Terms of Use
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. YOUR RIGHT TO USE THE WEBSITE IS SUBJECT TO YOU ACCEPTING THE
TERMS OF THE WEBSITE, AND BY USING THE WEBSITE YOU AGREE TO ACCEPT THE
TERMS OF THE WEBSITE. IF YOU DO NOT ACCEPT THE TERMS OF THE WEBSITE, YOU
MAY NOT USE THE WEBSITE.
These Terms of Use (this “Agreement” ) apply to www.casalafleur.com (the “Site” ) provided by
Casa Lafleur, LLC, an Florida limited liability company (“Company, ” “we,”
“us,” or “our”). In this Agreement you are referred to as “you” and “your.”
PLEASE NOTE: The Site is intended for use by individuals who are at least 18 years of
age and capable of entering into binding legal agreements. If you are under the age of 18
but over the age of 13, you may use this Site only with the permission of a parent or
guardian. This Site is controlled, operated, and administered by us from our offices
within the U.S. If you access the Site from a location outside the U.S., you are
responsible for compliance with all local laws. You agree that you will not use any
content on this Site in any country or in any manner prohibited by any applicable laws,
restrictions or regulations. Please read carefully below before using the Site.
Privacy Notice and Confidentiality Policy
Note also that our use of your personal information is governed at all times by the Company
Privacy Policy, which is available at http://casalafleur.com/privacy-policy/.
Modification to Agreement
Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by
law, and except as otherwise expressly provided at the time of such amendment, such
amendments are effective when posted. Your continued use of the Site following the posting of
any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this
Agreement or any amendment, you may not use the Site.
Using the Site
Subject to compliance with the Agreement, including, but not limited to, applicable age and
residency restrictions, you are granted a limited, non-transferable, non-sublicensable, and
revocable license to use the Site for the Site’s intended purpose. You may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code of, modify, or create
derivative works of the Site, any updates or any part thereof except as applicable law may
require notwithstanding this prohibition. You may print copies of the Site content and
documentation as reasonably necessary for permitted use of the Site, but such copies shall not
be distributed to others. Uses of the Site not expressly authorized herein are prohibited. All
rights not expressly granted are hereby reserved.
Subject to applicable law, we reserve the right, with or without prior notice, to do any one or
more of the following: (a) limit the available quantity of, or discontinue any offering of, any
product or promotion; and (b) impose conditions on your use of the Site.
Account Registration, Password and Security
Your use of the Site may require you to register and you may be asked to select a password.
You agree to provide accurate and truthful information and to update such information to keep it
true and accurate. Select a password that would be difficult to guess, and change it regularly as
an added precaution. You agree not to share your password or share access to your account.
You agree that you are responsible for activities that occur under your account. You agree to
notify us immediately of unauthorized use of your password or account.
We reserve the right to take such action in our discretion to help ensure the security of the Site,
including, without limitation, terminating an account. Notwithstanding the above, we may rely on
the authority of anyone accessing your account or using your password, and in no event, and
under no circumstances, shall we be held liable to you for any liabilities or damages arising out
of (i) any action or inaction of ours under this provision or (ii) any compromise of the
confidentiality of your account or password or any unauthorized access to your account or use
of your password except to the extent such compromise, access or use is caused solely by our
breach of the express terms of this Agreement, as proven by clear and convincing evidence.
You may not use anyone else’s account at any time.
Offerings
Specifications on the Site may not accurately reflect available products. Email or call to confirm
specifications prior to placing an order. All descriptions, images, references, features, content,
specifications, products, and prices of products and services described or depicted on the Site
are subject to change at any time without notice.
Use of the Site on Mobile Devices
You are solely responsible for any damage to or technical difficulties that arise from your use of
the Site on your mobile device. We cannot and do not warrant that the Site will work as
anticipated on every device. Moreover, we cannot and do not warrant that the Site will be free
from errors resulting in data interruptions, data loss, or other malfunction.
