Terms & Conditions

 

Terms & Conditions 

Last updated: July 18, 2022 

Elizabeth Molina Procurement LLC connects clients to master artisans and  luxury retailers from around the world to facilitate the commission and  purchase of bespoke and luxury pieces and oversee a seamless delivery of  these items. 

This Terms and Conditions (“Terms or Agreement”) governs your use of  Elizabeth Molina Procurement LLC. By using our Services you signify that  you have read, understand and agree to be bound by these Terms. You  must be at least 18 years old or older to gain access to our Services. As  used herein, “You, “User” or "Users" means anyone who accesses and/or  uses our Services or if the user represents an entity or other organization,  that entity or organization. If the user is acting as an intermediary between  the user and an end customer, whether that be entity, organization, or  individual, the user represents and warrants that he or she has received all  necessary authorizations from the end customer to act as the end  customer’s agent and to enter legally binding agreements on their behalf.  In such a situation, this agreement is binding both on the user and the end  customer. 

You can review the most current version of the Terms at any time on this  page. We reserve the right to update, change or replace any part of these  Terms, without notice. It is your responsibility to check this page periodically  for any such changes. Your continued use of the services following the any  changes constitutes acceptance of those changes. 

This is a legal agreement between You and Elizabeth Molina LLC. You  should carefully read this agreement and the Company’s Privacy Policy,  which is incorporated into and are part of this agreement. YOU MAY NOT  USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND  CONDITIONS. 

These Terms and Conditions were last updated on July 21, 2021. Section 1 – Account Creation. 

You have complete responsibility for your account and everything that  happens on your account, including for any costs, fees, or damages  incurred by you or someone using your account with or without your  permission. 

Section 2 - Access to the Service.

2.1. Subject to your acceptance of and compliance with this Agreement,  Elizabeth Molina LLC grants to you a non-exclusive, non-transferable,  revocable limited license to use the Service. Your use of the Service is  conditioned upon your compliance with this Agreement; any use of the  Service in violation of this Agreement will be regarded as an infringement of  Company’s copyrights in and to the Service. We may terminate or suspend  Your Account immediately, without prior notice or liability, for any reason  whatsoever, including without limitation if You breach these Terms and  Conditions. Upon termination, Your right to use the Service will cease  immediately. 

2.2. Any new features or services which are added, at our sole discretion,  shall also be subject to this Agreement. The Company may change, modify,  suspend, or discontinue any aspect of the Service at any time. Such  change, modification, suspension or discontinuation can be for any reason  and is not limited to your breach of this Agreement. The Company may also  impose limits on certain features or restrict or prohibit your access to parts  or all of the Service without notice or liability. You agree to be bound by any  rules associated with third party applications or tools used within the  Service. 

Section 3 - Usage Rules. 

When communicating directly with members of our team, you agree to be  respectful and kind. If we feel that your behavior towards any of our team  members is at any time threatening or offensive, we reserve the right to  immediately terminate your access to our services. 

You agree to be responsible for any damages resulting from your breach of  this Agreement and reimburse us for all of costs, expenses and fees  (including all attorney's fees) arising from or relating to your breach. Section 4 - Privacy and Protection of Personal Information. Notwithstanding anything else to the contrary contained in this Agreement,  Company’s collection, use, disclosure and sharing of any personally  identifiable information you provide via our services shall be governed by  our Privacy Policy, which is incorporated into and part of this Agreement.  For further information regarding the Company's protection of your  personal information, please refer to our Privacy Policy. 

Section 5 – Orders for Goods 

5.1 The Company facilitates orders between Sellers offering their Goods to  prospective Buyers. Sales of Goods through our platforms are directly  between the Buyer and the Seller. All sales through our Services are 

governed by these terms. As such, the Company’s role as facilitator is  expressly limited to maintaining and providing the Service to Sellers and  Buyers. By using our Services, you expressly acknowledge and agree that  the Company is not an agent for any Seller or Buyer and owes no fiduciary  duty to such person. The Company is wholly independent from the Sellers  and Buyers that utilize its Services. As the sales of any good through our  services is between the Seller and the Buyer, the Company is not to be  responsible for the sale and does not provide any warranty or guarantee  regarding the information provided by Sellers or Buyers.  

