The Costa Christ websites are operated by Costa Christ Media LLC d/b/a Strictly natural light, Costa Christ Art LLC, and any respective subsidiaries or affiliates (collectively, “Costa Christ”). Your access to and use of Costa Christ’s websites, services, or mobile applications (collectively, the “Sites”) indicates your unconditional acceptance of these terms and conditions of use (“Terms of Use”). Costa Christ reserves the right, in its sole discretion, to update or revise these Terms of Use. Your continued use of the Sites following the posting of any changes to the Terms of Use constitutes acceptance of those changes. The Terms of Use govern the use of the Sites as well as the purchase of any products or services available through the Sites. If you do not wish to be bound by these Terms of Use, including but not limited to the class action waiver below, please do not use the Sites or purchase products or services from Costa Christ.

 

Headings are for convenience only and shall be ignored in interpreting these Terms of Use.

 

1.  LICENSE AND ACCESS

 

Costa Christ grants you a limited, revocable license to access and make personal and non-commercial use of the Sites. Any use of the Sites or their content not expressly authorized in these Terms of Use is prohibited and immediately terminates the limited license granted herein. Moreover, you are not permitted to:

• Reproduce, duplicate, copy, sell or otherwise exploit the Sites or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content (“Site Content”) for any purpose, except as expressly provided;

• Use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);

• Use any meta tags, search terms, key terms, or the like that contain the Sites’ name or trademarks used on the Sites;

• Engage in any activity that interferes with the Sites or another user’s information or use of the Sites;

• Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Sites and the products and services offered on the Sites; or

• Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

 

2.  USER ACKNOWLEDGEMENTS

 

By using or accessing the Sites, you acknowledge that:

• You are eighteen (18) years of age or older;

• The Site Content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Sites are the property of Costa Christ and are protected by copyrights, trademarks, service marks or other proprietary rights and laws;

• If you provide feedback regarding the Sites, for example, recommendations for improvements or features, implementation of that feedback is owned by Costa Christ and may become part of the Sites without compensation to you;

• Costa Christ reserves all rights in and to the Sites unless expressly stated otherwise; and

• Costa Christ reserves the right to refuse service, terminate your right to access or use the Sites, remove or edit content, or cancel orders in its sole discretion.

 

3.  DATA ACCURACY

 

You represent that all information, data, and other materials you provide on the Sites or to Costa Christ through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on the Sites, as appropriate.

 

4.  ELECTRONIC COMMUNICATIONS

 

You consent to receive communications from Costa Christ by e-mail. You agree that all agreements, notices, disclosures, and other communications that Costa Christ provides to you by e-mail satisfy any legal requirement that such communications be in writing.

 

5.  PERSONAL INFORMATION

 

Costa Christ may obtain personal information about you from various sources, including the Sites, when you call or email Costa Christ, or communicate with it through social media or uploading content to the Sites, including photographs. Costa Christ also may obtain information about you from its parent, affiliate or subsidiary companies, business partners and other third parties.

 

6.  LINKS

 

The Sites may contain links to other websites or resources that are operated by third parties not affiliated with Costa Christ (the “Linked Websites or Resources”). These links are provided as a convenience to you and as an additional avenue of access to the information contained in those Linked Websites or Resources. Costa Christ is not responsible or liable for any content, advertising, products, or other materials on or available from the Linked Websites or Resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of Linked Websites or Resources. Different terms and conditions and policies may apply to your use of any Linked Websites or Resources. Costa Christ is not responsible or liable, directly, or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products, or services available on or through any such Linked Websites or Resources.

 

7.  INDEMNIFICATION

 

You agree to indemnify and hold Costa Christ (and its officers, directors, employees, and agents) harmless from and against any and all claims or demands, including reasonable legal fees, made by any third party due to, related to, or arising out of: (1) your breach of these Terms of Use; (2) your breach of any other Costa Christ policy; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable U.S. of foreign law or the rights of a third party.

 

8.  DISCLAIMER OF WARRANTIES

 

Your use of the Sites is at your sole risk. The Sites are provided on an “as-is” and “as-available” basis. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, COSTA CHRIST MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF COSTA CHRIST MATERIAL, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH COSTA CHRIST SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

 

Costa Christ reserves the right to restrict or terminate your access to the Sites or any feature or part thereof at any time. Costa Christ disclaims any warranties that access to the Sites will be uninterrupted or error-free; that the Sites will be secure; that the Sites or their respective server which make the Sites available are virus-free; or that information on the Sites is correct, accurate, adequate, useful, timely, reliable, or otherwise complete. If you download any content from the Sites, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Sites shall create any warranty of any kind. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

 

9.  LIMITATION OF LIABILITY

 

Some of the products and services available on the Sites may be provided by independent contractors and not agents or employees of Costa Christ. Costa Christ is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You acknowledge and agree that you assume full responsibility for your use of the Sites, communications with third parties, and purchase and use of the products and services available through the Sites. You acknowledge and agree that any information you send or receive during your use of the Sites may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Sites is at your own risk and the Sites are made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Costa Christ nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the Sites, or any other site or resource you access through a link from the Sites; (2) any action Costa Christ takes or fails to take as a result of communications you send to Costa Christ; (3) any termination or cancellation of your right to access or use the Sites; (4) any products or services made available or purchased through the Sites, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the Sites or any information, products or services advertised in or obtained through the Sites; (6) the modification, removal or deletion of any content submitted or posted on the Sites; or (7) any use of the Sites, whether based on contract, tort, strict liability or otherwise, even if Costa Christ has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Costa Christ nor its licensors, suppliers, or third-party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the Sites. Your remedy for any of the above claims or any dispute with Costa Christ is to discontinue your use of the Sites.

