CONDITIONS OF USE
Welcome to casadesuna.com. Redcliff Investments LLC and/or its affiliates (“CDS”) provide website features and other products and services to you when you visit or shop at casadesuna.com, use CDS products or services (collectively, “CDS Services”). By using the CDS Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of CDS Services, and sometimes additional terms may apply. When you use an CDS Service you also will be subject to the guidelines, terms and agreements applicable to that CDS Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of CDS Services, to understand our practices.
When you use CDS Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CDS Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any CDS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CDS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CDS Service is the exclusive property of CDS and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CDS Service are trademarks or trade dress of CDS in the U.S. and other countries. CDS’s trademarks and trade dress may not be used in connection with any product or service that is not CDS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CDS. All other trademarks not owned by CDS that appear in any CDS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CDS.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, CDS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CDS Services. This license does not include any resale or commercial use of any CDS Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CDS Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CDS or its licensors, suppliers, publishers, rightsholders, or other content providers. No CDS Service, nor any part of any CDS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CDS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CDS without express written consent. You may not use any meta tags or any other “hidden text” utilizing CDS’s name or trademarks without the express written consent of CDS. You may not misuse the CDS Services. You may use the CDS Services only as permitted by law. The licenses granted by CDS terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own CDS account to use certain CDS Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. CDS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CDS Services only with involvement of a parent or guardian. Alcohol listings on CDS are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. CDS reserves the right to refuse service, terminate accounts, terminate your rights to use CDS Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CDS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CDS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CDS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CDS for all claims resulting from content you supply. CDS has the right but not the obligation to monitor and edit or remove any activity or content. CDS takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
CDS respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at email@example.com.
RISK OF LOSS
All purchases of physical items from CDS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
CDS does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CDS does not take title to the refunded item.
CDS attempts to be as accurate as possible. However, CDS does not warrant that product descriptions or other content of any CDS Service is accurate, complete, reliable, current, or error-free. If a product offered by CDS itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on CDS and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on CDS.
With respect to items sold by CDS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CDS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any CDS Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using CDS Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than CDS operate stores, provide services or software, or sell product lines through the CDS Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from CDS. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). CDS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CDS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CDS SERVICES ARE PROVIDED BY CDS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING CDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CDS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CDS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CDS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CDS DOES NOT WARRANT THAT THE CDS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CDS SERVICES, CDS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CDS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any CDS Service will be adjudicated in the state or Federal courts in Cook County, Illinois, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any CDS Service, you agree that applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CDS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of CDS Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Redcliff Investments LLC
P.O. Box 1059
Shelburne, VT 05482
ADDITIONAL CDS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with CDS Services (the “CDS Software”).
- Use of the CDS Software. You may use CDS Software solely for purposes of enabling you to use the CDS Services as provided by CDS, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the CDS Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the CDS Software in whole or in part. All software used in any CDS Service is the property of CDS or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the CDS Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the CDS Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the CDS Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the CDS Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other CDS or third-party terms applicable to any portion of CDS Software, such as open-source license terms, such other terms will control as to that portion of the CDS Software and to the extent of the conflict.