Terms of service

Last Modified: September 28, 2023

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

1. ACCEPTANCE OF TERMS

Welcome to slayedbyliz.com (the “Site”), a website Slayed By Liz LLC (‘SLAYED BY LIZ,” “our,” “we,” “us”). This Terms of Use Agreement (the “Agreement”) is entered into by and between you and SLAYED BY LIZ. Together with any documents expressly incorporated by reference herein, this Agreement governs your use of the Site including, without limitation, any and all functionality, content such as text, information, images, video, audio, software, materials, and the design, selection, and arrangement thereof (collectively, the “Content”), and Services (as defined in Section 3) made available to you or by you through this Site, whether as a guest or Registered User (as defined in Section 2), by SLAYED BY LIZ and/or third parties at any time.

If in any case that any of the terms, conditions and notices contained within this document conflict with other terms and guidelines contained within the Site, then these terms shall control. By using the Site, you agree to be bound by the Agreement, our Privacy Policy, our Terms of Sale, and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature, contest, sweepstakes, or any other offer which may appear on the Site, incorporated herein by reference, represent and warrant that you have the legal authority to accept this Agreement and are either at least eighteen (18) years old, or a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor user’s use of the Site.

If you do not meet these requirements or agree with the Agreement, you are not authorized to access or use the Site.

2. ACCESS TO AND USE OF THE SITE

Access to certain portions of this Site may require you to provide user name and password information, or other registration details (the “Registered User(s)”). Certain other Content or Services on the Site may require additional identification or passwords. You agree that all information you provide on the Site is correct, current, and complete, and subject to our Privacy Policy. You further consent to all actions we take with respect to your information in compliance with our Privacy Policy. The Site user name and password (collectively, “ID”) are for the use of the individual Registered User only and are not transferable. Any user who obtains an ID by any means other than that user’s own registration as a Registered User is not authorized to use that ID, and SLAYED BY LIZ requests that such user notify SLAYED BY LIZ of the improperly disclosed ID, in accordance with one of the methods specified in Section 14 of this Agreement. Registered Users are solely responsible for maintaining the strict confidentiality of their IDs by not allowing another person to use their IDs to access the Site, for any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and for promptly informing SLAYED BY LIZ in writing, in accordance with Section 14 of this Agreement, of any unauthorized use of their IDs or any other suspected or actual breach of security.

SLAYED BY LIZ is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. SLAYED BY LIZ reserves the right to disable any ID or other identifier, or cancel a Registered User’s registration account, or other remedies, at any time in our sole discretion for any or no reason, including if you have violated any provisions of this Agreement.

Use of the Site and use of your ID is voluntary. You may choose not to use the Site and you may choose not to use your ID. You may cancel your ID at any time by contacting us, in accordance with Section 14 of this Agreement.

3. CONTENT AND SERVICES

SLAYED BY LIZ may provide certain Content and services on this Site that we may remove, change, or update from time to time, at our sole discretion without notice, and without liability (the “Services”). Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content. SLAYED BY LIZ will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may restrict access or discontinue availability to some parts of the Site, or the entire Site, to anyone at any time without notice.

The ability to post Content may be provided to allow users and/or Registered Users to share ideas and information of interest. You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. SLAYED BY LIZ cannot and does not take responsibility for the Content posted or transmitted by users and Registered Users. By using this Site, you understand and agree that by providing you with the ability to view and distribute user-generated Content on this Site, SLAYED BY LIZ is acting as a conduit for distribution and is not willing and is unable to assume any liability or obligation relating to any Content or activity on this Site. SLAYED BY LIZ may, but is not obligated, to monitor or review any areas on the Site in which users can communicate solely with each other or where users may transmit information to each other, including but not limited to chat rooms, blogs, bulletin boards, or other user forums and the Content of any communication. SLAYED BY LIZ will have no liability related to the Content of any such communication regardless of any laws concerning copyright, libel, privacy, obscenity, trademarks, or other applicable law.

The Site is designed to be used by adults and in the event that a minor should access or use the Site, they must do so in conjunction with a parent or legal guardian (the “Parent”). In all cases, the Parent shall have ultimate control over the minor’s access and use of the Site. SLAYED BY LIZ does not filter advertisements or other content that minors may view through our Site or linked websites, and they may receive information and materials from the internet or advertising that are inappropriate for minors. SLAYED BY LIZ encourages Parents to utilize an electronic filtering software and/or to monitor their minors online.

Users and Registered Users are advised to use their best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy. In the event that any posted Content appears to be inappropriate, objectionable, or obscene for display on this Site for any reason, you are encouraged to contact us to request removal of such Content via our contact us page or one of the methods provided in Section 14 of this Agreement. SLAYED BY LIZ reserves the right to review, edit, or delete any material deemed inappropriate, including information and links provided by advertisers and third parties.

