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These terms and conditions constitute a legally binding agreement between you and Maya Fasthoff®, and govern your use of the Maya Fasthoff® website (the “Site”), regardless of the device upon which, or media format in which, the Site is rendered, accessed or used.
DO NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER: PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Your visitation, registration for an account, access and/or use of the Site constitutes your acceptance of this Agreement (as defined below). You agree that Maya Fasthoff® may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the Site, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
By accessing or otherwise using the Site, you agree to do business with Maya Fasthoff® electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Site and all other goods and services provided via the Site; and (ii) your access or other use of the Site legally binds you to this Agreement.
"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or the like that can be used by or on behalf of Maya Fasthoff® to identify a specific person. It does not include information that is anonymized, encoded, aggregated, or publicly available information that has not been combined with non-public personal information.
“Person” means (except with respect to “Personally identifiable information”) a natural person, entity, association or organization, unless otherwise specified.
“User” or “you” or "your" refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Site in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods or services offered on this Site.
You agree keep to your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this Site or over the Internet, whether sent via email, via a form on the Site, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
You agree to take reasonable steps to prevent unauthorized access to the Site, including by protecting your passwords and other log-in information. You will notify Maya Fasthoff® immediately if you know of or suspect unauthorized use of the Site or breach of its security.
In using the Site, you will comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your Content.
You are responsible and liable for: (a) your use of the Site, including unauthorized conduct and conduct that would violate the Authorized Use Policy (“AUP”) or the requirements of this Agreement; and (b) any use of the Site through your account or passwords, whether authorized or not.
You represent and warrant that you own your Content and that submitting or transmitting your Content to or through the Site will not violate the rights of any third party, including intellectual property, privacy or publicity rights. Maya Fasthoff® is under no obligation to review or screen your or other Site users’ Content. If you believe that another user has violated any of your intellectual property rights, you may initiate the procedures outlined in the Maya Fasthoff® policy concerning claims that Content accessed through the Site infringes intellectual property rights as set forth below.
YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SITE, YOU ASSUME THESE RISKS.
Maya Fasthoff® disclaims all liability for the accuracy of any Content submitted to or transmitted through the Site by you or another user, including without limitation your Content.
You will not: (a) provide Site passwords or other log-in information to any third party; (b) share non-public Site features or Content with any third party; or (c) access the Site in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Site, or to copy any ideas, features, functions or graphics of the Site. If Maya Fasthoff® suspects that you have violated the requirements of this Agreement Maya Fasthoff® may suspend or terminate your access to the Site without notice, in addition to all other remedies Maya Fasthoff® may have. Maya Fasthoff® is not obligated to take any action against you or any other Site user or other third party for violating this Agreement, but Maya Fasthoff® is free to take any such action it sees fit.
Maya Fasthoff® reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
You may not use or otherwise export or re-export the Site and/or its content, except as authorized by United States law. The Site and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
Maya Fasthoff® grants to you, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive, terminable-at-will license to use the software, content and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring and using the Site in real time in a manner consistent with the terms of the Agreement.
Unauthorized duplication or attempt to revise, adapt, modify, decompile or reverse engineer the Site, in whole or in part, or of any plans, designs, specifications, data or content made available from the Site (except as expressly authorized herein), is a violation of the U.S. Copyright Act of 1976.
Unless otherwise stated, Maya Fasthoff® is the sole and exclusive owner of the copyright interests in and to the Site, and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, jewelry designs, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States law and international treaties. You may display and download portions of the Site solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Site. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on the Site is strictly prohibited by law. Maya Fasthoff® is the sole and exclusive owner of all copyright interests in and to its jewelry designs.
MAYA FASTHOFF® and the MAYA FASTHOFF® & Design are trademarks, trade names, or service marks of Maya Fasthoff® (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the prior written consent of an authorized representative of Maya Fasthoff® All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent: Henry “Hank” J. Fasthoff, IV Fasthoff Law Firm PLLC 21 Waterway Ave., Suite 300 The Woodlands, Texas 77380 hank @ fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Maya Fasthoff® values and encourages feedback. Pursuant to the Maya Fasthoff® policy, however, we do not accept or consider creative ideas, suggestions, or materials. If you choose to send any creative submissions to us, whether at Maya Fasthoff’s® request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to Maya Fasthoff® any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. Maya Fasthoff® shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Site, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Site; and (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Maya Fasthoff® has the right to terminate your account and refuse any and all current or future use of the Site.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate termination of your account and access, and immediate cancellation of any orders, goods, and services offered hereunder.
You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not, and does not, apply to this Agreement.
All uses of the Site, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for (i) conflicts of laws principles, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended, or (iii) other international laws. All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Site, shall be submitted to and resolved by binding arbitration in Montgomery County, Texas, and any award shall be confirmed exclusively in the courts situated in Montgomery County, Texas or the Southern District of Texas, Houston Division. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Montgomery County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
ACCESS TO AND USE OF THIS SITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT FASTHOFF LLC AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY GOODS OR SERVICES, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THE SITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. THE LIMITED PARTIES’ MAXIMUM LIABILITY IS EQUAL TO THE AMOUNT YOU PAID FOR ACCESS AND USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
IN NO EVENT WILL MAYA FASTHOFF® BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. MAYA FASTHOFF® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, GOODS OR SERVICES CONTAINED ON, ARISING OUT OF OR RELATED TO THE SITE. MAYA FASTHOFF® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In the event of any conflict between these Terms & Conditions and any Maya Fasthoff® policy posted online, the terms of these Terms & Conditions shall govern.
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter, all of which are merged herein. Neither party has relied upon any such prior or contemporaneous communications.