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Terms and Condition

By visiting and using EmbracingNelle.comyou accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. 

 

The term “you” refers to anyone who uses, visits and/or views the website. EmbracingNellereserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates. Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

 

AGE AND UNITED STATES USE ONLY 

All information and content on this website is intended for individuals over the age of 18 that reside in the United States. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.

 

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

 

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer  for more information. 

 

MANDATORY ARBITRATION AND GOVERNING LAW 

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Florida  and United States. 

 

You agree to consent and submit to the jurisdiction of the state and federal courts located in Florida  without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. 

 

You agree to resolve any disputes or claims first through mandatory arbitration in the state of Florida  and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action. 

 

INTELLECTUAL PROPERTY 

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us (EmbracingNelle) and is protected by copyright, trademark and other intellectual property and unfair competition laws.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

 

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions. 

 

USER CONTENT AND LAWFUL USE OF THE WEBSITE 

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. 

 

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

 

You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is- 

(a) illegal, violates or infringes upon the rights of others, 

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, 

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, 

(e) any attempts to gain unauthorized access to any portion or feature of the website, and 

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions. 

 

THIRD PARTY LINKS

The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websitesby offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources. 

 

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice. 

 

CONTACT

For any questions, please contact us at nelle27@embracingnelle.com