within 30 days of delivery for a full refund. If you need to return an item, simply contact us at email@example.com. We’ll notify you, via e-mail, of your refund once we’ve received and processed the returned item.
Return shipping will be at your cost. We will pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
Please note, we will not accept any returns on any items shipped outside of the US. All such sales are final.
INTELLECTUAL PROPERTY POLICIES
The Sites and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
Without limiting the generality of the foregoing, you may not:
- include such content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
- copy such content onto your or any other website or publication; or direct any other person to do any of the foregoing.
We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.
NO RESALE OF SITE OR PRODUCT CONTENT
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
PUBLICLY SHARED INFORMATION NOT CONFIDENTIAL
You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting the Company Sites and/or Products.
ERRORS, INACCURACIES, AND OMMISSIONS
Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.
USE OF TESTIMONIALS AND REVIEWS
The Sites and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites and/or Products.
RESULTS NOT GUARANTEED
The Company may share the successful results of the Company, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and/or Products is a promise, warranty or guarantee to you of such results.
THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites, Products and/or Social Media Class Groups, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.
RELATIONSHIP OF THE PARTIES
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products. Furthermore, no professional client relationship is formed between you and Company by your use of the Sites and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.
Any notice or other communication to be given will be in writing and given by registered or certified mail return receipt requested to the physical address or email address noted below for the Company or to the last known physical address or email address associated with your account.
The Terms of Service shall be governed by the laws of the State of California.
If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Tustin, California. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.
If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Lake Oswego, Oregon. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
CHANGES TO TERMS OF SERVICE
We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.
HOW TO CONTACT US
You can us with any questions or comments about the Terms of Service at: firstname.lastname@example.org