CARPE DIEM TERMS OF SERVICE AND CONDITIONS OF USE
Welcome to carpediemredmond.com (the “Website” or “We”). Please read this page carefully before using the Website. By accessing the Website, you are accepting and agreeing to be bound by these Terms and Conditions (“Terms”) without limitation or qualification.
If you do not wish to accept and be bound by these Terms, please do not use the Website.
We may, at our sole discretion, at any time or from time to time, change, revise, or modify the Terms with or without notice to you, by updating the Terms on the Website, with such changes to apply and become effective immediately upon posting. You agree to be bound by any such change, revision, or modification, and We therefore recommend that you review these Terms periodically to remain current on these Terms.
We may at any time and from time to time modify or discontinue, temporarily or permanently, the Website (or any part or features thereof) with or without notice. Each time you log on to the Website, you will be deemed to have accepted any such changes. You agree that We shall not be liable to you or any third party for any modification, suspension or discontinuance of Website or its services. Any new features or functionality We may add to the Website shall be subject to these Terms unless We explicitly state otherwise.
It is illegal to copy anything on the Website without our express written permission as all content included on the Website is the property of the Website or its content suppliers and is protected by U.S. and International copyright laws. Content includes but is not limited to text, graphics, logos, button icons, images, photographs, audio and video clips, and software. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of the Website and is protected as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements that make up the Website are also protected copyrighted works. You agree to abide by all additional copyright notices or restrictions contained on the Website.
Any reproduction, modification, distribution, transmission, republication, display, database construction or entry, or performance of content on Website is strictly prohibited. The only exception to the above is in the event you submit a written request for and We grant you express written permission to the contrary.
Neither you nor any third party shall use any content of the Website in any way that may infringe upon our rights, including copyright, or that We have not authorized.
3. POSTINGS, COMMENTS and MESSAGES
Anytime you post content (including but not limited to messages, comments, photographs, and videos) on the Website, you are granting the Website a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, change, adapt, publish, translate, distribute, display, and create derivative works from such content globally and for all media. You will also be deemed to grant the Website and any of our sublicensees the right to use whatever name you submit with any of the above content in connection with said content.
4. RELEASE AND INDEMNIFICATION
By using the Website, you agree to defend, indemnify, and hold harmless the Website, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against and all claims and expenses, damages and costs, including reasonable attorneys' and accountants’ fees, arising from your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you agree to provide us with such cooperation as We may reasonably request.
By using the Website, you also agree to release the Website and its affiliates, officers, directors, members, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising from or in any way related to such disputes and/or to the Products, Services, or Activities contained on Website. You hereby waive any and all laws that may limit the efficacy of such releases.
We make no warranties or representations regarding the accuracy, content, completeness, legality, reliability, operability, or availability of information or material on the Website. We disclaim any responsibility for any harm that may result from downloading or accessing any information or material through the Website.
WE PROVIDE THE WEBSITE 'AS IS.' WITHOUT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FOR ANY DELAYS, OMISSIONS, INTERRUPTIONS OR INACCURACIES THAT MAY EXIST IN THE INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING HOW THE WEBSITE WILL FUNCTION OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, OR ACTIVITIES INCLUDED ON THE WEBSITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO WEBSITE OR ANY INFORMATION OR GOODS OR ACTIVITIES OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS WEBSITE OR AVAILABLE THOUGH LINKS IN THIS WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE. WE INTEND TO TAKE REASONABLE EFFORTS TO PREVENT VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS FROM BEING INTRODUCED TO THE WEBSITE, HOWEVER WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM SUSTAINED AS A RESULT OF ANY SUCH FEATURES. IF YOU CHOOSE TO RELY ON THE WEBSITE AND ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. THE WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY WEBSITE OR BY THIRD-PARTIES. DUE TO THE FACT THAT CONTENT IS THE RESULT OF MANY SOURCES, AND THE FACT THAT ELECTRONIC DISTRIBUTION PRESENTS INHERENT HAZARDS, WE CAN NOT BE LIABLE FOR DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, WEBSITE CONTENT IS PROVIDED FOR YOUR PERSONAL ENJOYMENT ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NEITHER ADOPTED NOR ENDORSED BY THE WEBSITE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. YOU AGREE THAT WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR OBTAINABLE FROM SAID SERVICES.
You further acknowledge and agree that the Website is provided for entertainment purposes only and that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
Website and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website (including, without limitation, as a result of breach of any warranty or other term of these Terms). You agree further that any claim you may have against us shall be limited to the amount you paid, if any, for use of the Website.
6. TERMINATION OF SERVICE
We reserve the right at our sole discretion to refuse service, suspend, or terminate your subscription, registration, or access to the Website if We believe that you have breached these Terms, behaved in violation of applicable law, or acted in ways adverse to the interests of the Website. These Terms may be terminated by either party for any reason at any time. Sections 2 through 5 shall survive such termination.
7. APPLICABLE LAW
Website is created and controlled by Carpe Diem Boutique, LLC, in the State of Washington. These Terms, disclaimers, and conditions shall be governed by the laws of the United States and the State of Washington, without regard to any principles of conflict of laws. BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS, conditions and disclaimers, which We are entitled to change at any time.
8. ADDITIONAL MATTERS
These Terms constitute the entire agreement between you and Website and govern your use of the Website. In the event that Website fails to exercise or enforce any right or provision herein contained, such forbearance shall not constitute a waiver of such right or provision. If any portion or provision of these Terms is deemed illegal, void or unenforceable by a court of competent jurisdiction, they shall be stricken and these parties agree to give effect to the remaining Terms to the full extent permissible by law. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or relating to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. All section titles in these Terms are provided for convenience only and shall in no way be construed to impart meaning to or affect the interpretation of these Terms.