Terms of Use

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

1. General

This website, located at www.andrea-lynn.com / www.bedelightedtoday.com / www.via-enterprises.com (the “Website”), is owned and operated by VIA Enterprises (“VIA Enterprises”). VIA Enterprises has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website. The VIA Enterprises Privacy Policy, as revised from time to time by VIA Enterprises, is a part of these Terms of Use.

2. Restrictions on Use

You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that in VIA Enterprises’ discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

3. Intellectual Property

The Website contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound. The contents of the Website are copyrighted under the United States copyright laws and the copyright laws of other countries. VIA Enterprises and all related names, logos, product and service names, designs, and slogans are trademarks of VIA Enterprises. You must not use such marks without the prior written permission of VIA Enterprises. In addition, you may not use such trademarks (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of VIA Enterprises; (c) in a manner likely to cause confusion; or (d) in a manner that implies inaccurately that VIA Enterprises sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. Website Content

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part. You may download one copy of any copyrighted material as an information resource for your personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of VIA Enterprises and the copyright owner. In the event of any permitted copying (including the single copy download described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The foregoing provisions of Section 4 are for the benefit of VIA Enterprises and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER VIA ENTERPRISES, NOR ANY OF ITS RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DISCLOSURE OF COMMUNICATIONS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIA ENTERPRISES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL VIA ENTERPRISES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF VIA ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VIA ENTERPRISES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO VIA ENTERPRISES  FOR THE APPLICABLE GOODS, SERVICES, OR CONTENT OUT OF WHICH LIABILITY AROSE, OR (B) $100.

6. Not Medical or Mental Health Advice

THE INFORMATION AND OTHER CONTENT PROVIDED IN OR THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO BE DELIGHTED’S SING4WELLNESS PROGRAM, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR MEDICAL PROVIDER AND/OR MENTAL HEALTH PROVIDER REGARDING ANY MEDICAL OR MENTAL HEALTH CONCERNS.

7. Third-Party Content

VIA Enterprises is a distributor (and not a publisher) of content supplied by third parties and users of the Website and, therefore, VIA Enterprises has no more editorial control over such content than does a public library or bookstore. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or publisher(s) and not of VIA Enterprises. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. VIA Enterprises neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized VIA Enterprises spokespersons acting in their official capacities.

8. Linking to this Website

A website that links to this site: (a) may link to, but not duplicate the content of this site; (b) may not create a frame or other border around the site content; (c) may not imply that VIA Enterprises is endorsing it or its services or products (unless VIA Enterprises has agreed to such an endorsement, in writing); and (d) may not misrepresent its relationship with or otherwise create a false affiliation, connection or association with VIA Enterprises.

 

9. Links

This website may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of VIA Enterprises. VIA Enterprises is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Further, VIA Enterprises reserves the right to terminate any link or linking program at any time. VIA Enterprises does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that VIA Enterprises shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk.

10. Modifications

VIA Enterprises has the right at any time to change or modify these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions of use to which you are bound.

 

11. Online Purchases

Returns, refunds, and exchanges

All digital products, services, gift cards, workshops, event tickets, and subscriptions purchased through the Website are final sale.

Other products, including clothing, may be returned within 14 days for a refund. Any product you return must be in the same condition in which you received it and in the original packaging. You will be responsible for the return shipping cost. Once we receive the returned item, we will refund the full amount paid for the item minus the original shipping cost.

Shipping

For items that must be shipped, you will receive an order confirmation email after placing your order. If your item(s) are available, your order will be processed for shipment. We will send you tracking information by email once your order is processed. 

12. Privacy

By using this Website, you acknowledge that you have read and accept the VIA Enterprises Privacy Policy posted on this site. Before using this site, you should carefully read the VIA Enterprises Privacy Policy. The VIA Enterprises Privacy Policy, as amended from time to time, is hereby incorporated by reference.

13. Miscellaneous

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of New York, USA, acknowledge that venue is proper in any state or Federal court in the State of New York, agree that any action related to these terms of use must be brought in a state or Federal court in the State of New York, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these terms of use is held to be invalid, void or for any reason unenforceable, such provision will be deemed replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section headings used herein are for convenience only. These Terms of Use, and all writings incorporated by reference into these Terms of Use, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

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