Terms & Conditions
TERMS & CONDITIONS
LAST UPDATED ON OCTOBER 19, 2023.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE(S) AND/OR MOBILE APPLICATION(S).
- Agreement to Our Legal Terms
These terms and conditions (“Terms”) represent a legally binding agreement that governs your use of, and purchase of products (collectively, “Use”) as a customer ("User", "you" or "your") from LA ILUSION, INC.’s ("LA ILUSION", "we", "us" or "our") website, shopilusion.com, accessible from http://www.shopilusion.com/ (“Website”), and our mobile application (“Mobile App”), including, without limitation, any additional, substitute or replacement website(s) or mobile application(s) of ours (collectively, our "Site"). Your access to and Use of the Site is conditioned on your acceptance of and compliance with these Terms.
The term "Use" includes, without limitation, access to the Site, registering, browsing, making purchases, obtaining customer service and using the features and functions of the Site.
BY ACCESSING OR USING THE SITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE LEGAL TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
TO RESOLVE DISPUTES, THESE TERMS INCLUDE A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN PARAGRAPH 29 WHICH SHOULD BE CAREFULLY REVIEWED.
2. Modifications to Our Legal Terms
We reserve the right, in our sole discretion, to change, modify, or otherwise amend these Terms, and any other documents incorporated by reference herein, at any time and such changes will be effective immediately upon being posted on the Site. We will alert you about any changes by updating the “Last updated” date of these Terms, (see above) and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms for any updates/changes. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any updated Terms by your continued Use of the Site after the date we post such updated Terms. If you do not agree to abide by any such future updated Terms, you are expressly prohibited from using the Site and in such a case, you must discontinue Use immediately.
- Site Ownership Rights
We own and/or license all aspects of the Site, including, without limitation, all original content, features and functionality of the Site (collectively, the “Site Contents”), which are protected by the intellectual property laws of both the United States and other foreign countries. The Site Contents include, without limitation, all names, logos, brands, trade names, trademarks/service marks, icons, artwork, graphics, designs, images, music, text, wallpaper, photographs, sound, videos, programming, computer codes, data, materials and other information in any form and format associated with or applicable to the Site, and all otherwise legally protected elements of the Site.
Except as noted below (Permitted Use), you agree that you will not (i) make any use of the Site Contents unless you receive our advance, express written consent, or (ii) reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site Contents. Failure to do so constitutes a material breach of these Terms, which may result in immediate termination of your User Account and in such a case, your right to use our Site will terminate immediately.
- Eligible Users of the Site
You must be at least 13 years of age to Use the Site (a “User”). If you are deemed to be a “minor” (i.e. under the age of majority in your U.S. State of residence), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian.
By using the Site, you represent that you are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
6. User Accounts
In creating your User Account, you must provide us with information that is truthful, accurate, complete, and current at all times. Failure to do so constitutes a material breach of these Terms, which may result in immediate termination of your User Account and in such a case, your right to use our Site will terminate immediately.
You alone are responsible for safeguarding your User Account login identification and password (collectively, “Login Information”). You agree not to disclose your Login Information to any third party. You are responsible for all activity that occurs on the Site under your User Account and will notify us immediately of becoming aware of any breach of security or unauthorized use of your User Account.
You agree that we will not be liable for your losses caused by an unauthorized login or Use of your User Account. Notwithstanding the foregoing, you may be liable for our losses or others’ losses caused by an unauthorized login or Use of your User Account.
We reserve the right to refuse access to or Use of the Site to anyone for any reason at any time.
7. Permitted Use of the Site
Subject to your compliance with these Terms, we hereby grant to you a limited, revocable, non-transferable license to use the Site and the Site Contents solely for your personal, non-commercial use, with no other right, title, or interest in the Site or the Site Contents hereby granted or transferred to you. You acknowledge that any unauthorized use of the Site or the Site Contents is expressly prohibited by these Terms and applicable, which may result in both civil damages and criminal penalties.
Any permitted Site Contents downloaded or otherwise lawfully obtained through your Use of the Site is done at your own risk. We will not be responsible for any losses that may result from the download of any such materials or any damage that may be caused to your devices.
We reserve the right in our sole discretion to revoke your right to Use the Site without any notice to you.
8. Modifications to the Site/Site Contents
We reserve the right, in our sole discretion, at any time and from time to time, to modify, suspend or discontinue, temporarily or permanently, in whole or in part, the Site, the Site Contents, and any service, features, or products offered through the Site without notice to you. You acknowledge and agree that on the occurrence of any of the above, we will have no liability to you or any third party.
9. User Content
Portions of the Site may provide you with the opportunity to submit, upload, post and publish (collectively, "Post") content to the Site, including reviews, testimonials, photos/video, images, text and other types of data submissions (collectively, "User Content"). For any User Content that you Post to the Site, you hereby grant us an irrevocable, worldwide, royalty-free, unconditional and unrestricted, perpetual right and license (“User License”) to use, modify, publish, display, reproduce, and distribute your User Content on and through the Site, in any form or format, through any medium, in whole or in part, and for any purpose, commercial or otherwise. You acknowledge and agree that this User License includes the right for us to make your User Content available to other Users of the Site for use subject to these Terms. We acknowledge that you retain any copyright and other proprietary rights that you may hold in the Posted User Content, however, you are responsible for protecting those rights.