Your mobile service carrier or provider may assess data or other charges based on your use of
the Site. We recommend that you refer to your service provider’s terms of use for information
regarding your account, including applicable data and other charges, prior to using the Site on
your mobile device. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CHARGES AND
FEES, INCLUDING, BUT NOT LIMITED TO, DATA AND OTHER USAGE CHARGES
ASSESSED TO YOU BY YOUR MOBILE CARRIER BECAUSE OF YOUR USE OF THE SITE.
You are solely responsible for securing any mobile device on which you use the Site. We will
not be responsible for any damage or injury that arises from unauthorized use of your mobile
device, including, but not limited to, products purchased from said device.
Prohibited Conduct
You agree not to: (a) access or attempt to access any information, documents, images, software
or material (individually and collectively, “Materials”) that you are not authorized to access
and/or through any means that you are not authorized to use such as any means not
intentionally made available by or through the Site; (b) disrupt or interfere with the security of, or
otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Site or any affiliated or linked sites;
(c) access or use the Site in any manner that could damage, disable, overburden or impair any
server or network used by us in connection with the Site; (d) use any Materials in connection
with the Site in any manner that infringes upon any copyrights, patents or other intellectual
property rights, privacy rights, rights of publicity or other rights of any party; (e) transmit
unsolicited or bulk communications to any Company account holder or other email addresses
associated with the Company; (f) post or otherwise submit any software, programs or Materials
to the Site that are harmful or disruptive of another’s equipment, software or other property,
including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt,
interfere with, or inhibit any other user from using and enjoying the Site or other sites, Materials,
or services associated with Company; (h) violate any applicable federal or local laws or
regulations related to the access to or use of the Site, and/or engage in any activity prohibited
by this Agreement; (i) compile, use, download or otherwise copy any Materials available on the
Site (except as expressly permitted by the Agreement), or transmit, provide or otherwise
distribute (whether or not for a fee) such Materials to any third party; (j) use the Site to engage
in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other
duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or
other programmatic or automatic device, to obtain information from the Site or others’ use of the
Site or otherwise monitor or copy any portion of the Site; (l) frame, mirror, or use framing
techniques on any part of the Site without Company’s express prior written consent; (m) make
any use of data extraction, scraping, mining, or other data gathering tools, or create a database
by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or,
except pursuant to the limited license granted by this Agreement, use any Materials; (n) use the
Site for any purpose that is abusive, intrusive of another’s privacy, harassing, libelous,
defamatory, embarrassing, obscene, threatening or hurtful; (o) remove any copyright,
trademark, or other proprietary rights notice from the Site or Materials; (p) use any Company or
Company domain name as a pseudonymous return email address; and/or (q) place false or
misleading information on the Site.
These examples of prohibited conduct are illustrative and are not exhaustive. We reserve the
right to take action, up to and including terminating a user’s account, if we determine that the
user has engaged in prohibited conduct or otherwise violated this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS PARENT,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS,
MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS,
LICENSORS, AND MERCHANTS (COMPANY, COMPANY AND SUCH OTHER INDIVIDUALS
AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “COMPANY
RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR
ANY THIRD PARTY FOR, ANY DAMAGES OR OTHER MONETARY RELIEF INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE,
INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF OR RELIANCE UPON ANY
INFORMATION OBTAINED BY OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED
TO, PRODUCT SPECIFICATIONS AND/OR YOUR CONDUCTING OF ANY TRANSACTIONS
BY OR THROUGH THE SITE. ADDITIONALLY, WITHOUT LIMITING THE FORCE OF THE
FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES AND ANY DISCLAIMER IN THIS
AGREEMENT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL
AGGREGATE AND COMBINED LIABILITY OF THE COMPANY RELATED PARTIES SHALL
BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN
CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE
FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT
UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO
THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, COMPANY RELATED PARTIES’
LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
You agree and acknowledge that your use of the Site is without warranty of any kind and that
the access to and use of this Site is provided on an “as is” and “as available” basis, to the full
extent permissible by applicable law. All warranties are hereby disclaimed, including but not
limited to, implied warranties of non-infringement, merchantability, fitness for a particular
purpose, and warranties based on custom or practice. Applicable law may not allow the above
exclusion of implied warranties, so the exclusion may not apply to you and shall apply only to
the maximum extent allowed by law. No advice or information, whether oral or written, obtained
by any user from Casa Lafleur, LLC or www.casalafleur.com shall create
any warranty not expressly stated herein.
