Terms of Use Agreement

Welcome to our web site http://www.tejesta.com (the “Site”), available on the Internet, published and maintained by Tejesta, Inc., a Florida corporation, and its affiliates (collectively known herein as “TI”), with a business address at 5521 NW 78th Av., Doral, Florida 33166. By accessing and using our Site, providing data, messages or other information, and/or using the services offered by us or any third parties (the “Services”) on or through the Site, you agree to be bound by this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time. The terms "we", "us", and "TI " refer to Tejesta, Inc., and its affiliates.

1. Privacy. Your privacy is important to us. When you visit or use the Site, we do not collect any personally identifiable information about you unless you specifically provide it to us via email, or when you enter the data into our Site. Please see TI’s Privacy Policy for more information about our practices.
2. 2. Amendment/Notice of Changes. We reserve the right to change the terms and conditions contained in this Agreement, other service-specific terms and conditions, or any policies or guidelines governing the Goods and Services we provide, including without limitation, any of the information posted on the Site, at any time and in our sole discretion. Any changes to the Site, including goods-specific or service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in the Site may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.
3. Site Purpose and Site License. The purpose of the Site is to provide consumers with a quick and easy way to view, use and interact with TI’s Services, purchase TI’s Goods and Services, contact TI and otherwise interact with TI. The Site, and all Content (defined) are provided only for use in providing the Goods and Services offered via the Site. One of the purposes of the Site is to sell TI’s merchandise (the “Goods”) to consumers.

We grant you a limited license to access and make personal use of this Site and not to download (other than caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any Content on the Site; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. 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 our Site and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Site granted by TI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site (or its home on the Internet) so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by TI or any of our affiliates, including, without limitation, any trademarks or trade names.

4. Account. You may cancel your account at any time by logging on to the Site. If you cancel your account, we will delete all of Your Content (defined) within a commercially reasonable amount of time. You are solely responsible for the deletion of Your Content as it resides on any of your computing devices.
5. Content

"Content" used within this Agreement means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as contact information, reports, messages, photographs, videos and information that you provide to us via email, or when you enter the data into on our Site.

1. Responsibility for Your Content

You alone are responsible for Your Content, and once stored or published, it cannot always be deleted or withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TI.  

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

1. Our Right to Use Your Content

We may use Your Content in a number of different ways, including storing it, reformatting it, incorporating it into other types of metadata, in accordance with the TI Privacy Policy. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for said purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access Your Content in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against TI and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, reproduce, modify, translate, remove, and analyze Your Content.

1. TI’s Content

All content placed on the Site by TI, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TI or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of TI and protected by U.S. and international copyright laws. All software used on this Site is the property of TI or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.

1. TI’s Trademarks

TEJESTA and other marks on our Site are trademarks of TI. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TI. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

1. USER SUBMISSIONS

TI does not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose to TI in violation of this section shall be deemed and shall remain the property of TI and TI will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such information.  

6. Payment Processing

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.

If you wish to purchase Goods or Services made available through the Site, you will be asked to supply certain information relevant to your transaction, including without limitation your payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display Goods and Services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information on the Site and in our advertising on other sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability. We reserve the right to correct errors, inaccuracies or omissions at any time without prior notice.

7. Details of Goods

All information, descriptions, images, references, features, content, specifications, products, Goods, and prices of Goods and products described or depicted on the Site are subject to change at any time without notice. The inclusion of any Goods on the Site does not imply or warrant that these products will be available. We reserve the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any Good; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any Good or Service. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if we apply such limits.

We strive to display as accurately as possible the colors of the Goods shown on the Site; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

8. Shipping and Delivery

The estimated delivery time will be specified with your order. Purchases will only be shipped to a valid mailing address recognized by the third-party shipping company. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order, you may receive several shipments to complete your order.

9. Returns and Refunds

We have a 10-day return policy, which means you have 10 days after receiving your item to request a return. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at info@tejesta.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Goods sent back to us without first requesting a return will not be accepted. You can always contact us for any return question at info@tejesta.com.