5.2 In the event a dispute arises between a Seller and Buyer, the Company  may, at its sole discretion, attempt to mediate a solution between the Buyer  and Seller. If the Company elects to mediate, then Seller and Buyer agree  that the decision of the Company is final and binding on all parties and  cannot be appealed, challenged or reversed. 

5.3 If You wish to place an Order for Goods available with the Service, You  may be asked to supply certain information relevant to Your Order  including, without limitation, Your name, Your email, Your phone number,  Your credit card number, the expiration date of Your credit card, Your billing  address, and Your shipping information. You represent and warrant that: (i)  You are legally capable of entering into binding contracts; (ii) You have the  legal right to use any credit or debit card(s) or other payment method(s) in  connection with any Order; and that (iii) the information You supply to us is  true, correct and complete. By submitting such information, You grant us  the right to provide the information to payment processing third parties for  purposes of facilitating the completion of Your Order. Certain Items require  an initial deposit to be submitted prior to the order being processed. 5.4 We reserve the right to refuse or cancel Your Order if fraud or an  unauthorized or illegal transaction is suspected. Additionally, We reserve  the right to refuse or cancel Your Order at any time for certain reasons  including, but not limited to: 

• Unavailability of the Goods 

• Errors in the description or prices for Goods 

• Errors in Your Order 

5.5 In general, Goods purchased can only be returned or your order  cancelled within 14 days of the order being placed. However, due to the  bespoke nature of some of our Goods, many Goods are non-cancelable  and non-returnable. In the event the Goods are refundable, the Goods  must be returned in the same condition as You received them. You should 

also include all of the products instructions, documents and wrappings.  Goods that are damaged or not in the same condition as You received  them or which are worn simply beyond opening the original packaging will  not be refunded. You should therefore take reasonable care of the  purchased Goods while they are in Your possession. We will reimburse You  no later than 14 days from the day on which We receive the returned  Goods. We will use the same means of payment as You used for the Order.  You will not have any right to cancel an Order for the supply of any of the  following Goods: 

• The supply of Goods made to Your specifications or clearly  personalized. 

• The supply of Goods which according to their nature are not suitable to  be returned, deteriorate rapidly or where the date of expiry is over. • The supply of Goods which are not suitable for return due to health  protection or hygiene reasons and were unsealed after delivery. • The supply of Goods which are, after delivery, according to their nature,  inseparably mixed with other items. 

• The supply of digital content which is not supplied on a tangible medium  if the performance has begun with Your prior express consent and You  have acknowledged Your loss of cancellation right. 

5.6 The Company reserves the right to revise its prices at any time prior to  accepting an Order. The prices quoted may be revised by the Company  subsequent to accepting an Order in the event of any occurrence affecting  delivery caused by government action, variation in customs duties,  increased shipping charges, higher foreign exchange costs and any other  matter beyond the control of the Company. In that event, You will have the  right to cancel Your Order. 

5.7 All Goods purchased are subject to a one-time payment. Payment can  be made through various payment methods we have available, such as  Visa, MasterCard, American Express cards or other acceptable methods.  Payment cards (credit cards or debit cards) are subject to validation checks  and authorization by Your card issuer. If we do not receive the required  authorization, We will not be liable for any delay or non-delivery of Your  Order. 

Section 6 – Third Party Links 

Through your use of the Service, you may be provided with hyperlinks to  other Internet sites or resources, including hyperlinks provided by third party advertisers and sponsors to the Service. We make no representation 

or warranty as to those sites and resources, or the advertising material  presented by third-party advertisers and sponsors through the Service. You  agree that Company will not be responsible or liable, directly or indirectly,  for any damage or loss caused or alleged to be caused by or in connection  with use of or reliance on any such information, goods or services available  on or through any such site or resource. 

Section 7 – Intellectual Property.  

7.1 Certain information available through the Service is the property of  the Company and is protected by copyright and other intellectual property  laws. Information received through the Service may not be displayed,  reformatted and printed or used for any commercial purpose whatsoever  without the prior written consent of the Company. Elizabeth Molina  Procurement LLC logo, and any other marks used on the Site are  trademarks of Elizabeth Molina Procurement LLC. Such marks may not be  used without the prior written consent of the Company. Any use of those  marks, or any others displayed on the Site, will inure solely to the benefit of  their respective owners. All rights reserved. 