For the avoidance of doubt, and without limiting the foregoing, we cannot and do not represent
or warrant that the operation of the Site, its server, or user content will be error-free,
uninterrupted, timely, secure, free from viruses and other harmful components, free from
unauthorized access (including third party hackers or denial of service attacks), or otherwise
meet your requirements.
Website Disclaimer
The information provided us on the Site and our mobile application is for general informational
purposes only. All information on the Site and our mobile application is provided “AS IS.” We
make no representation or warranty of any kind, express or implied, regarding the accuracy,
adequacy, validity, reliability, availability, or completeness of any information on the Site or our
mobile application. EXCEPT AS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE SHALL
WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND,
INCLUDING INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED
AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE
ON ANY INFORMATION PROVIDED ON THE SITE OR OUR MOBILE APPLICATION. YOUR
USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY
INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN
RISK.
Testimonials Disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials
reflect the real life experiences and opinions of such users. However, the experiences are
personal to those particular users, and may not necessarily be representative of all users of our
products and/or services. We do not claim, and you should not assume, that all users will have
the same experiences. YOUR INDIVIDUAL RESULTS AND EXPERIENCES MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio, and/or video,
and are reviewed by us before being posted. They appear on the Site verbatim as given by the
users, except for the correction of grammar or typing errors. Some testimonials may have been
shortened for the sake of brevity where the full testimonial contained extraneous information not
relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do
not reflect our views and opinions. We are not affiliated with users who provide testimonials, and
users are not paid or otherwise compensated for their testimonials.
Additional Disclaimer Related to Third Party Content and Links to Third Party Sites
We may display on the Site user content, information, instructions, videos, services, products,
functionality and other Materials from third parties, and links to third party sites. The appearance
of such Materials and external hyperlinks generated by third parties does not constitute our
endorsement of the third party site or its affiliates, and we do not verify or take responsibility for
the accuracy, currency, completeness, or quality of the content contained on these sites.
Therefore, neither we nor our affiliates will be responsible for any errors or omissions or for the
results obtained from the use of such information contained on these sites. IN NO EVENT WILL
WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS
ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY
THIRD PARTY CONTENT DISPLAYED ON OR THROUGH THE SITE, ANY PRODUCTS,
SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED
THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Indemnity
You agree to defend, indemnify and hold harmless the Company and any Company Related
Parties from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of your use of the Site (but excluding claims resulting from
our breach of this Agreement as demonstrated by clear and convincing evidence), including
without limitation, any information or content you submit to or through the Site, any material you
download from the Site, or any interference with the operation of the Site.
Submissions
By submitting any comment, idea, suggestion, response to questionnaires or other material to
us or through the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free,
irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce,
modify, distribute and create derivative works of such material or information submitted in any
media, software, or technology of any kind now existing or developed in the future. By providing
any such material or information, you represent and warrant that public posting and use of such
material or information by Company or Company will not infringe on or violate the rights of any
third party.
Trademarks and Copyrights
Company, the Company logo, and other marks, logos, graphics, and trade dress used on the
Site are Company’s trademarks or the trademarks of third party affiliates and may not be used in
any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All
content included on or in the Site, such as texts, graphics, images, audio clips, video, data,
music, software, and other Materials and all rights therein, are owned or licensed property of
Company or its suppliers, merchants, or licensors and is protected by copyright or other
proprietary rights. We do not grant to you any express or implied rights to Company’s or any
third party’s intellectual property. Elements of the site are also protected by trade dress, trade
secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws.
