Terms & Conditions

Design Heights by Alicia, LLC
Last Updated: April 27, 2023

The following Terms and Conditions of Use (“Terms”) are entered into by and between You (hereinafter referred to as “you”, “your”, “user” or “Client”)  and Design Heights by Alicia, LLC (referred to as “Company,” “we”, “us” or “our”).

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.designheightsbyalicia.com, and any subdomains (“Website”), including all materials, resources, information, and services (“Services”) on the Website, whether as a guest or registered user. 

Your access to and use of the Website and Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCESSING OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM.  IF YOU DISAGREE WITH ANY PART OF THE TERMS, YOU MAY NOT ACCESS THE WEBSITE.

Any new features or tools which are added to the Website and which shall be available to you shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on our Website. 

Design Heights by Alicia, LLC reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to our Website at our sole discretion. It is your responsibility to check the Website periodically for changes. Your continued use of, or access to, the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

PRIVACY POLICY

Your use of the Website is subject to the our Privacy Policy https://www.designheightsbyalicia/privacy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to our Disclaimer https://www.designheightsbyalicia.com/disclaimer.  Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

LAWFUL PURPOSES

You may not use the Website for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). A breach or violation of any of the Terms will result in an immediate termination of your access to the Website. 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. 

You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

SERVICES

In order to register for Services, you must create an account and pay through a third-party link provided (referred to as your “Account”). In setting up your Account, you will need to provide a valid name, e-mail address, your credit card information (when applicable), and where appropriate, fill out a form which constitutes as your profile which will include other pertinent information (together, your “Personal Information”). We may ask additional questions about you after your purchase in order to provide you better Services. 

The Personal Information you provide to the Company upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept up-to-date at all times. We are not responsible for any errors made by you when creating your Account or providing any Personal Information. 

FEES AND PAYMENT

The cost for any Services shall either be displayed on the Website or agreed upon separately by the parties.  Any prices, discounts, and promotions available on the Website are subject to change without notice and pricing may change for Services in the future. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance.

RELATIONSHIP 

Creating an account and or purchasing a Service does not represent or create any agency, employment, or partnership relationship between any Client and the Company. Design Heights by Alicia, LLC is not the employee of, and does not act as an agent for, any Client. 

LICENSE TO CONTENT

Clients will receive one limited license for any downloadable content as part of the purchased Services (“License”). Any License shall not be transferred, shared, sold, or assigned to any other individual without the approval of the Company. Client agrees that they shall not give any other individual their Account information to gain access to any content provided by the Company. 

You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit any content from the Services, or any portion thereof. The License will terminate if you violate any of these restrictions.

Our Services are based on trust, and Clients agree that they shall not give any other individual their Account information to gain access to any content provided by the Company. No Client may act in a way that diminishes or circumvents our Services. 

You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your Account. You are responsible for any act or omission of any individual that accesses your Account that would be deemed a violation of these Terms. It shall be your responsibility to notify the Company immediately if you notice any unauthorized access or use of your Account or password, or any other breach of security. The Company shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

USE OF THE WEBSITE

By using our Website, you represent that you are at least eighteen (18) years of age or older. Minors that use the Website do so under your direct supervision as their parent or legal guardian who agree to be bound by these Terms on their behalf. If you are agreeing to these Terms on behalf of a minor, then you are fully responsible for his or her use of the Website and Services, including all liabilities.

We reserve the right, but do not have the obligation, to pre-screen, refuse and/or delete any content currently available through this Website. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive. 

Services may include an online forum and a social networking community. Your engagement with these forums and any Services (including but not limited to, interaction with other community members, advertisers, materials viewed) may be shared with others in accordance with the Privacy Policy and these Terms. 

EMAILS & MARKETING

You consent to receiving communications, including but not limited to, e-mails, text messages, and/or calls regarding newsletters, site updates, promotions, and other announcements and correspondence.  We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.