4. INTELLECTUAL PROPERTY RIGHTS

You are responsible for respecting SLAYED BY LIZ’s and third parties’ rights with respect to Content that appears on the Site and for not downloading, emailing or otherwise transmitting such Content in violation of SLAYED BY LIZ’s and third parties’ rights. The Site and its entire Contents, features, and functionality (including, but not limited to, all copyrights, trademarks, service marks, trade secrets and patents) are the property of SLAYED BY LIZ or other owners that/who have granted rights or licenses of use to such intellectual property, unless indicated otherwise, and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries and other applicable United States and international trademark, patent, trade secret, or other intellectual property or proprietary rights laws.

The Site and its Content may not be copied, reproduced, republished, uploaded, posted, transmitted, stored, altered, modified, displayed, performed, transferred, licensed, downloaded, or distributed in any way without our prior written permission, except that, subject to your compliance with this Agreement, SLAYED BY LIZ authorizes you to download a single copy of a reasonable number of pages of the Site for your personal, non-commercial use, and not for further modification, reproduction, publication, or distribution, provided that you keep intact all copyright, trademark, and other proprietary notices. No right, title, or interest in or to the Site or its Contents is transferred to you, and all rights not expressly granted are reserved by SLAYED BY LIZ. Modification or use of the Content for any other purpose not expressly permitted by this Agreement is a breach of this Agreement and is a violation of the rights of SLAYED BY LIZ or third parties. 

If you print, copy, modify, download, or otherwise use, access, or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site ceases immediately and you must, at our election, return or destroy any copies of the Content you have made.

Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), SLAYED BY LIZ’s designated agent for notice of alleged copyright infringement in connection with the Site is as follows:

Slayed By Liz
1741 W Market St., Loft 8
Akron, Ohio 44313

customerservice@slayedbyliz.com

To file a notice of infringement with SLAYED BY LIZ, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.

Data. From time to time, you may provide us with information, including, without limitation, Account Information (as defined in the Privacy Policy), Personal Information (as defined in the Privacy Policy), suggestions, ideas and/or any other Content (collectively, “Data”). You hereby grant to SLAYED BY LIZ, and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a nonexclusive license to the Data for providing the Content and Services, for operating the Site and for other purposes permitted by this Agreement. SLAYED BY LIZ and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns will be free to copy, modify, display, disclose, distribute, incorporate and otherwise use the Data, and any other information embodied therein including but limited to information we may collect from you for any and all commercial and noncommercial purposes.

Posting Information. By posting or submitting Content to or through the Site you represent that such Content will not infringe on any personal or proprietary rights of any third parties and that you own, control, or first have the express consent of the owner of all necessary rights in and to such Content and have the right to grant the license above to SLAYED BY LIZ and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. Further, you authorize SLAYED BY LIZ’s use of such material in any manner or medium. Also, you understand and acknowledge that you are responsible, and not SLAYED BY LIZ, for all Content shared by you to or through the Site, including its legality, reliability, accuracy, and appropriateness.

5. ACCOUNT INFORMATION FROM THIRD PARTIES

Some of your Account Information may be stored by third parties, such as your bank or another third-party payment processors. You hereby authorize SLAYED BY LIZ to access your Account information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site.

SLAYED BY LIZ will, as applicable, submit information that you provide to SLAYED BY LIZ to the applicable third party. You hereby authorize and permit SLAYED BY LIZ to use information submitted by you to accomplish and to configure the Services so that it is compatible with the third-party sites for which you submit your information. To fulfill the Services hereunder, you grant SLAYED BY LIZ a limited power of attorney and appoint SLAYED BY LIZ as your attorney-in-fact and agent to access third- party sites, retrieve and use your information with the full power and authority to do and perform each action necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN SLAYED BY LIZ IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD- PARTY SITES, SLAYED BY LIZ IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR SLAYED BY LIZ’S USE OF SUCH INFORMATION.

6. PROHIBITED BEHAVIOR

You may use the Site only for lawful purposes and in accordance with this Agreement, and shall not use the Site, Content or Services:

  • In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, infringing any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity). By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content,
  • For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, or otherwise,
  • To upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive,
  • To impersonate or attempt to impersonate another person or entity, including without limitation, a representative of SLAYED BY LIZ or its officers, directors, employees, contractors or agents, or falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site,
  • To upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” chain letters, or any other potentially objectionable form of unsolicited communication,
  • To collect or store personal data with respect to third parties except as contemplated by the Agreement,
  • To upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information;
  • For any other purpose inconsistent with this Agreement.