You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast
or circulate any such Materials except as expressly permitted in the Agreement.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to us shall be sent by email and
regular mail at the addresses listed in the paragraph immediately below. In the case of legal
notices we send to you (for example, regarding this Agreement or the Privacy Policy), you
consent to receive notices and other communications by us through posting notices on the Site
or links thereto or sending you an email at the email address listed in your profile in your
account. You agree that all agreements, notices, disclosures, and other communications that we
provide to you in accordance with the prior sentence satisfy any legal requirement that such
communications be in writing. You agree that a printed version of this Agreement and/or any
notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
Notice
Please note we are located at 3807 Westwood Rd Orlando, FL 32808. If you have a
question or complaint regarding this Site or the services offered through the Site please send an
email to casalafleur@gmail.com You may also contact us by writing to the address above.
Dispute Resolution
In the event a dispute arises between you and the Company, as a condition precedent to
bringing any litigation, you and the Company agree to first contact each other at the address
provided above for Casa Lafleur ,LLC and at the e-mail address provided by
you in connection with your account, and provide a written description of the problem, how the
party has been harmed, what the party is demanding, a statement of the merits of the claim, and
a proposed resolution. In the event the proposed resolution is not acceptable, you and the
Company shall, within thirty (30) days, make good faith efforts to resolve the matter through
in-person or telephonic negotiation between you and a representative of the Company (either
side may have, in addition to the parties, a lawyer present).
If the matter is not resolved by negotiation, the parties will submit their disputes to mediation in
accordance with any statutory rules of mediation.
If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding
issues will be submitted to litigation.
Governing Law; Jurisdiction
Without limiting the effect of any disclaimer contained herein, any cause of action you may have
with respect to your use of the Site must be commenced within one (1) year after the claim or
cause of action arises.
This Agreement shall be governed and interpreted in accordance with the substantive law of the
state of Illinois. The parties agree that, to the maximum extent enforceable under applicable law,
any litigation regarding use of the Site and the Agreement shall be brought in the state or
federal courts in Illinois. If applicable law does not permit forcing a party to litigate in Illinois or if
we otherwise agree, any such litigation will be brought in the courts having jurisdiction over the
county in which the events giving rise to the claim occurred.
Language
The Agreement has been written in the English language, and you agree that this English
language version will govern your use of the Site, dispute proceedings, and other matters
described in the Agreement.
Force Majeure
Company shall be excused from performance hereunder to the extent that performance is
prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes,
riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions,
earthquakes, or natural disasters
Assignment
You may not assign any of your rights or obligations hereunder, whether by operation of law or
otherwise, without the prior written consent of the Company. Notwithstanding the foregoing,
Company may freely assign the Agreement, and the rights and obligations therein, without your
consent, including but not limited to, in connection with a merger, acquisition, or sale of all or
substantially all of our assets. Subject to the foregoing, the Agreement shall bind and inure to
the benefit of the parties, their respective successors, and permitted assigns.
Entire Agreement
This Agreement, including the documents incorporated herein by reference, is the entire
understanding and agreement between Company and you with respect to the subject matter
hereof.
Miscellaneous
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision. In the event that any provision of this Agreement is
found to be invalid or unenforceable, this Agreement shall be construed in accordance with its
terms as if the invalid or unenforceable provision was not contained therein. No delay or failure
by Company to enforce any provision of this Agreement shall be a waiver of any of our rights
under this Agreement.
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others and ask you to do the same. If you believe
that your work has been posted on or in the Site in a way that constitutes copyright
infringement, please contact us at the address below and provide the following information: (a)
the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted
works are covered by the notice, a representative list of the copyrighted works that you claim
have been infringed via the Site; (b) identification of the material that you claim is infringing
(including sufficient information so that we may locate the material on the Site, such as the URL
where such material may be found on the Site); (c) your street or mailing address, telephone
number, and, if available, email address; (d) the following affirmation (if true): “I hereby state that
I have a good faith belief that the disputed use of the copyrighted material is not authorized by
the copyright owner, its agent, or the law (e.g., fair use).”; (e) the following affirmation (if true): “I
hereby state that the above information in this Notice is accurate and, under penalty of perjury,
that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of
the exclusive right under the copyright allegedly infringed.”; (f) electronic or physical signature of
the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of
any exclusive right under the copyright.
Company’s designated agent for notice of copyright infringement can be reached at:
Bianca Lafleur
3807 Westwood Rd
Orlando, FL 32808
Last Updated on December 27, 2018.
