TERMS OF USE

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DIANA LA MERE TERMS OF USE

Your Use of our Website constitutes your agreement to adhere to and be bound by the following Terms and Conditions.

General

Please review the following terms and conditions (“Terms of Use”) and our other policies that govern your visit to dianalamere.com (the or our “Website”). Your Use of our Website constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. Diana La Mere reserves the right, at any time, to modify, alter or update our Website, policies and these Terms of Use. By continuing to use our Website after we post any such changes, you will be deemed to have accepted any and all such changes.

Site Contents

Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website (collectively, “Contents”) embody, use and/or display copyrighted works, trademarks, trade dress or other intellectual property owned, controlled or licensed by Diana La Mere or its subsidiaries and affiliates. Any use of the Contents without Diana La Mere’s express written consent is strictly prohibited. The trademark and service mark DIANA LA MERE, the dianalamere.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of Diana La Mere in the United States and other countries.


Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Diana La Mere using this Website or otherwise (collectively, “Comments”) are not confidential and will become and remain Diana La Mere's property. The disclosure, submission or offer of any Comments will constitute an assignment to Diana La Mere of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Website. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.


Links to Other Websites and Services

The Website may include links to other Internet sites maintained by third parties (“Linked Websites”). Diana La Mere provides Linked Websites to you solely as a convenience, and the inclusion of Linked Websites does not imply endorsement by Diana La Mere of the Linked Websites. You access Linked Websites at your own risk, and by accessing them you leave the Diana La Mere Website. Linked Websites are not under the control of Diana La Mere, and Diana La Mere is not responsible for the contents of any Linked Website.


Privacy and Terms of Use

Your use of this Website is governed by the Diana La Mere Privacy Policy (“Privacy Policy”). Diana La Mere reserves the right to change the Privacy Policy at any time, at its sole discretion. For additional information, please see the Privacy Policy.


Services Acceptance and Billing

Services are subject to verification and acceptance before work is started. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your services. Prior to accepting an agreement, Diana La Mere reserves the right to request additional information from you to verify your identity and validate the billing information to process your services order.

We reserve the right to refuse or cancel a service order for any reason, including limitations on physical availability, inaccuracies, or errors in service order or pricing information, or problems identified by our credit and fraud prevention department. If your service order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your service order is canceled or if additional information is required to accept your order. Diana La Mere may request a pre-authorization for some service orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the purchase process, you agree to accept and pay for the service item(s). Your method of payment will be charged at the time your service order is placed.

Diana La Mere reserves the right to deny any order for any reason, including, but not limited to, the following situations:

Error in Billing, Payment or Billing Information: Some service orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
· an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
· incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
· an insufficient or incorrect billing address (including street address, city, state, zip or postal code);
· or any suspected fraudulent information.

Previous Fraudulent Service Order History: Diana La Mere may refuse to accept any service order if fraudulent activity is suspected and may refuse to process subsequent orders from clients with a previous fraudulent order history. We also may refuse any service orders connected with a previous credit card dispute.

If Diana La Mere rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your service order once the information in the order is validated. If we do not receive a response from you within five days, Diana La Mere may cancel the order.


Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. DIANA LA MERE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIANA LA MERE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH DIANA LA MERE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DIANA LA MERE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. DIANA LA MERE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DIANA LA MERE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIANA LA MERE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.


Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Diana La Mere. If in Diana La Mere's sole discretion you fail to comply with any term or provision of this agreement, Diana La Mere may deny you access to the Website. In the event of denial of access by Diana La Mere, you are no longer authorized to access the Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Diana La Mere relating to the subject matter addressed herein.
 

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use, using or related to the Website, shall be the laws of the State of New York, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York. All proceedings relating to the Website, these Terms of Use, or any service transaction, using this Website, shall be brought only in the state or federal courts of New York County, New York, New York, USA, and you and Diana La Mere do hereby consent to the jurisdiction and venue of such courts.