1. The Agreement.
1.1 Acceptance. Please read the Agreement carefully before accessing the Website. In order to use the Website, you must first agree to be bound by the terms and conditions of the Agreement. By accessing the Website, Visitors indicate that they have read, understood and agree to be bound by the terms and conditions set forth in the Agreement. Registrants indicate that they have read, understood and agree to be bound by the terms and conditions set forth in the Agreement by means of a click-through consent, as available. If you do not agree to be bound by the Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (i) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with analili, or (ii) you are a person barred from using the Website either (a) under the laws of the country in which you are resident or from which you are attempting to access the Website, or (b) due to prior violations of the Agreement.
1.2 Modification. We reserve the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified version of the Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning or end of the Agreement. If you do not agree to abide by any modified version of the Agreement, then you are not authorized to use the Website.
2.1 Profile; Password. You will only be able to use certain functionality of the Website if you register with us. If you decide to register with us, you will be able to create a user ID (your e-mail) and password (“Profile”) to access your registrant account ("Account"). Registrants agree not to allow any third party to use their Profile or Account to access the Website and to keep their Profile private. Registrants also agree that they are fully responsible for all activities that occur under their Account, including without limitation their failure to safeguard information and/or to permit any other person to access or use the Website using their Account. No part of a Profile or Account may be transferred to another party. Registrants who set-up an Account agree to notify analili immediately of any unauthorized use of their Profile, Account or otherwise of the Website. You agree that analili shall not be liable for any loss that results from the unauthorized use of any Profile or Account, either with or without a Registrant’s knowledge.
2.2 Accurate Information. You agree to provide us with accurate, complete and current information about yourself, and to update all information provided to us if and when such information should change.
2.3 Disabling or Revocation of Account. We have the right to cancel your registration for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing the Website, your Account details and/or any files or other various materials, including without limitation all Content (as hereinafter defined) which is contained in, submitted by or accessible through your Account, all of which may be deleted by us.
2.4 Cessation of Services. The form and nature of the products or services offered through the Website may change from time to time without prior notice to you. analili may stop (permanently or temporarily) providing certain Website features to you in analili’s sole discretion, without prior notice to you.
3.1 Products. Our products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by analili or an authorized third party on analili’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of any product.
3.2 Payments. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to cancel your order and/or suspend or terminate your account. You shall be responsible for all charges made under your Account.
3.3 Taxes. You shall be responsible for paying all applicable taxes arising out of any purchase made under your Account or otherwise made by you.
3.4 Shipping. Please review our shipping rates by Clicking Here
3.5 Product Descriptions. We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant or represent that all such descriptions are complete, current or error-free. If you purchase one of our products with inaccurate pricing, we can refuse to sell the product with inaccurate pricing if it represents extreme loss to our company. If a product was not accurately described or depicted on the Website, your sole remedy shall be to return such unused product to us within (14) days of your receipt thereof for a full refund (excluding return shipping costs).
3.6 Returns. If you have purchased a product offered through the Website that you wish to return to us, you must adhere to our Return Policy. To review our Return Policy, please Click Here
Your only remedy for failures, delays or interruptions with respect to the ordering of and delivery of products or services ordered by you through the Website is limited to a refund for such products or services, if we determine in our sole discretion that a refund is warranted. All products ordered through the Website are acquired by you “AS IS” and “WHERE IS”.
4.1 Content. The Website contains various materials, including without limitation all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content (collectively, "Content").
5. Intellectual Property.
5.1 Copyright. Various of the Content contained on the Website is protected by the copyright laws of the United States and/or other jurisdictions. You acknowledge and agree that (i) as between you and analili, all right and title to all Content belongs to analili; and (ii) except for that information which is in the public domain or for which you have been given express written permission by analili, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of analili or, where applicable, our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein.
5.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Website are analili’s trademarks or those of our licensors, sponsors, suppliers or other third parties as indicated (collectively, the "Trademarks") and are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without but not limited to distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by analili or the appropriate third party, you agree that you will not use any Trademark of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademark.
5.3 Removal of Notices. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices.
5.4 Name, Image, and Likeness. In the event that you post any photograph and/or other image of a person to the Website, you represent and warrant that you have the exclusive and irrevocable right to exploit, and to permit others to exploit, the name, image and likeness of such person, and you hereby transfers all such rights to analili to use such photograph and/or other image, however reproduced or depicted, in analili’s sole discretion and free and clear of any obligation of compensation to you.
