User’s Acknowledgment and Acceptance of Terms
BY ACCESSING OUR SITE YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. ALL USERS WHO ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN IN ORDER TO USE THIS SITE. IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN MUST READ
DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US
IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
Description of Services
You understand and agree that Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, technical difficulties and failure to store any user communications or personalization settings. You understand and acknowledge that no results are guaranteed as a result of using our services. By using our site or services, you hereby agree and acknowledge that we shall, in no way, be liable for any damages in any amount or form for services.
Registration Data and Privacy
In order to access Services on this Site, you may be required to create an account by completing our online registration form, which requests certain information and data (“Registration Data”). You are solely responsible for maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Payment of Fees
By using our Services you agree to pay all fees associated with such Services. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, telephone number, and to provide us with any changes in such information within ten (10) days of the change, or risk your access being suspended. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
We may offer subscription services, and you agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Conduct on Site
Your use of the Site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room or message board, that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account, use of the Site or membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Information
This Site may link you to other Sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These Sites may contain information or material that some people may find inappropriate or offensive. These other Sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Copyright © 2022 Dolce Vita, LLC. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes our copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed’
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Care of: Haile Ghebremichael
9310 Forest Ln, Ste 362
Dallas, Texas 75243
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES
WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
WE FURTHER DISCLAIM ANY LIABILITY THAT OCCURS AS A RESULT OF ANY FAILURE OF SOFTWARE, SERVICES, ECOMMERCE PLATFORMS OR PACKAGED GOODS. BY USING OUR SITE, YOU AGREE THAT WE DISCLAIM ANY FINANCIAL
LOSS YOU MAY EXPERIENCE AS A RESULT OF USING OUR SITE OR ANY LOSSES
AS A RESULT OF YOUR INTERACTION WITH OTHER USERS.
NOTHING IN THESE TERMS AND CONDITIONS SHOULD BE CONSTRUED AS
FINANCIAL ADVICE OR LEGAL ADVICE. WE DISCLAIM ANY LIABILITY AS A
RESULT OF MISINTERPRETATION OF THESE TERMS AND CONDITIONS.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD
PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Dolce Vita, LLC or our affiliates. We do not endorse, nor are we responsible for the accuracy of any statements made other than by Dolce Vita, LLC spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, PROPERTY DAMAGE, PERSONAL INJURY, OR PRODUCT LIABILITY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR
LINKED TO FROM THIS SITE OR ANY SERVICES ADVERTISED ON THIS SITE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO RELEASE OUR COMPANY AND AFFILIATES FROM ANY CLAIMS, ACTIONS, DEMANDS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ANY DAMAGES OF ANY KIND WHATSOEVER (“CLAIMS”), ARISING OUT OF OR RELATED TO ANY INTERACTION WITH OTHER SITE USERS OR IN CONNECTION WITH SOFTWARE, SERVICES, ECOMMERCE PLATFORMS AND PACKAGED GOODS IN ANY WAY WHATSOEVER. YOU ACKNOWLEDGE THAT AMILY’S SERVICES ARE NOT GUARANTEED TO CAUSE ANY POSITIVE CHANGE OR ANY OUTCOME WHATSOEVER IN FUNDRAISING CAPABILITY OR RESULTS, AND YOU KNOWINGLY CHOOSE TO CONTINUE USAGE OF THESE SERVICES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE, OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of Services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Products or Services available on or through this Site are subject to United States Export Controls. No product or Service from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of
Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this Site is void where prohibited.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
This Site (excluding any linked Sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Site, both of us agree that the statutes and laws of the State of Texas, without regard to the choice or conflict of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of a court of competent jurisdiction in Bexar County with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Except as explicitly noted on this Site, Services available through this Site are offered by
Dolce Vita, a Texas LLC, located at 9310 Forest Ln, Ste 362 Dallas, Texas 75243. If you are a Texas resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Department of Consumer Affairs may be contacted in writing at Consumer Protection | Office of the Attorney General (texasattorneygeneral.gov), or by telephone at 1-800-621-0508