7.2 If you elect to submit to Company any content or other works of  authorship or comments, feedback, suggestions, ideas and other  submissions in connection with your use of or otherwise relating to the  Service, whether in writing or orally (collectively, “Submissions”), you agree  in consideration of your use of the Service that Company may use such  Submission (including reproduce, distribute, perform and display), modify  such Submission, and act on such Submission (by using the content for  marketing purposes, executing on an idea, practicing a process, making,  offering and selling a product, or creating further ideas, processes or  products from or incorporating your Suggestion), in each case without  owing any royalty or otherwise accounting to you, and you agree to not  assert any right you may have in such Submission against Company or any  party Company authorizes to act on the foregoing rights or any successor in-interest to Company. You agree such rights may be exercised or further  authorized anywhere in the world and will survive any termination of your  account(s), the Service, or this Agreement. You represent and warrant that  any Submissions are your original creations, that you have all rights to the  Submissions, and that the Submissions do not infringe or violate the rights  of any party, including without limitation any intellectual property rights or  rights or privacy or publicity. 

Section 8 - Disclaimers; Limitations; Waivers of Liability.

8.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND  GOODS PURCHASED THROUGH OUR SERVICE ARE AT YOUR OWN  RISK AND ARE PROVIDED ON AN “AS IS” BASIS WITHOUT  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,  INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF  NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED  UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY  LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF  THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD  REQUIRED). SPECIFICALLY, THE COMPANY MAKES NO  GUARANTEES, WARRANTIES OR REPRESENTATION ABOUT THE  AUTHENTICITY, NATURE, QUALITY OR CONDITION OF ANY GOODS  PURCHASED THROUGH OUR SERVICES. WITHOUT LIMITING THE  FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR  SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES,  AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS,  DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO  HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR  DELIVERY OF THE SERVICE (COLLECTIVELY, “Elizabeth Molina  Procurement LLC PARTIES”) WARRANT THAT THE SERVICE,  INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE  SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE,  RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT  DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE  SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM  VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. 8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  Elizabeth Molina Procurement LLC PARTIES WILL NOT BE LIABLE FOR  ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR  CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL  DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS  INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR  CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF,  OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT Elizabeth  Molina Procurement LLC PARTIES ARE ADVISED OF THE POSSIBILITY  OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING  EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT 

JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD  AGREE THAT Elizabeth Molina Procurement LLC PARTIES WILL NOT BE  LIABLE TO YOU FOR MORE THAN THE AMOUNT THAT YOU HAVE  PAID TO THE SERVICE OR ONE HUNDRED DOLLARS IF YOU HAVEN’T  PURCHASED ANYTHING THROUGH THE SERVICE. 

8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE  DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR  INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR  INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF  ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS  FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT  (INCLUDING NEGLIGENCE). 

8.4 Some states do not allow the exclusion of implied warranties or  limitation of liability for incidental or consequential damages, which means  that some of the above limitations may not apply. In these states, each  party's liability will be limited to the greatest extent permitted by law. Section 9 - Release. 

You forever release, discharge, and covenant not to sue Elizabeth Molina  Procurement LLC Parties from any and all liability, claims, actions, and  expenses that may arise, whether caused by the negligence of Elizabeth  Molina Procurement LLC Parties, or otherwise, in connection with use of  the Service or through or as a result of the Service. In other words, you  agree that you cannot sue Elizabeth Molina Procurement LLC Parties if  anything happens to you, your personal information, any individual that you  provide access to use the Service, or your property in connection with use  of the Service or through or as a result of the Service. You agree that the  provisions in this paragraph will survive any termination of your account(s),  Subscription, the Service, or this Agreement. 

Section 10 - Indemnification. 

You agree at all times to indemnify, defend and hold harmless Elizabeth  Molina Procurement LLC Parties harmless from any claim, causes of  action, damages, liabilities, demands, costs and expenses, including  reasonable attorneys’ fees, made by any third-party due to or arising out of  your use or misuse of the Site or Services, your breach of this Agreement  or the documents they incorporate by reference, your violation of any law or  the rights of a third-party, or the consequences of any choices you make in  reliance on or based on information on this site. 

