Terms and Conditions of Website Use and Consent

General 
Llorente Design, LLC. (“Llorente Design,” “we,” “us,” or “our”) provides the content on LlorenteDesign.com (the “website”). By using the website, you hereby consent to follow and be legally bound to our Terms and Conditions of Website Use (“Terms”) and our Privacy Policy. If you do not wish to be legally bound, do not use the website. It is your responsibility to read carefully before using our website. 

The Terms and Privacy Policy contained on this page are subject to change at any time, at our sole discretion, without prior notice. It is your responsibility to check this page periodically for changes. The website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date.  

The website is provided only for your information, and your use of it does not create any professional relationship between you and us.

If you require additional information or have any questions about our Terms or Privacy Policy, contact us by email at hello@llorentedesign.com.


Non-Waiver
Llorente Design’s failure to exercise or enforce any Term, right or provision herein shall not constitute a waiver of such right or provision.  Additionally, no course of conduct shall constitute a waiver of any of the Terms, rights or provisions, unless such waiver is specified in writing by us. These Terms, rights or provisions may be waived or amended only by us in writing. A waiver of any of the Terms, rights or provisions on one occasion will not constitute a waiver of the other Terms, rights or provisions on any other occasion.

Disclaimers
Use of the website is at your own risk. While we host our site on a reputable platform and take reasonable efforts to maintain and host the site, we make no explicit representations or warranties as to the safety or your individual use of the website. 

THE CONTENT ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT LLORENTE DESIGN IS NOT ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU THROUGH THE WEBSITE.  ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. LLORENTE DESIGN IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY CONTENT ON THE WEBSITE, WHETHER POSTED BY LLORENTE DESIGN, BY THIRD PARTIES, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE, OR FOR ANY THIRD PARTY SITES. LLORENTE DESIGN DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT AND WE ARE NOT RESPONSIBLE FOR ANY HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE WEBSITE OR IN CONNECTION WITH ANY THIRD PARTY CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE.

LLORENTE DESIGN DOES NOT WARRANT THAT THE WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM US OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LLORENTE DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LLORENTE DESIGN MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LLORENTE DESIGN OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

COPPA Compliance
In compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to individuals who are at least 13 years or older.

Intellectual Property
Except for third party content, all images, text, designs, graphics, trademarks and service marks are owned by and property of Llorente Design. Unless expressly permitted in writing signed by Llorente Design, any use of content, image, text, designs, graphics, trademarks, service marks or any other intellectual property, is strictly prohibited. 

It is a violation of U.S. and/or international copyright laws to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent of the law should we choose to do so, including but not limited to asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

Your Communications to Us
Any communications made to us is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on the website, servers, comments, emails or other media as allowed by United States law. We may use any information you submit without crediting or compensating you in any way whatsoever including but not limited to royalties. We maintain the right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

If you choose to submit your name, resume, contact information, or other personal information in order to be considered for employment, internship or other related matters, you are authorizing us to use that information for all lawful hiring purposes. No listing of employment or internship opportunities creates a promise to interview, hire, or otherwise respond to anyone who submits a name, resume or other information. If you contact us with a business inquiry or for other reasons, you authorize us to reply to you using the contact information you provide. 

Indemnification
You agree, at your expense, to defend, indemnify and hold harmless Llorente Design, its representatives, agents, affiliates, subsidiaries and their respective directors, officers, employees, agents, successors and assigns, from and against all claims, demands, losses, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees and court costs) made by any third party, arising out of or relating to or as a result of your violation of these Terms, your use of the website, any allegation that any information on material submitted by you violates of any rights of another person or entity, or any consequences incurred from technological failures such as a payment processor error(s) or system failure(s). Llorente Design reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate and assist in our defense of any claim. 

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT LLORENTE DESIGN AND RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE OR COST (INCLUDING ATTORNEYS’ FEES) WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, ARISING FROM OR RELATED TO (i) THESE TERMS, (ii) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, (iii) YOUR USE OF ANY WEBSITE CONTENT, (iv) ANY UNAUTHORIZED ACCESS TO YOUR DATA, (v) ANY ACTION OR INACTION OF ANY OTHER USER, OR (vi) ANY ERRORS OR OMISSIONS IN THE WEBSITE, WEBSITE CONTENT OR RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO WAIVE ANY AND ALL SUCH CLAIMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ON OTHER GROUNDS.

NOTWITHSTANDING ANYTHING STATED HEREIN, OUR TOTAL LIABILITY TO YOU, FOR ANY AND ALL CLAIMS, REGARDLESS OF THEIR NATURE OR THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR USE OF THE WEBSITE. IF NOTHING WAS PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE USE OF THE WEBSITE.

Severability
If any part of these Terms or Privacy Policy is deemed illegal or unenforceable by the laws, regulations or public policy of any state, such provision shall be considered void in such state, but this shall not affect the validity or enforceability of any other provision of these Terms or Privacy Policy and all other provisions contained herein will remain in full force and effect.

Termination
If at any time we feel you have violated these Terms, we shall immediately terminate your use of the website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of the website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Refunds & Payment Collection 
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing authorized by Llorente Design. Llorente Design reserves the right to charge 5% interest per day upon any outstanding amount left unpaid. Interest will begin to accumulate 14 calendar days from the day of the original payment due date until payment of the outstanding amount due plus interest charges have been received by us. 

If after 30 calendar days the full outstanding payment, including any accrued interest, has not been received by us, Llorente Design reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments including interest plus any collection costs including but not limited to reasonable attorney’s fees.

Entire Agreement
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Law and Jurisdiction
These Terms and Privacy Policy are governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to its conflict of law provisions. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Florida. You specifically consent to the personal and exclusive jurisdiction of Florida courts and waive any claim of forum non-conveniens.

Last updated August 2019