Terms and Conditions – Elio Mendez

TERMS OF USE AGREEMENT FOR ELIO MENDEZ AND ANY SERVICE OR WEBSITE OWNED BY ELIO MENDEZ.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING “THE SITE” (ELIOMENDEZ.COM). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ELIO MENDEZ (ELIOMENDEZ.COM) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Elio Mendez (https://eliomendez.com), its affiliates or other third party licensors.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT SIGNED CONSENT.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Elio Mendez a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Elio Mendez (Michael@eliomendez.com) by all means and in any media now known or hereafter developed. You also grant to Elio Mendez the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Elio Mendez for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Elio Mendez.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Elio Mendez (https://eliomendez.com). Other product, company names, and logos mentioned in the Site may be the trademarks of their respective owners, thus their use is also prohibited without proper signed consent.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Elio Mendez, Elio Mendez does not operate, control or endorse any information, products or services on the Internet in any way. Except for https://eliomendez.com-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Elio Mendez. You also understand that Elio Mendez cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ELIO MENDEZ (ELIOMENDEZ.COM) PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ELIO MENDEZ (ELIOMENDEZ.COM) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ELIO MENDEZ (ELIOMENDEZ.COM) DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ELIO MENDEZ (ELIOMENDEZ.COM) HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL ELIO MENDEZ (ELIOMENDEZ.COM) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ELIO MENDEZ (ELIOMENDEZ.COM) OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ELIO MENDEZ (ELIOMENDEZ.COM) LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Elio Mendez (eliomendez.com) makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-https://eliomendez.com web site, please understand that it is independent from https://eliomendez.com, and that Elio Mendez has no control over the content on that web site. In addition, a link to a https://eliomendez.com web site does not mean that Elio Mendez endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Elio Mendez (eliomendez.com), its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of https://eliomendez.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Elio Mendez (eliomendez.com) and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Code44’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Elio Mendez may assign its rights and duties under this Agreement to any party at any time without notice to you.

MEMBERS QUALIFICATIONS

No representation is made that the quality of the practices and/or services to be performed by Elio Mendez members and/or clients is greater than the quality of same practices and/or services performed by others.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in a Elio Mendez website and eliomendez.com are presented solely for the purpose of education in the United States. This site is controlled and operated by Elio Mendez from its offices within the State of Florida, United States of America. Elio Mendez makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Elio Mendez bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in Orlando or Tallahassee, Florida and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Elio Mendez.

Elio Mendez ANTI-SPAM POLICY

Elio Mendez prohibits the use of the Elio Mendez website and services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“Spam”). You may not use the Elio Mendez website and services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Code44’s Services or customers.

In addition, email sent, or caused to be sent, to or through the Elio Mendez website and services may not:

Use or contain invalid or forged headers.
Use or contain invalid or non-existent domain names.
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path.
Use other means of deceptive addressing.
Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party.
Contain false or misleading information in the subject line or otherwise contain false or misleading content.
Fail to comply with additional technical standards described below.
Otherwise violate the applicable Terms of Use for the Elio Mendez website and services.

Elio Mendez does not authorize the harvesting, mining or collection of email addresses or other information from or through the Elio Mendez website and services. Elio Mendez does not permit or authorize others to use the Service to collect, compile or obtain any information about Code44’s customers or subscribers, including but not limited to subscriber email addresses, which are Code44’s confidential and proprietary information. Use of the Elio Mendez website and services is also subject to the applicable Privacy Statement and Terms of Use.

Elio Mendez does not permit or authorize any attempt to use the Elio Mendez website and services in a manner that could damage, disable, overburden or impair any aspect of any of the Elio Mendez website and services, or that could interfere with any other party’s use and enjoyment of any service.

If Elio Mendez believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Elio Mendez may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Elio Mendez website and services. Failure to enforce this policy in every instance does not amount to a waiver of Code44’s rights.

Unauthorized use of the Elio Mendez website and services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to any products you purchase from Elio Mendez, and any orders from eliomendez.com that you place through our website. These terms and conditions apply regardless of how you access the website, including via any device by which we make our website available to you.

You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website.

