Thank you for your interest in the Mercedescastillo.com website (the “MC Website”). These terms and conditions (the “Terms”) govern your use of the MC Website, except when noted otherwise, and any related services, content, information, and products (collectively, the “Site”). Please read these Terms carefully. Your use of the Site evidences your consent to be bound by these Terms. If you do not consent to these Terms, you should not access or use the Site. You are encouraged to view these Terms whenever you use our Site as we reserve the right to make changes to the Site and our Terms from time to time and by visiting or using the Site, you also consent to accept any of these changes.
INTELLECTUAL PROPERTY RIGHTS
The MERCEDES CASTILLO trademark, the logo, all images, graphics, content, descriptions, and materials on the Site belong exclusively to Mercedes Castillo, LLC. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site is maintained and operated from the United States, and all information is processed within the United States. The Site and the materials on the Site are not necessarily available for use in other locations.
The prices on the Site are listed in United States Dollars and do not include applicable taxes. We have made every effort to accurately display and describe our products on the Site, however, the colors of the products depend upon the device used to access the Site. As such, we cannot guarantee that colors displayed on the Site accurately portray the actual color of the products. Products displayed may be out of stock or discontinued, and prices are subject to change and we reserve the right to cancel or adjust any orders of such products. We will not be responsible for typographical errors regarding prices or any other typographical errors on the Site.
DISCLAIMER; LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
NEW JERSEY RESIDENTS
No provisions in these Terms should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility to our consumers. All provisions of these Terms, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations of our liability exceed the limits allowable under the laws of the State of New Jersey.
You assume all responsibility and risk with respect to your use and access of the Site, which is provided “AS IS.” We make no warranties of any kind regarding any website to which you may be directed or hyperlinked from this Site.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
APPLICABLE LAW; DISPUTES
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. You agree not to raise a forum non conveniens defense. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION, YOU WAIVE YOUR RIGHT TO A COURT ACTION OR A CLASS ACTION.
These Terms constitute the entire agreement, and supersede any prior agreements, between us and govern your use of the Site. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Any claim or cause of action you may have with respect to us or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
The Terms inure to the benefit of our successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
MERCEDES CASTILLO respects the intellectual property rights of others. It is often difficult to determine if your intellectual property rights have been violated and as a result, we may need additional information before we take action. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MERCEDES CASTILLO’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: CAMUTO CASTILLO LLC
411 West Putnam Avenue
Greenwich, CT 06830
Attn: Legal Department
By Email: Legal@camutogroup.com
Please note that this procedure is exclusively for notifying MERCEDES CASTILLO that you believe your copyrighted material has been infringed. All other inquiries or product related questions will not receive a response.
Last Updated July 11, 2017