You are solely responsible for User Content Posted to the Site, including its legality, reliability and appropriateness. By Posting User Content to the Site or any Third-Party Sites (see “Third-Party Service Providers” below), you represent and warrant to us that:
(a) the User Content will be original to you or you have the necessary licenses, rights and permissions to authorize us, our Social Media Platforms and other users of the Site to use and distribute your User Content in exercise of the User License granted by you under these Terms;
(b) use of the User Content will not (i) violate these Terms or any law or regulation, (ii) cause us to violate any law or regulation or otherwise cause liability for us, (iii) infringe upon or misappropriate any third-party right, including any intellectual property or proprietary right; and.
(c) the User Content will not be (i) profane, obscene, indecent, pornographic, threatening, harassing, hateful, tortious or otherwise inappropriate or unlawful, (ii) intended to injure, libel, slander, defame or cause damage or hurt of any kind to any other person, or (iii) infringe upon the moral right, right of privacy, publicity or other property rights of any other person.
You understand and agree that all Postings to the Site using your User Account will be attributable to you and you will be responsible for any such Posting, even if you personally did not make the Posting.
10. Site Feedback
Feedback” collectively means all comments, ideas, innovations, materials, information, or suggestions sent by you regarding the attributes, performance or features of our Site.
We welcome your comments and feedback regarding our Site, our products, and our services. However, we do not accept confidential or proprietary information, and as such, all Feedback using the Site or otherwise is not confidential. Furthermore, for the User Content that you Post to the Site, you acknowledge that you have no expectation of or right to privacy with regard to any such Posting(s). You assign all rights, title and interest in any Feedback you provide us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
- Site Restrictions
You acknowledge that when you Use the Site, you may not engage in any of the following or any other objectionable actions/activities:
- Posting User Content that is: unlawful or promotes unlawful activity; offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene; discriminatory such as references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups; interfere with others' Use of the Site; constitutes unsolicited or unauthorized advertising or commercial communications; contains or installs any viruses or other content that is designed or intended to disrupt, damage, or limit the functioning of the Site; violates, infringes on or misappropriates any proprietary rights of any party; Impersonates any person or entity including LA ILUSION and its employees or representatives.
- Engaging in activities that: are designed to obtain unauthorized access to the Site/Site Content; alter or tamper with any Site Content; are intended to collect data from the Site including password, account, or any other personal information from any User; attempt to circumvent any measures we implement to protect or restrict access to the Site.
- Right to Edit User Content
We do not endorse, support, encourage, verify, or necessarily agree with any User Content Posted to the Site. We reserve the right, at any time and without prior notice, to review, screen, remove, edit, move, delete, or block any User Content, in our sole discretion.
- Disclaimer as to User Content
By providing you and its other users with the ability to Post User Content on the Site, LA ILUSION is not undertaking any obligation in connection with any User Content or activities on the Site. We expressly disclaim any and all liability in connection with any User Content Posted to the Site and for the conduct of the User submitting/Posting the User Content.
- Third-Party Service Providers
Third parties may act as our service providers, amongst other things, hosting and displaying our branded materials on websites and social media platforms, such as Facebook, Twitter, and Instagram (collectively, "Third-Party Sites”). You acknowledge and agree that any content Posted or displayed on or through these Third-Party Sites will be considered “User Content” and you will be solely responsible for the consequences of the Posting or display of your User Content
- Links to Other Websites & Services
Our Site may contain references to, URL’s, links and other material related to, or associated with third-party websites, content, information and/or materials (collectively, the “Linked Sites”) that are not owned by us. You access the Linked Sites at your own risk and by accessing them you leave the LA ILUSION Site. Since we have no control over the Linked Sites, we assume no responsibility for the content, privacy policies, or practices of any Linked Site. We strongly advise you to read the terms and conditions and privacy policies of any Linked Site that you visit.
Furthermore, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any Linked Site.
- Mobile Application Use License
If you access our services via our Mobile App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile App on wireless electronic devices owned or controlled by you, and to access and use the Mobile App on such devices strictly in accordance with these Terms. You shall not: except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; violate any applicable laws, rules, or regulations in connection with your access or use of the App; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; use the App to send automated queries to any website or to send any unsolicited commercial email; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
17. Copyright Policy-Digital Millennium Copyright Act
If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (see below for contact information) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and,
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
YOU CAN CONTACT OUR COPYRIGHT AGENT VIA EMAIL AT: Lic. Agustin Prendes email@example.com.
WARNING: If you fail to comply with all of the requirements above, your notice may not be valid.
Upon receipt of your written notification, we will take whatever action, in our sole discretion, we deem appropriate, including, without limitation, removal of the infringing content from our Site, suspending or terminating the subject user’s access to the Site, terminating the subject User Account and any other action against the subject user who infringes the copyright rights of others. We may at our discretion suspend or terminate the access of and take other action against Users, subscribers, and User Account holders who infringe the copyright rights of others.
