Terms Of Service
Agreement between Lizkela and our Customers
Lizkela Website is offered to you the condition of your acceptance without modification of our terms, conditions, and notices contained herein. Your use of the Lizkela Website constitutes your agreement to all such terms, conditions, and notices. The use of Lizkela Website may be subject to additional terms outlined elsewhere on that Website (the "Additional Terms"). Furthermore, Lizkela Website may contain information that govern particular features or offers (E.G, chat, promotions). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Lizkela Website, then these terms shall control.
PLEASE CONTINUE TO READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS Website (this "Site"). By accessing or using our Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
Personal and non-commercial use limitation
Unless otherwise specified, the Lizkela Website are for your personal and noncommercial use. You may not modify, replicate, distribute, , display, perform, reproduce, publish, transmit, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Lizkela Website.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Lizkela or to purchase Lizkela products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Lizkela is strictly prohibited.
Harassment
Harassment in any manner or form on the Site or social Media sites, including via e-mail, social media messaging or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Lizkela employee, customer, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Claims
Each claim or statement about the effectiveness of Lizkela products and/or each claim or statement comparing the effectiveness of Lizkela products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Disclaimer, Limitation of Liability and Indemnity
Except as otherwise explicitly provided, this site, all contents and all products and services are provided on an 'as is' basis. Lizkela disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Lizkela does not guarantee that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Lizkela will endeavor to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of the site is at your own risk. Neither Lizkela nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. Lizkela is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of lizkela’s terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend and hold harmless Lizkela, its officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these terms of use.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by Lizkela. If in Lizkela's sole discretion you fail to comply with any term or provision of this agreement, Lizkela may deny you access to the Site. In the event of denial of access by Lizkela, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Lizkela relating to the subject matter addressed herein.
Disputes
Our Customer Service Specialists are ready to assist you and address your concerns—email Orders@Lizkela.com. If you have any questions or concerns regarding how Lizkela manages, accesses or uses your personal information email us at privacy@lizkela.com
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Lizkela through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery and the right to certain remedies and forms of relief. Other rights that you or Lizkela would have in court also may not be available IN ARBITRATION.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of VIRGINIA, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of VIRGINIA.
Copyrights and trademarks
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lizkela. The collective work includes works that are licensed to Lizkela. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Lizkela, or other respective owners that have granted Lizkela the right and license to use such Marks.
Typographical errors
In the event a Lizkela product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Lizkela shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Lizkela shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lizkela shall issue a credit to your credit card account in the amount of the incorrect price.
User participation
Lizkela does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Lizkela is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Lizkela reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Lizkela at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Lizkela in accordance with Lizkela's Privacy Policy.
Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Lizkela using this Site or otherwise (collectively, 'Comments') are not confidential and will become and remain Lizkela's property. The disclosure, submission or offer of any Comments will constitute an assignment to Lizkela of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). Lizkela provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Lizkela of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Lizkela Site. Linked Sites are not under the control of Lizkela and Lizkela is not responsible for the contents of any Linked Site.
Site Policies, Modification and Severability. Please review our other policies posted on this Site. These policies also govern your use of Lizkela services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This Policy is effective September 05, 2018.