You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Site, including promotions.

USE OF FREE DOWNLOADABLE CONTENT

We may make resources on this Website accessible to users in exchange for providing an email address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.

By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.

By accessing or downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website. 

You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. 

For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.

You further grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

PROTECTION OF CONFIDENTIAL INFORMATION

In performing Services, Design Heights by Alicia, LLC may have access to sensitive or confidential information related to Client’s business (“Confidential Information”). The Company agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Services, and in accordance with Client’s instructions. The Company shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. We will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. We will return all Confidential Information to Client upon termination of this Agreement.

The Company may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of the Company; (ii) Client grants permission for such disclosure in writing; or (iii) the Company obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) the Company reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.

“Confidential Information” of the Client includes but is not limited to some or all of the following, whether in documentary, electronic or any other form: client or customer lists; prospective client or customer lists; sales leads; Client’s business methods and competitive strategies; information concerning the preferences, requirements, transactions, creditworthiness and characteristics of the Client’s clients or customers and prospective clients or customers; pricing lists, policies and practices; sources of supply; negotiating strategies; computer software; technical information; sales techniques; financial information; financial reports; data; books and reports; specifications; strategic and technical data; marketing data; market research data; product research and development data; trade secrets; information concerning the Client’s business plans; other information concerning the Client’s finances, technology and operations; and any other information about or generated by the Client which could, if disclosed, be useful to any competitors of the Client. 

In receiving the Services, the Client will have the benefit of proprietary systems, strategies and techniques developed by Design Heights by Alicia, LLC (“Company’s Proprietary Information”). Client acknowledges that the Company’s business relies on the Company’s ability to provide such insights to various clients. Client agrees not to disclose the Company’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.

The Company and Client agree that any breach of the terms of this section will result in irreparable injury to the injured Party for which monetary damages on their own would be inadequate. As such, the Parties agree that the injured Party shall have the right to seek an immediate injunction enjoining any breach or threatened breach of this section, notwithstanding any other limitation of liability in this Agreement.

CONSENT TO USE INFORMATION 

Client agrees that the Company may use the Client’s name, logo, and/or image and materials created by the Company in performance of the Services in Consultant’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Services. The Company agrees to limit the selection, timing, and method of release of any materials under this section as requested by the Client. The Client releases Design Heights by Alicia, LLC from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section.

COMMUNITY GUIDELINES AND NEGATIVE REVIEWS: 

Design Heights by Alicia, LLC was developed to be a supportive, respectful, enjoyable, positive, and helpful service for clients. This section outlines the shared agreements to which Clients must adhere to be participants in any Services. The essential expectations are that Clients respect self and others, demonstrate integrity, abide by laws and principles of fairness, and embody kindness and civility.

You acknowledge, understand, and agree that all information, text, data, photographs, messages, tags, or any other content, whether publicly or privately posted to and/or transmitted through the Website, is your expressed sole responsibility. You agree not to make use of the Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:

1. Uploading, posting, transmitting or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racism, hatred, or profanity;    

2. Causing harm to minors in any manner whatsoever; 

3. Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity; and/or

4. Is argumentative in nature, uses an aggressive or bullying tone, is sarcastic or demeaning of another professional, includes profanity or vulgarity, or is focused on any divisive political rhetoric. 

Design Heights by Alicia, LLC may remove a review or feedback for any reason, at any time, without notice. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comment or statement (written or oral) that intentionally or unintentionally misrepresents or deliberately seeks to disparage, create a negative impression of, or is intentionally detrimental to the reputation of Design Heights by Alicia, LLC or its Services associated therewith. 

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”).  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or the property of our licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

THIRD-PARTY RESOURCES

The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

NO GUARANTEE OF AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Information provided on the Website and any resources provided on or available for download from the Website is subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.

We reserve the right to withdraw or amend this Website and any Service or material provided on the Website in its sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.