Damages and Issues: Please inspect your order upon reception and contact us immediately if the Good is defective, damaged or if you receive the wrong Good, so that we can evaluate the issue and make it right.

Exceptions / Non-returnable items: Certain types of Goods cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders, personalized items, prescription lenses, custom lens tints, etc.), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift cards.

Exchanges: The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds: We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

10. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), TI has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact TI DMCA Registered Agent at email address mark@terryfirm.com or by mail to:

                        Mark Terry, Esq., 10204 Northeast Second Ave., Miami, FL 33138

To file a notice of infringement with TI, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11. Electronic Communications. When you use the Site, contact us via our Site, or send messages or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by using the messaging features on this Site. 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. See our Privacy Policy for a more detailed explanation of how we use data that is electronically communicated.
12. Inappropriate Use and Access.
13. You may not use the Site or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
14. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on TI’s network infrastructure, as determined by TI in its sole discretion.
15. You may not interfere or attempt to interfere with the proper working of the Site or any Services.
16. You may not bypass any measures TI may use to prevent or restrict access to the Site, Content, or Services.
17. You may not link from any other website or mobile application to this Site in any manner such that this Site, or any Content, is “framed” or surrounded by any other content, materials, or branding.
18. Disclaimer/Indemnification. Your use of the Site and Content is at your own risk. THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, TI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR TI’s NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL TI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT, OR SERVICES, EVEN IF TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TI’s TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, AND SERVICES.

You will indemnify, defend and hold TI and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of an TI property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained in this Agreement and the Privacy Policy, which are incorporated herein by reference.

14. No Representations or Warranties. The Site may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS SITE IS PROVIDED "AS IS." TI DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS SITE. WE DO NOT WARRANT THAT THIS SITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TI makes no representations or warranties that this Site is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Site or TI’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND YOU AGREE TO HOLD TI HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS SITE.   

15. Social Media. TI welcomes customers to share Your Content and information about TI’s Services through social media. When you use social media to share Your Content, you grant TI the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.
16. Links. The Site may contain links to other websites or mobile applications (“Linked Sites”) operated by parties other than TI. TI has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and TI is not responsible for the content of any off-site pages or other Linked Sites. TI’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators. Except as set forth herein, we do not share your personal information with Linked Sites, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third-party websites.
17. Class Action Waiver. READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a claim as a class, collective or representative proceeding in court or before an arbitrator against TI and/or its affiliated entities. Further, unless both we agree in writing, the arbitrator may not consolidate your claim with another person's claim and may not otherwise preside over any form of a representative or class proceeding.
18. Termination. We may block, suspend, or terminate your use of the Site, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. TI is unable to verify or authenticate any information you provide to us; or c. TI believes that your actions could cause financial loss or legal liability to TI or other users of the Site; and d. routine network maintenance affecting all users.
19. Changes to this Agreement. We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Site or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
20. Jurisdictional Issues. The Site is controlled and operated by TI from its principal office in Miami, Florida, and is not intended to subject TI to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. TI does not represent or warrant that the Site or the Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Services do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Content to (or to a national or resident of), or to use all or any part of the Content from (as applicable): (a) Cuba, Iran, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
21. Arbitration, Governing Law and Forum. Any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Site shall be settled by arbitration, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration proceeding shall be Miami, Florida (U.S.A.), unless otherwise agreed by the parties or ordered by the arbitrator. The arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, and the United States of America, without regard to its principles of conflicts of law. To the extent the arbitration provision above is held invalid or unenforceable, the federal and state courts located in the State of Florida shall have exclusive jurisdiction over any controversy, claim or dispute arising out of this Agreement or the use, viewing or access to the Site, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to said courts.

22. General. This is the entire Agreement between you and TI and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. TI’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

23.Contact
Direct all questions regarding this statement to: