Terms of Service

Effective Date: November 1, 2024

Welcome to YvaMarie New York LLC (referred to as “Company,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your use of our website www.yvamarie.com (the “Site”) and any services or products we provide (collectively, the “Services”). By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree, you should not use our Site or Services.

SECTION 1 – GENERAL CONDITIONS

1.1 Acceptance of Terms
By visiting our Site and/or purchasing products from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

1.2 Modification of Terms
We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1.3 Eligibility
You must be at least the age of majority in your state or province of residence to use our Site. By using this Site, you represent and warrant that you meet this eligibility requirement.

SECTION 2 – ONLINE STORE TERMS

2.1 Account Creation and Information
To access certain Services or make a purchase, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and update such information as necessary to ensure it remains accurate, current, and complete.

2.2 Prohibited Uses
You may not use our products or Site for any illegal or unauthorized purpose. You agree not to:

• Violate any laws or regulations.

• Infringe upon or violate our intellectual property rights or the rights of others.

• Transmit any worms, viruses, or any code of a destructive nature.

• Use the Site to collect personal information about others without consent.

Violation of any of the prohibited uses will result in the immediate termination of your account and access to the Services.

SECTION 3 – PRODUCTS AND SERVICES

3.1 Product Descriptions
We strive to ensure that all descriptions, images, and other content on our Site are as accurate as possible. However, we do not warrant that product descriptions or other content is error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

3.2 Pricing
All prices are subject to change without notice. Prices for our products are subject to change at our discretion. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

3.3 Orders and Payments
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

4.1 Information Accuracy
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4.2 Account Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

SECTION 5 – THIRD-PARTY SERVICES AND LINKS

5.1 Third-Party Providers
Certain Services may include content or services provided by third parties. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

5.2 External Links
The Site may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and encourage you to read their terms and policies.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership
All content included on this Site, such as text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of YvaMarie New York LLC or its content suppliers and protected by copyright, trademark, patent, or other proprietary rights.

6.2 License to Use
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without express written permission from us.

SECTION 7 – USER-GENERATED CONTENT

7.1 Responsibility of Content
You are solely responsible for any content you submit, post, or display on or through the Site. By submitting content, you grant YvaMarie New York LLC a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

7.2 Prohibited Content
You agree not to post content that is unlawful, offensive, defamatory, threatening, or otherwise objectionable. We reserve the right to remove any content that violates these Terms.

SECTION 8 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 Warranties
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

8.2 Limitation of Liability
To the fullest extent permitted by law, YvaMarie New York LLC and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Services or any products procured through the Site, even if we have been advised of the possibility of such damages.

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless YvaMarie New York LLC, its affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 10 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of [Insert State], United States, without regard to its conflict of law provisions.

SECTION 11 – CHANGES TO TERMS OF SERVICE

We reserve the right to modify or update these Terms at any time, so please review them periodically. Changes and clarifications will take effect immediately upon their posting on the website. Your continued use of the Site following the posting of changes constitutes acceptance of those changes.

SECTION 12 – TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice.

QUESTIONS AND CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at glow @ yvamarieny.com or by mail at:

YvaMarie New York LLC
P.O. Box 623
Valley Stream, NY 11582
United States