Placing Orders
1. To place an order you will be required to provide us with some compulsory personal information.
2. You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by using our contact page.
Order Acceptance
1. Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed.
2. We have the right, prior to dispatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
3. Our contract with you will start when you receive the order dispatch email and remain in place until the last day of your right to return the products.
4. If we cannot supply you with all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
5. If the fulfillment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfill the order at any time, including after dispatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Yours Clothing shall incur no liability.
Delivery and Collection
1. Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available.
2. Delivery will be to the address or store specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.
3. When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.
4. We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.
5. We only ship to United States addresses.
Delays
1. We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
2. We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
Changes to an Order
1. Any changes to your order must be notified to us prior to their dispatch, and be in writing (via email).
2. When an order is placed, you cannot make changes to your name or address once your order has been dispatched.
3. If you amend or change your order this could lead to changes to your delivery timetable.
4. If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.
Right to cancel
1. If you wish to cancel an order, please be aware that rights of cancellation do not apply to bespoke (custom-made) clothing.
2. To exercise your right to cancel your contract with us, you must inform us of your decision in writing within 14 calendar days after the day you received the products, which you can do via the contact page.
3. While the products are in your position, you must take reasonable care of them until you return them to us.
4. You shall send back any products or return them to us, without undue delay and in any event not later than 14 days from the day you communicate your cancellation as aforementioned.
5. The deadline is met if you send back any products before the 14 days has expired (the product must be shipped before the 14 days has expired).
6. Products should be returned either with, or in their original packaging.
7. We will process your refund within 14 days of receipt of the products.
In Person and Website Purchases – Sale Items Policy
1. Sale items are non-refundable.
Products Lost or Damaged in Transit
1. We will not be responsible for any loss or damage to products in transit that you return to us and, we recommend that you use a recorded delivery service and obtain proof of postage.
2. If products being returned are lost or damaged in transit, we reserve the right to charge you, or deduct from your refund any amount attributable to such loss or damage.
Returns by Post
1. You can return your online order by post, at your cost.
Damaged or Incorrectly Supplied Products
1. You are responsible for checking all products you ordered are received correctly against your order.
2. You must note the details of any damage or error in supply on the delivery documentation, upon delivery of your order. If you are unable to view the items upon receiving them, you must inform us within a reasonable period of time.
3. After informing us that the products are damaged or have been incorrectly supplied, you must return them to us as soon as possible.
4. We may offer you a replacement product and any refunds given by us will be made to the payment method used when you placed your order. Offered refunds will be subject to our right to withhold amounts for products which are damaged on return.
Product Descriptions
1. We try to ensure that prices quoted on the website are correct and that all items have a fair product description.
2. Orders will only be accepted if the product description and the prices advertised on this website are free of errors.
3. We try to display our product colors as accurately as possible on the website, however the actual colors you see will depend on your monitor. We cannot guarantee the colors displayed on your monitor accurately reflects the color of the product on delivery.
4. All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available.
Legal Compliance
1. You will not use, sell or supply any product(s) purchased from us in an unlawful manner, or for your commercial own commercial gain. All images and content on our website is proprietary to Elio Mendez and cannot be used by you.
Liability
1. By law there are certain liabilities we cannot exclude in these terms and conditions and nothing within them limits our liability for personal injury or death caused by our negligence or for fraud.
2. As a consumer you have certain rights, including state and federal rights relating to faulty or products that haven’t been properly described. Nothing in these terms and conditions will affect these state and federal rights and, we will perform our obligations under these terms and conditions with reasonable care and skill.
3. Any products we supply to you should be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
4. In these terms and conditions, we are only responsible for losses that are a natural, foreseeable consequence of us breaching them.
5. We will not be liable to you if under these terms and conditions, we are prevented or delayed from complying with our obligations by anything you, or anyone acting on your behalf does, or fails to do, or due to events which are beyond our reasonable control.
6. You should follow any advice we give you to keep products we supply to you safe. We cannot accept liability for your failure to follow this advice that results in damage to products we have supplied.
Complaints
1. If you have a complaint please contact us.

Any rights not expressly granted herein are reserved.