Terms and conditions of use
Welcome to the ILIANA website, www.ilianastore.com (the “Iliana Website”), owned and operated by Iliana,llc. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Iliana Website and Iliana services, applications, content and products (collectively, the “Site”). Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Iliana, llc reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Iliana,llc provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Iliana property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Iliana,llc. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH ILIANA (INCLUDING CLAIMS RELATING TO ILIANA’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY ILIANA, OR ILIANA’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: ILIANA 1116 E 26th ST. Houston, TX 77009 ATTN: GENERAL COUNSEL, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (’AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS, WITHOUT MERIT OR OTHERWISE NON-REMIMBURSEABLE, ILIANA llc WILL REIMBURSE YOUR REASONABLE ATTORNEY’S FEES AND COSTS FOR CLAIMS TOTALING LESS THAN $10,000 AND AGREES NOT TO SEEK ATTORNEYS’ FEES OR COSTS FROM YOU. (IN DETERMINING WHETHER AN ACTION IS FRIVOLOUS, THE ARBITRATOR MAY CONSIDER WHETHER ILIANA HAS OFFERED YOU A FULL REFUND OF THE SUM YOU PAID FOR ITEMS YOU PURCHASED FROM ILIANA, OR HAS OTHERWISE OFFERED FULL RELIEF TO YOU IN RELATION TO YOUR INDIVIDUAL CLAIM.) IN LIEU OF ARBITRATION, EITHER YOU OR ILIANA MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY ILIANA INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
CLASS ACTION WAIVER
You and Iliana agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.
Governing law
By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State Texas, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
Prohibited uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Iliana specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
• Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
• Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
• Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
• Attempting to interfere in any way with the Site’s or Iliana’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
• Communicating, transmitting or posting material that is in violation of applicable laws or regulations
• Using the Site to harass, disrupt, or unlawfully interfere with Iliana business interests
Limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Iliana merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.
Security rules
Violations of system or network security may result in civil or criminal liability. Iliana investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
• Accessing data not intended for you or logging on to a Iliana server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
International use
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
Product and pricing information
Although Ilian has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Iliana cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Iliana is not responsible for typographical errors regarding price or any other matter. Likewise, Iliana does not warrant the accuracy of customer product ratings, comments or feedback.
Proprietary rights
As between you and Iliana (or any other company whose marks appear on the Site), Iliana (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Iliana logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Iliana Intellectual Property”) are owned by Iliana and may be registered in the United States and internationally. You agree not to display or use Iliana Intellectual Property in any manner without Iliana’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Iliana Intellectual Property without the prior written consent of Iliana. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Iliana. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
User content and material
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #JCREW or any other Iliana promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Iliana and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Iliana will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Iliana shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Iliana retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Iliana, you will furnish Iliana any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Iliana and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Iliana does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Iliana and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Iliana or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Iliana has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Iliana acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Iliana becomes aware of any User Content that allegedly may not conform to these Terms, Iliana may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Iliana has no liability or responsibility to Users for performance or nonperformance of such activities.
ILIANA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ILIANA FOR SUCH REMOVAL AND/OR DELETION. ILIANA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
Copyright complaints
Iliana respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Iliana’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
d. information reasonably sufficient to permit us to contact the complaining party;
e. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to: info@ilianastore.com
(For both mail and email notices, please include “Notice of Infringement” in the subject line.)
Upon receipt of notices complying with the DMCA, Iliana will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
c. statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
d. your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Iliana may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ILIANA ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Privacy policy
Notwithstanding anything else to the contrary contained in these Terms of Use, Iliana’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Iliana’s protection of your personal information, please refer to our Privacy Policy page.
Disclaimers and limitation of liability
Iliana publishes information on its Site as a convenience to its visitors. While Iliana attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Iliana products described on the Site may not be available in your region. Iliana does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” ILIANA DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ILIANA DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ILIANA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Iliana makes no warranties of any kind regarding any non-Iliana sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Iliana makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Iliana sites. Iliana does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL ILIANA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ILIANA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
With the exception of disclaimers and limitations related to warranties, the disclaimers and limitations of liability set forth shall not apply to use of the Site or products purchased through the Site from the State of New Jersey.