SECURITY 

The security of your contact information is of utmost importance to us.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.

NO WARRANTIES 

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

NO REFUND POLICY 

Design Heights by Alicia, LLC has a NO REFUND policy due to the nature of services provided.  We reserve the right to immediately cancel and terminate service due to non-payment when a payment plan option is chosen, if payment is not received in a timely manner.

NO CHARGEBACKS

The Client will not issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, Stripe, PayPal) for any reason whatsoever related to the Service. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

CONCERNS

If you are unhappy with our Services, please contact us as soon as possible and we will do our best to rectify the situation. Should Design Heights by Alicia, LLC, in our sole discretion, decide to refund or credit you any amounts paid, that refund or credit shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

You agree that Design Heights by Alicia, LLC may immediately suspend, terminate, discontinue and/or limit your Account, Website, and access to any of our Services in our sole discretion, for any reason, including but not limited to:

1. Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

2. By way of request from law enforcement or any other governmental agencies;

3. The discontinuance, alteration or material modification to the Services, or any part thereof;

4. Any engagement by you in any fraudulent or illegal activities; and/or

5. The non-payment of any associated fees that may be owed by you as a Client. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access to the Website or Services shall be made in our sole discretion and that we shall not be liable to you or any other third-party with regard to the termination of your Account, associated email address, access to the Website, and/or any of our Services. 

CHANGED TERMS

We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers.

NOT LEGAL ADVICE

Any information obtained through our Services is not intended as, and shall not be understood or construed as, legal advice. While we may provide some supplemental and occasional resources or articles on legal topics taught or written by attorneys or legal professionals, the information contained on this Website is not a substitute for legal advice from a licensed attorney who is aware of the facts and circumstances of your individual situation.

NOT TAX ADVICE 

Any information obtained through our Services is not intended as, and shall not be understood or construed as, tax advice. The information contained on this Website is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation. 

NOT MEDICAL ADVICE

Any information obtained through our Services is not intended as, and shall not be understood or construed to take the place of medical advice from a health care professional. Exercise, diet and health related matters vary from person to person. Nothing on this Website shall be considered, construed as, or used as a substitute for, medical advice, diagnosis or treatment. Any action taken based on the contents of this Website or the Resources is solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well-being before proceeding with any action pertaining to health-related issues. We assume no liability for the use or misuse of information on this Website. 

NOT PROFESSIONAL ADVICE 

Any information obtained through our Services is not intended as, and shall not be understood or construed as, professional advice. While the contributors, employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from any professional who is familiar with your situation.

NO GUARANTEES

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE. 

ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. 

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.

The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from gross negligence or willful misconduct, or (ii) death or bodily injury resulting from acts or omissions.

DISPUTE RESOLUTION

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction. 

CLASS ACTION WAIVER

Any arbitration shall be conducted in each Client’s individual capacity only and not as a class action or other representative action. Client expressly waives their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.

GOVERNING LAW; JURISDICTION; MEDIATION

These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of Florida, and the courts of the state of Florida shall have jurisdiction to hear and determine any dispute arising in relation to these Terms.  You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in the United States, Florida and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

FORCE MAJEURE

Design Heights by Alicia, LLC will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not relating to a workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.

Notice to California Clients. Under California Civil Code Section 1789.3, California clients are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 

STATUTE OF LIMITATIONS 

You agree that regardless of any statute or law to the contrary, any claim or cause of action against the Company arising out of or related to the use of the Website, our Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at designheightsbyalicia@gmail.com.

These Terms and Privacy Policy & Disclaimer will be deemed the final and integrated agreement between you and the Company on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Design Heights by Alicia, LLC in connection to the use of the Website and the Services defined herein.

CONTACT INFORMATION

The owner of this website is Design Heights by Alicia, LLC. You may contact us by email at designheightsbyalicia@gmail.com or by mail at 26246 Wesley Chapel Blvd, Lutz, FL 33559.