- Marketing Promotions
As a registered Account holder, you are automatically entered in our database as "accepts email marketing." You can always unsubscribe or opt-out from our newsletters or email marketing to you at any time. To do this simply click "unsubscribe" at the footer of any email we send or contact us directly by phone or email.
- Product Availability
Please be aware that in all cases, items may be out of stock, discontinued or not available in your area. If merchandise is not available by the time your order processes, we will notify you of this via email.
- Product Information; Errors
Product information is for informational purposes only and we cannot guarantee what you see on the Site accurately displays the item in every respect and/or all specifications of the item in every case. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate.
Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after any information has been corrected, please contact our Customer Service Department immediately at (855) 458-4968 or firstname.lastname@example.org.
21. Pricing Policy
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. The prices displayed on the Site are quoted in U.S. Dollars. The Company reserves the right to revise its prices at any time.
22. Processing of Orders
We reserve the right to cancel or reject any order placed on the Site, including for pricing errors. We reserve the right, in our sole discretion, to limit quantities on orders placed and/or prohibit purchases of any products to distributors or third-party resellers.
If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to the processing of your order, without limitation, your name, email, phone number, credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the processing of the order initiated by you.
You agree to pay all charges that may be incurred by you through the Site, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to the processing of your order. You represent and warrant that: (a) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; (b) the information you supply to us is true, correct and complete, and (c) you authorize us to charge all applicable amounts for the order(s) that you make to the payment method specified at the time of purchase.
- Shipping and Returns Policy
You will receive a shipping confirmation email once your items have shipped. For information about our Shipping and Return Policies, please visit our Shipping and Returns Page.
24. Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons, including without limitation, product availability, errors in the description or prices or errors in your order. Likewise, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We may, in our sole discretion, limit quantities purchased per person, per household or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
25. Disclaimer, Limitation of Liability & Indemnity
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LA ILUSION AND ITS RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER LA ILUSION NOR ANY OF ITS PROVIDERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF LA ILUSION ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER LA ILUSION NOR ITS RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES OR RELATED ENTITIES OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.
LA ILUSION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF LA ILUSION'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LA ILUSION AND ITS RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR USER ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY NEGLIGENT OR WRONGFUL CONDUCT. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM TO WHICH WE ARE ENTITLED TO INDEMNITY AND YOU AGREE TO FULLY COOPERATE WITH US IN THE DEFENSE THEREOF AND ANY SETTLEMENT, COMPROMISE OR NEGOTIATIONS, AS REQUESTED BY US.
If any part of these Warranty Disclaimers or Limitations of Liability is found to be invalid or unenforceable for any reason or if LA ILUSION is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the total amount of the lesser of (a) one hundred fifty dollars (USD $150.00), or (b) the total USD amount of purchases (including taxes and shipping and handling) from the Site in the past six (6) month period immediately preceding the occurrence on which the claim is based.
NOTE: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as that stated above. As a result, some of the above Disclaimer, Limitations of Liability and Indemnities may not apply in your case or to you. To the extent applicable law prohibits us from disclaiming any warranty or limitation of liability such as that stated above, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
26. Termination of Terms/User Account
You may cancel your User Account, use of the Site and/or terminate these Terms with or without cause at any time by contacting LA ILUSION customer service.
You hereby acknowledge and agree that LA ILUSION, in its sole and absolute discretion, has the right (but not the obligation) to terminate these Terms or your User Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. In such event, we will not be liable for any issues arising from your User Account termination. On termination of these Terms or your User Account you are no longer authorized to access the Site and you must immediately cease Use of the Site provided, however, all provisions of these Terms which are by their nature intended to survive, will survive termination.
You agree that LA ILUSION may provide you with notices, including those regarding changes to these Terms and all documents incorporated by reference herein, by email, regular mail, or Postings on the Site.
- Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or Use of the Site (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
- Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
- Exceptions to Informal Negotiations and Arbitration
The Parties agree that to following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
- CALIFORNIA Users and Residents
If any Dispute with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
32. Governing Law; Waiver of Class Action Rights
These Terms, all documents incorporated by reference herein and all matters relating to your access to or Use of the Site, including all disputes, shall be governed in all respects by applicable federal laws and the laws of the State of California, without reference to its conflict of law provisions. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the Los Angeles Superior Court, Los Angeles, California or the United States District Court, Central District of California located in Los Angeles, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AND ANY CLAIM ARISING OUT OF, RELATING TO OR CONNECTED WITH THESE TERMS, OR YOUR USE OF THE SITE, MUST BE ASSERTED INDIVIDUALLY.
33. General Provisions
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
- No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision and LA ILUSION’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
- You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- You agree that communications and transactions between us may be conducted electronically.
- The Paragraph headings in these Terms are for convenience only and have no legal or contractual effect.
34. Contact Us
If you have any questions concerning these Terms and Conditions and/or the Use of the Site, please contact us by using any of the methods shown on our "Contact Us" Page. When contacting us by email, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may expedite your response.