6. Usage Restrictions. You agree not use the Website in any manner that:
(a) is designed to interrupt, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses or any other computer code, files or programs)
(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;
(c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(e) links to materials or other content, directly or indirectly, to which you do not have a right to link;
(f) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by analili in its sole discretion;
(g) violates, or encourages anyone to violate, this Agreement; or
(h) violates, or encourages anyone to violate, any applicable local, state, national, or international law. You further shall not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Website or any portion thereof, unless such activity is expressly permitted required by law, or unless you have been specifically granted such right in writing by analili.
7. Links; Third Party Websites. The Website provides links to third party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of the Agreement. You understand that by using any third party website linked to from the Website, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable.
8. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS “AS IS” AND “AS AVAILABLE”, AND AT YOUR SOLE RISK. analili SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE. analili FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY USE OF THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY CONTENT APPEARING ON THE WEBSITE. SPECIFICALLY, analili DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY CONTENT, AND (II) ALL WARRANTIES NOT EXPRESSLY GRANTED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL analili BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH ANY THIRD PARTY WEBSITE, WHETHER LINKED TO FROM THE WEBSITE OR OTHERWISE, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY (A) PRODUCT OR SERVICE, OR (B) CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT. ALL PRODUCTS ORDERED THROUGH THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS. YOUR SOLE RECOURSE FOR ANY PRODUCTS THAT YOU PURCHASED THROUGH THE WEBSITE AND WISH TO RETURN IS TO ADHERE TO THE TERMS OF OUR RETURN POLICY. IN THE EVENT THAT YOU PURCHASED A PRODUCT THROUGH THE WEBSITE THAT WAS NOT ACCURATELY DESCRIBED ON THE WEBSITE, OR IF WE MADE AN ERROR IN FULFILLING YOUR ORDER (E.G., WRONG SIZE OR COLOR), THEN YOUR SOLE REMEDY SHALL BE TO RETURN SUCH UNUSED PRODUCT TO US WITHIN FOURTEEN (14) DAYS OF YOUR RECEIPT THEREOF FOR A FULL REFUND.
9. LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL analili NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS OR REPRESENTATIVES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (I) THE WEBSITE (INCLUDING WITHOUT LIMITATION OTHER CONTENT APPEARING THEREON), OR (II) ANY THIRD PARTY WEBSITE, WHETHER OR NOT analili HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF analili AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS AND REPRESENTATIVES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
10. Representations and Warranties. You represent and warrant that (i) you will abide by the terms of this Agreement.
11. Indemnity. You agree to indemnify, defend and hold harmless analili and all of its shareholders, directors, officers, licensors, agents, employees, consultants and representatives harmless from all claims, demands, actions or damages (actual and consequential, direct and indirect) of every kind and nature, including without limitation reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Agreement, or your violation of any law or the rights of a third party; provided, however, that you shall not enter into any litigation or settlement (or any other disposition of such claim or action) without the prior written consent of analili. You agree that analili shall have the right and authority to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations thereto, and you agree to fully cooperate with analili in the defense of any such claim or action (and all negotiations thereto) as requested by analili from time to time.
13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and analili by the Agreement.
14. Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Analili, Attn: Customer service for analili.com, 13011 SW 132nd Street, Miami, Fl 33186. Notice shall be deemed given three (3) days after the date of such mailing.
15. Governing Law; Jurisdiction. You acknowledge and agree that the Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, excluding conflict of laws provisions thereof. You hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of Miami-Dade, State of Florida, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
16. Timely Filing of Claims. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE, OR THE USE OF THIS WEBSITE, MUST BE FILED BY YOU PURSUANT TO SECTION 15 ABOVE WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
17. Assignment. You agree not to resell or assign your rights, duties or obligations under the Agreement and that any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by analili, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the personal information we have collected from you may be one of the assets transferred. The Agreement may be automatically assigned by analili, in its sole discretion, to a third party.
18. General. If any provision of the Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Agreement and any ancillary terms and conditions referenced herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of the Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
19. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com
or write to us at Analili, Attn: Customer service online, 13011 SW 132nd Street, Miami, Fl 33186.
Last Update: June 2012