Alicia’s Homemade®, LLC
TERMS OF SERVICE
Hello and welcome to Alicia’s Homemade®! We will use a few terms in these Terms:
· “Terms”: these Terms of Service, which are a legally binding agreement that governs your access to our Services
· “Alicia’s Homemade®”, “we”, “us” or “our”: Alicia’s Homemade®, LLC
· “you” or “your”: you
· “Site”: www.aliciashomemade.com and its subdomains
· “Services”: any software or services we make available to you, including the Site
· “Content”: text content, notifications, emails, videos, images and audio or any combination thereof
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING OUR SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT, IF ANY, ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT, IF APPLICABLE. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE our services, including our siTE.
THESE TERMS contain an Agreement to Arbitrate, which (i) requires that you and alicia’s homemade, llc arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and (ii) limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see SECTION 23).
1. Acceptance of Terms.
These Terms are a legal agreement between you (together with the business entity, if any, that you represent) and Alicia’s Homemade, establishing terms and conditions under which you access and use our Services. The date you first agree to or accept these Terms, or that you otherwise first access and use our Services following the date these Terms are first made available on the Site, is the “Effective Date.”
PLEASE REVIEW THESE TERMS BEFORE USING ALICIA’S HOMEMADE, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT WWW.ALICIASHOMEMADE.COM/TERMS. BY USING OUR SERVICES, INCLUDING OUR SITE, YOU REPRESENT TO US THAT YOU ARE AT LEAST 13 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
Alicia’s Homemade® reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms.
2. Scope of Services.
We may alter, suspend or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer or mobile device with Internet access that can access our Site, as may be available from time to time.
When using our Services your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
a. Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.
4. Login Credentials; Social Services.
In order to use some of our Services, you may be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you shall give truthful information (such as name and email address). You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on Alicia’s Homemade.
5. Our Services.
Information. Our Site may contain information about Alicia’s Homemade®, our products, services and events as we publish such information from time to time.
Sales. We may make our products available for purchase through our Site from time to time.
Acknowledgement to Receive Email and Push Notifications. As a registered user of our Services, you agree to receive emails from us regarding our Services and about your use of our Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to any requirements that communications be made in writing. You may opt out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable correspondence.
b. Refunds. Except as may be set forth on our Site from time to time, we have no obligation to provide refunds or credits.
7. User Content
Alicia’s Homemade® does not claim any ownership rights in the Content posted to our Services (collectively, “User Content”). You represent and warrant to us that you own the User Content posted by you or that you otherwise have sufficient right, title and interest in and to such User Content to grant us the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content posted by you.
After posting User Content to our Services you continue to retain such responsibility for and rights in such User Content as you held prior to posting such User Content on our Services, except that you waive all moral rights in such User Content. By posting any User Content to our Services, you hereby grant to us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange and distribute your User Content for any purpose through any manner, mode of delivery or media now known or developed in the future (e.g., including without limitation to anonymize or re-purpose such Content). We have no obligation to use, or to continue to use, any User Content. You retain sole authorship responsibility for any User Content you post to our Services regardless of whether we modify your User Content (including if we anonymize such content)
8. Alicia’s Homemade® Content.
a. Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use the Alicia’s Homemade® Content, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Alicia’s Homemade® Content set forth in these Terms. “Alicia’s Homemade® Content” means all Content (i) that is publicly available or (ii) that we permit you to access, whether created by us or provided by a third party for display through our Services. All Alicia’s Homemade® Content contained on our Services is the copyrighted property of Alicia’s Homemade®, its affiliated companies and/or its third party licensors. All trademarks, service marks and trade names are proprietary to Alicia’s Homemade, its affiliated companies and/or its third party licensors. Except as expressly authorized by us, you shall not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Alicia’s Homemade® Content.
b. You understand that you use Alicia’s Homemade® Content at your own risk. We may make changes to Alicia’s Homemade® Content, descriptions or specifications of our Services, or other information, without any obligation to issue notice of such changes.
c. Nothing contained on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use our Services or any Alicia’s Homemade® Content through the use of framing or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on Alicia’s Homemade.
d. Any use of Alicia’s Homemade’s® trademarks, branding, logos or any other such assets requires the express written permission of Alicia’s Homemade®. To inquire about using these assets, contact us at firstname.lastname@example.org.
9. Prohibited Conduct.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the below reasons or for any other reason, and if we do so, we may terminate your access to our Services.
10. Intellectual Property Rights.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) alter, enhance or make derivative works of our Services or any Content available through the foregoing or (ii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Alicia’s Homemade® Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your posting of any User Content, (ii) your use of our Services and/or (iii) any user or other third party’s use of any User Content that you post to our Services. At our option, you agree to defend us from any such Claims.
12. Copyright Infringement; DMCA Policy.
If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (ii) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Site or location in our App or other pertinent information that will help us to locate the material; (iii) your name, address, telephone number and email address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in your claim is accurate; and (vi) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Please contact email@example.com for copyright issues relating to our Services is. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
13. Third Party Sites.
Our Services may contain links to third party sites, which are independent of us and not under our control. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Alicia’s Homemade® Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
15. Limitation of Liability.
(a) Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
(c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Release from Liability
You release, to the fullest extent permitted by law, Alicia’s Homemade®, its directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among users; (ii) third party sites and services, including without limitation content found on such sites and services; and (iii) claims relating to the unauthorized access to any data communications or User Content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.
You hereby waive applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
17. California Users.
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
18. Non-US Users.
19. Modifying and Terminating Service.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at your registered email address or Social Networking service. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 3(b), 6, 7, 8, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25.
20. Unsolicited Ideas and Feedback.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
We may provide you notice to the email address you provide to Alicia’s Homemade® during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.
22. Governing Law; Dispute Resolution.
These Terms, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 23 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in Suffolk County, Massachusetts or a federal court located in Suffolk County, Massachusetts, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
23. Agreement to Arbitrate; Waiver of Class Action.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Alicia’s Homemade account to which the opt out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Alicia’s Homemade®, LLC
12 Aitchison Street, Worcester, MA 01604
ATTN: Arbitration Opt-out
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 19, this Agreement to Arbitrate will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Alicia’s Homemade to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25. Minors. Our Services are not for persons under the age of 13. If you are under 13 years of age, please do not use our Services.
26. For Additional Information. If you have any questions about these Terms, please contact us at: 12 Aitchison Street, Worcester, MA 01604, USA or via firstname.lastname@example.org.
Copyright © 2016, Alicia’s Homemade®, LLC, All Rights Reserved.
Updated: November, 2018