 

10.  RISK OF LOSS

 

The items purchased from Costa Christ’s Sites are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items shall pass to you upon Costa Christ’s delivery to the carrier.

 

11.  INDEPENDENT AND THIRD PARTY VENDORS

 

Independent vendors may supply some of the goods advertised on the Sites and in some cases, drop ship them directly to the customer. Independent vendors are solely responsible for the content of the goods any independent vendors sell through the Sites. Without limitation, Costa Christ is not liable for any infringement of copyrights, trademarks, trade dress, or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Sites, or items advertised on the Sites, by independent vendors, even if appearing on the Sites or in emails from Costa Christ.

 

Frames and framing services sold through the Sites are fulfilled by a third party framing vendor. Costa Christ is not affiliated with websites or third parties that sell or advertise our products or the Sites. Costa Christ reserves the right to void all service, return, and other policies for orders and Costa Christ products that were purchased through unauthorized sellers or sellers that violate Costa Christ policies. Costa Christ is not responsible for any representations by third party vendors.

 

12.  PRODUCT DESCRIPTIONS

 

Costa Christ attempts to describe the products and services offered through the Sites as accurately as possible. However, Costa Christ does not warrant that these descriptions or other content of the Sites are absolutely accurate, complete, reliable, current, or error-free.

 

13.  ORDER ACCEPTANCE; PAYMENT PROCESSING

 

Costa Christ reserves the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any). You acknowledge that payment for your order will be processed upon submission of your order through the Sites. In the event of a pricing error on our Sites, Costa Christ reserves the right to cancel any orders resulting from such pricing errors.

 

14.  ASSIGNMENTS; THIRD PARTY BENEFICIARIES

 

You may not assign these Terms of Use (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Costa Christ, which may be withheld in Costa Christ’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Costa Christ may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

 

15.  WAIVER

 

No failure or delay by Costa Christ to exercise any right or remedy provided under this Agreement by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict further exercise of that or any other right or remedy.

 

16.  FORCE MAJEURE

 

Costa Christ shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes; (4) labor strikes; or (5) other causes beyond the reasonable control of Costa Christ.

 

17.  TERMINATION

 

If at any time, Costa Christ notifies you that your access to or use of the Sites is terminated, you must cease and desist from all such access and/or use immediately.

 

If Costa Christ terminates your use of the Sites for failure to comply with these Terms of Use or otherwise for cause, Costa Christ will not refund any fees you may have paid for goods it has shipped. You agree that Costa Christ will have no liability to you or any third party for termination of your account or access to the Sites. Costa Christ reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud or other ground for good cause is suspected.

 

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

18.  INTELLECTUAL PROPERTY

 

All content including, but not limited to artwork, products, the appearance of the Sites and other trade dress, trademarks, logos, service marks and any software programs available on or through the Sites (the “Site IP”) is the property of Costa Christ or its licensors, content providers or other third parties and is protected by copyright, trademark, and other applicable U.S. and foreign intellectual property laws. Users or any parties acting on their behalf are prohibited from using any Site IP for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Costa Christ or such third party that owns the Site IP. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Costa Christ’s express written consent. Further, you may not utilize any Sites’ content in any meta tags or any other “hidden text” techniques or technologies without Costa Christ’s express written consent.

 

19.  NOTICE TO CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

20.  CHOICE OF LAW AND FORUM

 

You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute, claim, suit, action, cause of action, demand or proceeding) (collectively, the “Disputes”) of any sort that might arise between you and us relating to the use of the Sites or products or services purchased from Costa Christ. Any dispute relating in any way to your visit to or use of the Sites shall be subject to the exclusive jurisdiction of the state or federal courts located in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such court.

 

21.  PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVDUALIZED RELIEF

 

You agree that any Disputes arising out of or related to these Terms of Use, the Sites or the products or services purchased from Costa Christ are personal to you and Costa Christ and that such Disputes will be resolved solely through individual action, or if mutually agreed upon arbitration, and will not be brought as a class action, class arbitration or any other type of representative proceeding. You and Costa Christ agree that there will be no class action or arbitration in which an individual attempts to resolve any Dispute as a representative of another individual or group of individuals. Further, you and Costa Christ agree that any Dispute cannot be brought as a class or other type of representative action, whether in or outside arbitration, or on behalf of any other individual or group of individuals.

 

22.  MODIFICATION AND SEVERABILITY

 

Costa Christ reserve the right to make changes to our Sites, Terms of Use, or other policies at any time and in its sole discretion. Therefore, you should review Costa Christ’s Terms of Use and policies each time you visit any of the Sites. Your continued use of the Sites after Costa Christ makes any such changes constitutes your binding acceptance of those changes.

 

If any of the Terms of Use herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition. If any invalid, unenforceable or illegal provision of the Terms of Use would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

 

23.  ENTIRE AGREEMENT

 

These Terms of Use constitute the entire agreement and understanding between you and Costa Christ with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

 

In some instances, both these Terms of Use and a separate document which provides additional conditions may apply to a service or product offered via these Sites (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.