Last Revised June 16, 2017
The following are terms and conditions (the "Terms of Service") of a legal agreement between you and SenseInternational, LLC, a Florida company, and its subsidiaries and affiliates (collectively, "Sense Ecuador®", “Sense”, “we”, “our”, or “us”). By accessing, browsing, and/or using this website at http://www.sensecuador.com (the "Site") you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service and to comply with all applicable laws and regulations (the “Agreement”). If you do not agree to these terms, do not use this Site.
1. Description of the Services
Sense Ecuador® provides our customers with online access to purchase certain Ecuadorian products, including but not limited to, fresh flowers, preserved flower arrangements, chocolates, coffee, fine alpaca garments, avocado oil products, and fine straw hats and bags. You may access our selection of Ecuadorian products through our websites and domains, including www.sensecuador.com, and all subdomains, webpages, and country level domain variants. We refer to all of these as our “Services.”
YOU AGREE THAT BY USING OUR SITE AND SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
2. Acceptable Use of the Services
In connection with your access and/or use of the Services, you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including networks and servers connected to the Services; (b) introduce a virus, worm, Trojan horse, or any other malicious or harmful software code, data, or file that may damage, interference with, intercept or expropriate any system, data, personal information or property of another; (c) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (d) use the Services on a service bureau or shared basis; (e) host the Services to be accessible by third parties; (f) sell, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (g) utilize the Services in connection with any activity that would constitute a violation of any applicable law, regulation or ordinance; (h) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (i) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (j) transmit any files or materials protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do the same; (k) utilize “software robots,” “robots,” “spiders,” “web crawlers” or utilize computer programs that recursively query the Site over the Internet without prior written permission from us.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Intellectual Property
We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Our intellectual property includes content included on or comprising the Site and Services, including but not limited to information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material.
You shall not use SENSECUADORTM service or product names, logos, or trademarks, unless first expressly authorized to do by us in writing.
4. User Submitted Content
Any information you submit or upload to the Site, such as those relating to your account, profile, etc., created by you (“Your Content”) is your sole responsibility. This means that you, and not us, are entirely responsible for all of Your Content that you upload, post, link to, email, transmit or otherwise make available via the Services. We cannot ensure the security of any information you post on publicly available areas of the Services. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Services.
We do not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen Your Content, but that we do have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Services. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, legality, timeliness, completeness, or usefulness of Your Content. You further agree to not intentionally provide false or misleading information on the Service. You are prohibited from uploading or transmitting to or from this Service any unlawful, threatening, libelous, defamatory, or inflammatory material, or any other material that could give rise to any civil or criminal liability under the law.
You acknowledge and agree that we may archive Your Content and may also disclose Your Content at any time and for any reason.
5. Third Party Content
The Site and the Services contain information, advice, text, photographs, videos and other materials (collectively, the “Materials”) that are provided for your convenience and enjoyment. Third parties may provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Site or in the documents and policies of third parties. You should review all third-party terms and conditions prior to use. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
6. Allergy Disclaimer
We do not assume responsibility for products, purchased through the Site, which cause allergic reactions of any kind. If you purchase, use, and/or consume any such product, you agree that you do so at your own risk and that we will have no liability based on such purchase, use, and/or consumption. Materials on this Site are for reference purposes only and are not intended to substitute for advice given by a doctor.
By purchasing or otherwise using the Services, you agree that you have read our Refund Policy (www.sensecuador.com/refund-policy), that you understand our Refund Policy, and that you consent to the terms and conditions of our Refund Policy.
By purchasing or otherwise using the Services, you agree that you have read our Delivery Policy (www.sensecuador.com/delivery-policy), that you understand our Delivery Policy, and that you consent to the terms and conditions of our Delivery Policy.
10. Terms and Termination
The term of this Agreement will continue upon your Acceptance and will continue in effect until terminated. We reserve the right to terminate this Agreement at any time with or without written notice to you. If we become aware of any possible violations by you in your use of the Services, or any other provision of this Agreement, we reserve the right to investigate such violations, and may, at our sole discretion, terminate, or suspend your use of the Services without prior notice to you.
You may terminate your access to the Services and this Agreement by deleting your account.
All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and forum, and intellectual property protections).
11. Changes to Services and Agreement
We expressly reserve the right to, at any time and from time to time, modify, suspend, or discontinue the Services or any parts thereof at our sole discretion.
We expressly reserve the right to make changes to this Agreement, at any time and from time to time, as the Services change. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement so that you will be apprised of any changes thereto, available at http://www.sensecuador.com.
12. No Warranty
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THE SITE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY.
13. Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $5 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us, our affiliates, directors, officers, employees and agents from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorneys’ fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of our vendors, customers, or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or known, arising out of or connected with disputes between you and third parties in connection with the Services.
16. Choice of Law
This Agreement will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof.
If any dispute, controversy, or claims cannot be resolved in good faith between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Miami-Dade County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts.
We recognize that the courts of some countries do not apply the laws of Florida, USA to certain disputes. If you reside in one of these countries where Florida law is excluded from being applied, your country’s law will then apply to such disputes related to this Agreement. Similarly, if the courts in your country do not permit you to consent to the jurisdiction and venue of Miami-Dade County, Florida, USA, then your local jurisdiction and venue will apply to such disputes related to this Agreement.
17. Entire Agreement
This Agreement sets forth the entire agreement between you and us regarding the use of the Services. You agree that there are no representations or obligations regarding your use of the Services other than those reflected in this Agreement, and that you are not relying on any representations or obligations regarding your use other than those reflected in this Agreement.
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
19. Force Majeure
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, volcano, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, riots, government actions, airport closure, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
20. Consent to Data Usage