GUILLERMO LEGAL NOTICE
This web site (the "Site") is operated by Guillermo, Inc ("Guillermo," "we" or "us"). By using the Site, you agree to be bound to the terms and conditions set forth in this legal notice, and that you undertake any such use at your own risk. Please take a few minutes to review this legal notice. We reserve the right at any time to change: (1) the terms and conditions of this Legal Notice and other Site policies; (2) the Site, including eliminating or discontinuing any content, product, service or feature; and (3) all prices and fees shown on the Site for products and services (including shipping and handling charges). Any changes we make will be effective upon notice, which we may provide by any means including, without limitation, posting an appropriate notice on the Site. Your continued use of the Site after changes have been posted on the Site will be deemed acceptance of such changes. If you do not agree with the terms and conditions of this legal notice, please do not use the Site.
1. OWNERSHIP OF MATERIALS AND TRADEMARKS; RESTRICTIONS ON USE
1.1 WEB SITE MATERIALS
All content, code, graphics, illustrations, images, designs, text, and products and services used or shown on or incorporated into the Site, and the arrangement or integration of all such content, code, graphics, images, designs, text and products and services ("Web Site Materials") are subject to copyright and other applicable intellectual property and proprietary rights held by or licensed to Guillermo and all rights thereto are specifically reserved. Permission is granted to view, download, and print the Web Site Materials solely for your own personal, noncommercial use related to the purchase and use of Guillermo products and services. Modification of the Web Site Materials or use of the Site or the Web Site Materials for any other purpose is strictly prohibited. Except as permitted in this Legal Notice, you may not copy, print, reproduce, republish, download, upload, post, transmit, distribute or create derivative works from the Web Site Materials or other content or information available on or through the Site in any way, without our prior written permission.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Guillermo, Guillermo’s licensors and suppliers, and others. No Trademark may be used in any manner that is likely to cause public confusion, in connection with fraudulent activities or in any manner that disparages Guillermo.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any ownership interest or other right in or to any Web Site Material or Trademark. Misuse of Web Site Materials and Trademarks is prohibited, and we will aggressively enforce our rights in all Web Site Materials and Trademarks, including via civil and criminal proceedings.
You may choose to become a registered user of the Site. If and when you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your status as a registered user and your access to and use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username, password and password clue and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting http://www.wearguillermo.com and logging in to your account and immediately notify us of the problem by emailing us at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. CODE OF CONDUCT
Modification of the Site or any Web Site Materials or use of the Site or any Web Site Materials for any purpose other than as set forth in this Legal Notice is a violation of our copyright and other proprietary rights, and is strictly prohibited. You agree that you will not remove any copyright, trademark, or other proprietary rights' notices posted on the Site. You agree to comply with all applicable laws, rules and regulations in your use of the Site. Without limiting any of the foregoing you specifically agree not to:
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (including, without limitation, "framing," "mirroring" or "jacking" any part of the Site without our prior written authorization); Harvest or collect information about users or visitors of the Site without their express consent for the purpose of spamming, making solicitations or transmitting undesired or objectionable communications; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Interfere with or disrupt the Site or servers or networks connected to the Site (including, without limitation, by means of "hacking" or defacing any portion of the Site), or fail to follow any requirements, procedures, policies or regulations of networks connected to the Site; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
4. MAKING PURCHASES
We reserve the right, without prior notification, to change descriptions or references to any products or services offered on the Site, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. All purchases subject to credit card verification and acceptance. Price and availability of any product or service are subject to change without notice. Some products and services may be available only a limited basis or at our physical store location(s), through our catalog or on the Site.
6. JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States. We make no representation that Web Site Materials, products or services available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any product, service, price, discount, promotion or program described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such product or service that we provide on the Site.
7. TERMINATION OF ACCESS
We reserve the right to immediately terminate your access to and/or use of the Site or any portion thereof, at any time and for any reason, with or without cause or notice to you.
THE SITE, THE WEB SITE MATERIALS, AND ALL PRODUCTS AND SERVICES AVAILABLE ON, OR OBTAINED OR PURCHASED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GUILLERMO AND ITS AFFILIATES, LICENSORS, UPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GUILLERMO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF GUILLERMO OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, WEB SITE MATERIALS, AND ALL PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Site and the Web Site Materials may contain typographical errors or inaccuracies and may not be complete or current. Guillermo therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience caused. We have done our best to display as accurately as possible the colors and images of the products shown on the Site. However, because the colors and images you see will depend on your monitor, Internet connection and other computer and telecommunications equipment, we cannot guarantee that your view of our products' colors and images will be accurate. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. Additionally, a possibility exists that third parties could make unauthorized alterations to the Site or Web Site Materials. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
9. LIMITATION OF LIABILITY
NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE WEB SITE MATERIALS, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE WEB SITE MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, THE WEB SITE MATERIALS OR LINKED SITE, AS APPLICABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS TO RETURN THE PRODUCT OR STOP USING THE SERVICE IN ACCORDANCE WITH THE INFORMATION AT PRODUCT POLICIES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OR FOR ANY PRODUCT OR SERVICE.
You agree to indemnify, defend and hold Guillermo, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from your activities in connection with the Site, any Web Site Materials, or any product or service you purchase through the Site.
