Website Terms of Use

Last Updated: 1/28/2019

By accessing or using this website and any website owned or operated by Margot Elena (collectively, the “Site”), you agree to be bound by these terms and conditions (the “Terms and Conditions”). Your use of the Site and software or services offered through the Site (referred to collectively as the “Services”) is subject to these Terms and Conditions and form a binding agreement between you and us. Please review the following terms carefully. Each time you access the Site or use the Services, you are agreeing to be bound by these terms. Our Privacy Policy, available at https://margotelena.com/pages/privacy-security, is incorporated into these Terms and Conditions and together may be referred to as the “Agreement”.

If you do not agree to all of these terms, you may not access the Site or Services and you must cease access to the Site and Services immediately.

Changes to this Statement

We may change the terms of these Terms and Conditions from time to time. If we make any material changes to this statement, we will notify you by means of a notice on this Site or by an email (sent to the e-mail address specified in your account) prior to the change becoming effective. Any such modifications become effective upon your continued access to and/or use of the Site or Services. It is your sole responsibility to check the Site from time to time to view any such changes to the Terms and Conditions. If you do not agree to any changes, if and when such changes may be made to the Terms and Conditions, you must cease access to the Site and use of the Services. We reserve the right to discontinue the Site or Services with or without notice to you.

 User Consent

By using the Site or the Services, you represent and warrant that you are at least 18 years old, you have the right, authority and capacity to enter into this agreement, you will abide by all of the terms and conditions and you will not use the Site or Services or access the Site or Services for any purpose other than that for which the Site or Services are being provided to you. You will not attempt to reverse engineer or jeopardize the correct functioning of the Site or any applicable Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or any applicable Services.

 Electronic Communications

You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

 Registering for an Account

When you create an account with us, you are required to select a password. You may not transfer or share your password or account credentials with anyone else, and you are solely responsible for maintaining the confidentiality of your password. If someone accesses our Site or Services using your password and profile, we will rely on the password and profile and assume it is you who is accessing the Site and using our Services. You are solely responsible for any and all use of your account credentials and password and all activities that occur under or in connection with your account. You agree to be responsible for any act or omission of any users that access the Site or Services using your password or account credentials. You agree not to register for more than one account or register for an account on behalf of any group or entity.

 Intellectual Property

The Site, the Services, and the content therein are intended for your personal use. Unless otherwise noted, all content on the Site and in the Services, including text, graphics, logos, names, button icons, images, audio clips, software and code (the “Protected Content”), is the property of Margot Elena or a third party and may be protected by United States and international copyright, patent and trademark laws. Any use of third party software provided in connection with the Site or Services may be governed by such third parties’ licenses. Ownership of all such Protected Content and the goodwill associated therewith remains with us or those other entities. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Protected Content. Downloading or copying Site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us and any third party owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our, or any third party’s, names or trademarks, without our express written consent.

 User Content

Unless otherwise indicated in our Privacy Policy, when you submit material on our Site, including questions, comments, suggestions, data or submissions (“Content”), such Content will be treated as non-confidential and non-proprietary and you grant Margot Elena a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. By submitting such Content, you irrevocably transfer and assign to Margot Elena, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such Content. You represent and warrant that you own, control or are lawfully authorized to use the Content, it is accurate and that you will not post or use any Content in any manner that:

  • Violates the privacy, publicity, or other rights of third parties;
  • Violates any law, statute, ordinance or regulation;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to, proprietary or confidential information of others; or
  • Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Protecting Children

This Site is not directed toward children under the age of 16, and we do not knowingly collect any personal information from children under the age of 16. If you are between the ages of 16 and 18, please ensure that you use this Site only with the permission of a parent or guardian. If a child under 16 provided this Site with personal information, we ask that a parent or guardian contact us at infodesk@margotelena.com.

 Links to Third Party Sites

The Site may contain links to other websites. Margot Elena is not responsible for the privacy practices or the content of those other websites If you choose to access, use and obtain services through a third party site, the data collected by the third party and your use of the site is governed by that third party’s privacy policy and terms of use. We encourage you to review the privacy policies and terms of use of any other service provider whose site you access and use and from whom you request services.

 Suspension OR Termination

You agree that we, in our sole discretion, may immediately suspend or terminate your access to the Site and Services at any time, for any reason, without notice or refund. SUSPENSION OR TERMINATION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO Margot Elena OR A THIRD PARTY.

 Disclaimer of Warranties

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER Margot Elena NOR ANY PERSON ASSOCIATED WITH Margot Elena MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MARGOT ELENA NOR ANYONE ASSOCIATED WITH Margot Elena REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO (i) YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, (ii) your reliance on any information contained on the Site or obtained through USE OF the Services, (iii) any content submitted by you or anyone else on the Site, (iv) our decision to discontinue the Site and/or Services, and (v) ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. Without limiting the foregoing, Margot Elena assumes no responsibility for, and will not be liable for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Site. WE WILL NOT BE LIABLE FOR THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO TEN DOLLARS (U.S. $10.00). To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be limited to the minimum permitted under such applicable law.

 Indemnification

You agree to indemnify, defend and hold harmless Margot Elena, our parents, subsidiaries, affiliates, officers, directors, shareholders, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) any of your Content and/or information that you submit, post or transmit through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of the Agreement, (iv) your violation of any rights of any other person or entity, (v) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines entered by you into the Site or Services, and/or (vi) any users that access the Site or Services under your profile.

 Applicable Law

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Services and your purchase of products or Services through our Site. The Terms and Conditions and the relationship between you and Margot Elena shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.

The failure of Margot Elena to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site, the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 Notice

We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing at infodesk@margotelena.com

Questions or comments?

Margot Elena Companies and Collections is headquartered in Colorado, in the United States of America at 6890 S. Emporia St.
Centennial, Colorado 80112. If you have a question or comment about these Terms and Conditions or a complaint, you can contact us at:

Margot Elena Companies and Collections

Attention: Customer Experience

6890 S. Emporia St.
Centennial, Colorado 80112

Email: infodesk@margotelena.com