Additionally, you agree not to:

  • Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may restrict or inhibit anyone’s use or enjoyment of the Site, or which, as we determine, may materially adversely affect, or expose to liability, SLAYED BY LIZ or any third party,
  • Upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, logic bombs, or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities,
  • Otherwise interfere or attempt to interfere with the proper working of the Site.

7. DISCLAIMER OF WARRANTIES

You understand and acknowledge that SLAYED BY LIZ cannot and does not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN ‘AS IS’ AND “AS AVAILABLE’ BASIS. SLAYED BY LIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT, SERVICES OFFERED ON, AND/OR ITEMS OBTAINED THROUGH THE SITE) WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SLAYED BY LIZ EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SLAYED BY LIZ MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.

8. EXCLUSIONS AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLAYED BY LIZ SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES (EVEN IF SLAYED BY LIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF, OR INABILITY TO USE THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SLAYED BY LIZ, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, judgments, awards, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or your use of the Site other than as expressly authorized in this Agreement, including, but not limited to, any activity related to your registration account with the Site by you or any other person accessing the Site using your registration account.

10. LINKS TO OTHER WEBSITES

The Site may contain links to other websites. The linked sites are not under the control of SLAYED BY LIZ and SLAYED BY LIZ is not responsible for any loss or damage that may arise from your use of them nor does it certify the content of any linked website, including, without limitation, any links contained in a linked website, all of which may have separate terms and conditions of use and privacy and data collection practices independent of SLAYED BY LIZ. SLAYED BY LIZ reserves the right to terminate any link or linking program at any time without notice at our discretion. We have selected the links for your convenience only. The selection or omission of links is not intended to imply our endorsement of any particular companies or products or our affiliation with operators of linked websites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. You should contact the website administrator or webmaster for those non-affiliated websites if you have any concerns regarding such links or the content located on such websites. SLAYED BY LIZ DOES NOT ACT AS AN AGENT OF ANY THIRD PARTY, EXCEPT TO THE EXTENT SET FORTH IN SECTION 5.

11. APPLICABLE LAWS

The Site is designed to comply with United States laws and regulations. SLAYED BY LIZ controls this Site from its offices within the State of Ohio in the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of United States export laws or regulations. Any claim or cause of action you may have relating to the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Ohio, without regard to its conflicts of law provisions; otherwise, such claim or cause of action is permanently barred. Product effectiveness claims are expressly limited to the United States, unless otherwise disclosed on this Site. Any dispute between you and SLAYED BY LIZ arising out of or relating to this Agreement will be determined by binding arbitration in Akron, Ohio in the United States before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of you and SLAYED BY LIZ, except that such arbitrator shall be an attorney admitted to practice law in Ohio with at least five years of experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. To the fullest extent permissible by law, you agree that you shall be responsible for all costs associated with initiating or administrating the arbitration.

12. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, the Terms of Sale, and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature, contest, sweepstakes, or any other offer which may appear on the Site, contains the sole and entire agreement between you and SLAYED BY LIZ relating to the subject matter hereof, and supersedes any other prior and contemporaneous, oral or written communications, understandings, agreements, representations, and warranties relating thereto.

13. MODIFICATION AND TERMINATION

SLAYED BY LIZ reserves the right to make changes to this Agreement at any time without advance notice. SLAYED BY LIZ shall post all amended forms of this Agreement on the Site, and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you are aware of any changes made to this Agreement because they shall be equally binding on you. Your continued use of the Site following the posting of amended forms of this Agreement means that you accept and agree to the changes. You agree that these standards for notice of changes to this Agreement are reasonable.

Your right to access and use the Site, its Services, and/or Content immediately terminates without further notice upon your breach of this Agreement. SLAYED BY LIZ may terminate this Agreement and/or your right to use the Site at any time, with or without cause.

 

14. NOTICE

SLAYED BY LIZ may deliver notice to you under this Agreement by means of electronic mail, a general notice on slayedbyliz.com, or by written communication delivered by first class United States mail to your address on record with SLAYED BY LIZ You may inform us, or give notice or requests to us, pursuant to the provisions of this Agreement, at any time via electronic mail to or by letter delivered by first class postage prepaid United States mail or overnight courier to the following address:

Slayed By Liz
1741 W Market St., Loft 8
Akron, Ohio 44313

customerservice@slayedbyliz.com

15. GENERAL

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of any term or condition set forth in this Agreement shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of SLAYED BY LIZ to assert a right following a breach of any provision to this Agreement will not constitute a waiver of such right. You may not assign this Agreement without SLAYED BY LIZ’s prior written permission. This Agreement is binding upon your successors, assigns, heirs, and executors.

YOUR USE OF THE SITE, OR CLICKING ACCEPT OR AGREE TO THE AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, INDICATES THAT YOU AGREE TO BE BOUND AND ABIDE BY THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT ACCESS OR USE THE SITE.