Indemnity
You agree to defend, indemnify and hold Iliana, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Governing law and disputes
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Iliana shall be submitted to confidential arbitration in Houston, Texas. However, if you have in any manner violated or threatened to violate any Iliana Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
General information
These Terms constitute the entire agreement between you and Iliana and govern your use of the Site, and they supersede any prior agreements between you and Iliana. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Iliana may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Iliana’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between Iliana and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Iliana or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Iliana to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Iliana’s express written consent. The Terms inure to the benefit of Iliana’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.
Mobile Messaging Service Terms
The Iliana mobile message service (the "Service") is operated by Iliana (“Iliana”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). Iliana and you are sometimes hereinafter referred to as a”party” and jointly as the “parties”.
1. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such modifications shall constitute your acceptance of changes.
2. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
3. Text messages may be sent to you using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Iliana via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (713) 419-4307 to cancel at any time. You will then receive a one-time opt-out confirmation text message. If you have subscribed to other ILIANA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (713) 419-4307 or email info@ilianastore.com.
4. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including STOP or HELP requests, you send to a short code or telephone number have been changed may not be received, and we will not be responsible for honoring requests made in such messages.
5. Neither the wireless carriers supported by the Service nor ILIANA are liable for delayed or undelivered messages. You agree to provide us with a valid mobile number and to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
6. Your participation in this program is completely voluntary.
7. Neither the wireless carrier supported by the Service nor ILIANA are liable for delayed or undelivered messages. You agree to provide us with a valid mobile number and to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
8. You agree to indemnify, defend, and hold harmless from and against any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
9. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
10. Governing Law. These Terms of Service shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration agreement set forth in Section 11 below. In the event that the arbitration agreement is found not to apply to you or a particular "Dispute" (as such term is hereinafter defined), you agree that the claim will be resolved exclusively by a state or federal court located in the City, County, and State of Texas. You and ILIANA agree to submit to the personal jurisdiction of such courts for the purposes of litigating such claims. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11. Arbitration. In any claim, action, or proceeding to enforce any right or obligation of the parties arising out of or related to these terms and conditions or ILIANA's performance or your use of the Services (collectively, "Disputes"), the parties hereby waive any right they may now have or hereafter possess to a trial by jury. You and ILIANA agree to resolve all Disputes in good faith mediation. In the event no mutual resolution is reached within sixty (60) days of notice of such Dispute, the Parties have the right to resolve such Dispute via arbitration before a single arbitrator pursuant to then-current Commercial Rules of the American Arbitration Association (AAA). The arbitrator may award any relief available under applicable law, as well as an award of arbitration fees and reasonable attorneys’ fees. However, before seeking to resolve any Dispute by arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the Dispute and the relief being sought. If you and Iliana are thereafter unable to resolve the Dispute within 30 days, either you or ILIANA may proceed to file a claim for arbitration. The arbitration, information produced, and pre-and post-hearing proceedings, shall be confidential and any award shall not be used in any other action or proceeding except to enforce the award itself. Even if permitted under AAA rules, no class or collective action or arbitration may be brought against ILIANA to resolve any Dispute. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the claim as an individual.
12. Class Action Waiver. All Disputes must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum or tribunal. If the claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action or to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this “Class Action Waiver” is unenforceable, unconscionable, void, or voidable may be determined only by the courts of competent jurisdiction specified in Section 8 above, and not by an arbitrator. If this “Class Action Waiver” is found to be unenforceable, then the entirety of the arbitration agreement in Section 9 above shall be null and void.
All notices required to be given to ILIANA hereunder should be sent to ILIANA Customer Care, 1116 E 26th St, Houston, TX,77009
Last updated: Oct. 30, 2024
Last Updated April, 2024