The Site is provided by Guillermo, Inc. If you have any questions or comments regarding the Site, feel free to contact us at Guillermo, Inc., 3101 W. Exposition Place, Los Angeles CA 90018, (323) 785-1800, or at firstname.lastname@example.org.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
This Legal Notice is governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflicts of law.
We are not responsible for the privacy practices or the contents of any web sites to which you may link from our web site, including such web sites' use of any information (such as IP address, browser type or operating system) collected when visitors to our web site click to such other sites. We strongly encourage you to read and become familiar with the privacy practices of third party web sites.
THE INFORMATION WE COLLECT
Guillermo collects two types of information about users of our web site:
(1) Non-personally-identifiable information:
When you visit our web site, we automatically collect and aggregate certain non-personally-identifiable information indicating, among other things, which pages of our web site you visited, the order in which they were visited, the products and services you viewed or searched for, and which hyperlinks were "clicked." Collecting such information involves the logging of your Internet Protocol (IP) address, the operating system used by the computer from which you connect to our web site and the type of browser software you are using. Although such information does not identify you personally, we can determine your Internet Service Provider and the geographic location of your point of connectivity from your IP address.
(3) PERSONALLY-IDENTIFIABLE INFORMATION:
We collect certain personally-identifiable information depending on how you use our web site:
When you order products from us, we collect your full name; shipping and, if different, billing address; email address; phone number; credit card number (with expiration date); and, if you provide them, your facsimile number and company name ("Order Information"). We also collect any comparable information you supply about the person to whom you send a gift. We will retain a record of all your on-line purchases.
If you choose to become a registered user, we collect a login name, your full name, mailing address, email address, phone number, and a password ("Registration Information"). You do not have to be a registered user to place an order for our products, but registered users can complete their product orders more quickly than non-registered users.
We collect and compile a database of the name, personal email address, and/or mailing address of those users who choose to provide us with such information when registering for our Opt-In email list ("Contact Information").
HOW WE USE (OR DO NOT USE) THE INFORMATION WE COLLECT
Please take a moment to familiarize yourself with how we use and do not use the information we collect from you. To serve you better, we may combine information you provide us from various sources, whether online or in person.
(1) NON-PERSONALLY-IDENTIFIABLE INFORMATION:
Guillermo uses non-personally-identifiable information in aggregate form to build a higher quality and more enjoyable online experience at wearguillermo.com. We statistically analyze the collective characteristics and behavior of our users and visitors, and measure demographics and interests regarding specific areas of our web site.
(2) PERSONALLY-IDENTIFIABLE INFORMATION:
Guillermo uses order information and registration information solely for internal business purposes, such as processing product orders, and to enhance your shopping experience with us. We use contact information solely to provide occasional e-mail notices regarding our web site, our physical store and/or product updates that may be of interest to individuals on our contact information database. We will also use the contact information to provide catalogs and other mailers if a user provides a mailing address. we will not send you any e-mail notices or otherwise contact you regarding our company, products and services unless you affirmatively request such information from us. If you do not want us to use any order information, registration information and/or contact information we collect from you in the manner described above, please do not provide it to us. Please note that if you do not provide us with certain personally-identifiable information, you may not be able to order products from us.
Guillermo will not sell any Order Information, Registration Information, or Contact Information to any third party. We will not share or give any Order Information, Registration Information or Contact Information to any third party, except that we may disclose such information (in whole or in part) to: (i) the issuers of the credit cards used to make purchases on our web site to verify identity of purchasers and to process payment, (ii) vendors that we use to provide certain services in connection with the processing and/or shipping of product orders, such as UPS, (iii) a service or technology provider to provide and maintain the technical operation of our web site, to protect the integrity and security of our web site or to correct technical problems or malfunctions in its operation; (iv) our independent accountants, legal advisors and other advisors and representatives to advise us in the operation of our web site or our business; or (v) to a judicial or other governmental authority if applicable law requires such disclosure, or to defend against claims that may result in our liability.
UPDATING AND/OR DELETING YOUR INFORMATION
You may update or delete your personally-identifiable information from our records at any time. If you would like to correct, change or update your Registration Information or Contact Information, please send us an e-mail at email@example.com regarding your corrections, changes or updates. You may also correct, change or update your Registration Information yourself by logging into your account on our website. If you would like to correct, change or update any Order Information with respect to any product order that has not yet been shipped by us, please refer to the information at Product Policies. If you at any time no longer wish to be a registered user or to receive e-mail updates from us, please let us know either (i) by following the link provided in our e-mail notice to terminate your status or such notices, or (ii) by sending us an e-mail at firstname.lastname@example.org, with your name, personal e-mail, password (if applicable) and request to be removed as a registered user or to stop receiving e-mail notices and to have your Registration Information or Contact Information deleted from our database.
We take reasonable steps to ensure that your Order Information, Registration Information and Contact Information remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure, and therefore we cannot guarantee or warrant the complete security of any information you may provide us.
Guillermo does not collect personally-identifiable information on any person under 18. If you are under 18, we request that you use our web site with the involvement of an adult.
QUESTIONS OR COMMENTS
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