Section 11 - Governing Law and Dispute Resolution.

The laws applicable to the interpretation of this Agreement shall be the laws  of the State of Massachusetts, and applicable federal law, without regard to  any conflict of law provisions. You agree to submit to the personal and  exclusive jurisdiction of the state and federal courts located within Boston,  Massachusetts. You also agree that, in the event any dispute or claim  arises out of or relating to your use of the Services, that you and Company  will attempt in good faith to negotiate a written resolution of the matter  directly between the parties. You agree that if the matter remains unsettled  for forty-five (45) days after notification (via certified mail or personal  delivery) that a dispute exists, shall be resolved by final and binding  arbitration in Boston, Massachusetts under the rules of the American  Arbitration Association then in effect. Should you file any arbitration claims,  administrative or legal actions without first having attempted to resolve the  matter by mediation, then you will not be entitled to recover attorney's fees,  even if you would otherwise be entitled to them. 

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO  TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR  RELATING TO THIS AGREEMENT OR THE TRANSACTIONS  CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT  ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL  BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF  CLASS ACTION. 

Section 12 – Severability, Waiver and Interpretation. 

(a) In the event that any provision of this Agreement is determined to be  unlawful, void or unenforceable, such provision shall nonetheless be  enforceable to the fullest extent permitted by applicable law, and the  unenforceable portion shall be deemed to be severed from this Agreement,  such determination shall not affect the validity and enforceability of any  other remaining provisions. (b) Except as provided herein, the failure to  exercise a right or to require performance of an obligation under this Terms  shall not effect a party's ability to exercise such right or require such  performance at any time thereafter nor shall be the waiver of a breach  constitute a waiver of any subsequent breach. (c) These Terms and  Conditions may have been translated if We have made them available to  You on our Service. You agree that the original English text shall prevail in  the case of a dispute. 

Section 13 – Miscellaneous.

(a) Company operates and controls the Service from its offices in the  United States of America. Company makes no representation that the  Service is appropriate or available in other locations. The information by the  Company is not intended for distribution to or use by any person or entity in  any jurisdiction or country where such distribution or use would be contrary  to law or regulation or which would subject the Company to any registration  requirement within such jurisdiction or country. Accordingly, those persons  who choose to access the Service from other locations do so on their own  initiative and are solely responsible for compliance with local laws, if and to  the extent local laws are applicable. (b) This Agreement is effective until  terminated by either party. The privileges granted to you under this  Agreement will terminate immediately and automatically without notice from  the Company if, in our sole discretion, you fail to comply with any term or  provision of this Agreement or for any reason in the Company’s sole  discretion. (c) Neither the course of conduct between the parties nor trade  practice will act to modify this Agreement to any party at any time without  any notice to you. (d) You may not assign this Agreement without the  Company’s prior written consent, which may be withheld in Company’s sole  discretion, and any assignment without such consent shall be deemed null  and void. Such anti-assignment provision shall not apply to any entity that  has a right to assign its written agreement with the Company relating to the  Service. (e) The section headings used in this Agreement are for  convenience only and will not be given any legal import. (f) Upon  Company’s request, you will furnish Company any documentation,  substantiation or releases necessary to verify your compliance with this  Agreement. (g) You hereby waive any and all defenses you may have  based on the electronic form of this Agreement and the lack of signing by  the parties hereto to execute this Agreement. 

Section 14 - Statute of Limitations. 

You and Company both agree that regardless of any statute or law to the  contrary, any claim or cause of action arising out of or related to use of the  Service or this Agreement (including the Privacy Policy) must be filed within  ONE (1) YEAR after such claim or cause of action arose or will be forever  barred. 

Section 15 – Entire Agreement. 

These Terms and Conditions and any policies or operating rules posted by  us on this Site or in respect to the Service constitutes the entire Agreement  and understanding between you and us and govern your use of the 

Service, superseding any prior or contemporaneous Agreements,  communications and proposals, whether oral or written, between you and  us (including, but not limited to, any prior versions of the Terms and  Conditions). Any ambiguities in the interpretation of these Terms and  Conditions shall not be construed against the drafting party. Section 16 – Contact Information. 

Questions about the Terms and Conditions should be sent to us at  elizabethannemolina@gmail.com.