Welcome to the Claudia Mae. LLC website, operated by the Claudia Mae, LLC and located at www.claudiamae.com. The following Terms and Conditions govern your use of this Site.
By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
1. Payment. Some products or services on the Site will be available for purchase. By registering for such services from Claudia Mae, LLC or purchasing products or services on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Claudia Mae, LLC does not receive payment for a purchase, or if payment is found to be fraudulent, Claudia Mae, LLC may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services, including sales, use or excise taxes (excluding only taxes on Claudia Mae, LLC’s net income). To the extent that Claudia Mae, LLC is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales on Claudia Mae, LLC’s website are final. For any refund requests, please email firstname.lastname@example.org.Claudia Mae, LLC has the right to make decisions regarding refunds on a case-by-case basis, and Claudia Mae, LLC will refund such purchases with credits toward future purchases on the Site.
2. Proprietary Rights. Unless Claudia Mae, LLC explicitly states otherwise Claudia Mae, LLC owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user and Claudia Mae, LLC, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Claudia Mae, LLC. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Privacy Statement. Please be advised that the confidentiality of any communication or material transmitted to Claudia Mae, LLC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
5. Disclaimer. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Claudia Mae, LLC is not responsible for any errors or omissions in the Site or Site Materials. Claudia Mae, LLC reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. Claudia Mae, LLC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
This site, the materials, user content, services, products, information, and other materials on, in, and made available through the site are made available "as is" and "with all faults". Use of the site is entirely at your own risk. Claudia Mae, LLC makes no representations or warranties, and disclaim all representations and warranties, with respect to the site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness of a particular purpose, accuracy, systems integration, non-interference, quality, title, and non infringement. The entire risk as to satisfactory quality, performance, accuracy, completeness, and effort with regard to any and all user content, the site, the site materials, services, products, data, and other materials on, in, and made available through the site, is with you.
6. Limitation of Liability. Claudia Mae, LLC shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the site, regardless of legal theory, whether or not you or Claudia Mae, LLC had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Claudia Mae, LLC to you or any other person or entity in connection with, based upon, or arising from the site, user content, the site materials on, in, and made available through the site, or the services, products, data, or materials offered in connection therewith exceed the price paid by you during the preceding year for use of the site and the services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Claudia Mae, LLC shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms, or feel Claudia Mae, LLC has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
7. Indemnification. You shall indemnify Claudia Mae, LLC against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, any violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to Claudia Mae, LLC, or any breach by you of these Terms and shall indemnify and hold Claudia Mae, LLC Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Claudia Mae, LLC. Claudia Mae, LLC or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Claudia Mae, LLC does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Claudia Mae, LLC, subject to the right of Claudia Mae, LLC to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
8. Changes to these Terms; Termination. Claudia Mae, LLC reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Claudia Mae, LLC may suspend or terminate your account and/or your ability to use the Site, or any products or services on the Site, or may refuse to provide or sell any of our products or services to you for failure to comply with these Terms, for providing Claudia Mae, LLC with untrue or inaccurate information about yourself, for infringement upon Claudia Mae, LLC proprietary rights, or for any other reason whatsoever or for no reason.
9. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Claudia Mae, LLC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Illinois, United States; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
10. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, Claudia Mae, LLC makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Claudia Mae, LLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.