Terms of service

Welcome to Dr. Kellfire's!The terms “we”, “us” and “our” refer to Dr. Kellfire's. Dr. Kellfire's operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Dr. Kellfire's is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Dr. Kellfire's reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dr. Kellfire's confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Dr. Kellfire's may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Dr. Kellfire's, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Dr. Kellfire's Potions & Elixirs, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Dr. Kellfire's.
Dr. Kellfire's names, logos, product and service names, designs, and slogans are trademarks of Dr. Kellfire's or its affiliates or licensors. You must not use such trademarks without the prior written permission of Dr. Kellfire's. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Dr. Kellfire's is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dr. Kellfire's. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dr. Kellfire's, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dr. Kellfire's .

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sub licensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Dr. Kellfire's, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Dr. Kellfire's, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Dr. Kellfire's, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dr. Kellfire's, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Dr. Kellfire's is headquartered. You and Dr. Kellfire's consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@drkellfires.com.
Our contact information is posted below:
support@drkellfires.com

BY ACCESSING OR USING THE COMPANY WEBSITE YOU AGREE TO BE
BOUND BY THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND ALL
OTHER ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN. YOU
ARE AUTHORIZED TO USE THE WEBSITE ONLY IF YOU AGREE TO ABIDE BY
ALL APPLICABLE LAWS, THESE TERMS OF SERVICE, INCLUDING THOSE
INCORPORATED BY REFERENCE, AND THE PRIVACY POLICY. PLEASE READ
THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY. IF YOU
DO NOT AGREE WITH THESE TERMS OR THE PRIVACY POLICY, YOU SHOULD

IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND THE
COMPANY SERVICE.

1. Modifications to Terms of Service.

Company may modify these Terms of Service and its Privacy Policy from time
to time, and any such modifications shall be effective upon their posting on
the Website. You agree to be bound by any changes to the Terms of Service
and Privacy Policy when You use the Website after any such modification is
posted on the Website. It is therefore important that You review these Terms
of Service each time You access the Website to ensure that You are aware of
any changes or modifications to the Terms of Service.

2. Eligibility

You must be thirteen (13) years old or older to use Company. By using
Company, You represent and assume that You have the authority and capacity
to enter into this Agreement and to abide by all the terms listed in this
Agreement. If you are older than thirteen (13) but under eighteen (18) years
old, you and your parent or guardian must review these Terms of Service and
the Privacy Policy together. Parents/guardians are jointly and severally liable
for all acts and omissions of their children aged eighteen (18) and younger
when using the Company Website.

3. Access, Alerts, and Downloads.

Company reserves the right to reject and to terminate your use of the Website
at any time, for any reason or for no reason, without notice to You. Company
also reserves the right to provide notices and alerts to Users from time to time
about use of the Website and information on feature updates and changes.

4. Intellectual Property Protection.

All the content and information displayed or accessible on or through the
Website, including without limitation, text, artwork, graphics, logos, button
icons, images, audio clips, video clips, digital downloads, prices, products,
product and service descriptions, and data compilations, is the property of
Company. Such content is protected by U.S. and international trademark,
copyright, and other intellectual property laws. You shall not copy, distribute,
alter, display, perform, publish, or create derivative works from such materials,
other than as permitted in these Terms of Service. Systematic retrieval of data
or other information from the Website to prepare any collection, compilation,
database, or directory is strictly prohibited.

The names and logos for Company, and any other Company graphics, logos,
designs, page headers, button icons, scripts and service names are
trademarks or trade dress of Company. Company’s trademarks and trade
dress may not be used, including as part of trademarks or as part of domain
names, in connection with any other product or service in any manner that is
likely to cause consumer confusion and may not be copied, imitated, or used,

in whole or in part, without the prior written permission of Company. You may
not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
Company or any Company affiliates without Company’s express written
consent. In addition, You agree to not remove, obscure or otherwise alter any
proprietary notices appearing on any content, including copyright, trademark
and other intellectual property notices.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER
COMPANY NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY
IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER
ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS
TO USE THE WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED
TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.

You acknowledge and agree that a breach or threatened breach by you of any
of your obligations under this Section would cause Company irreparable harm
for which monetary damages would not be an adequate remedy and that, in
the event of such breach or threatened breach, Company will be entitled to
equitable relief, including a restraining order, an injunction, specific
performance, and any other relief that may be available from any court,
without any requirement to post a bond or other security, or to prove actual
damages or that monetary damages are not an adequate remedy. Such

remedies are not exclusive and are in addition to all other remedies that may
be available at law, in equity, or otherwise

5. License Grant and Restrictions.

Company hereby grants You a limited, non-exclusive, non-transferable, and
revocable right to access and use the Website to (i) utilize the features,
content and tools that Company makes available to You through the Website
or otherwise and (ii) receive information relating to the Services. You shall use
the Website, and any Company content solely for Your personal use, and for
no other purpose whatsoever without the express written consent of
Company. You shall not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, broadcast, create derivative works from, transfer,
or sell any of the Company content on the Website, including without
limitation any data, text, artwork, graphics, logos, button icons, images, audio
clips, digital downloads, product and service descriptions, and data
compilations. The license granted in the Terms of Service does not include
any resale or commercial use of the Website, and such use is prohibited. You
are also prohibited from creating any derivative works from the Website, or
downloading or copying of any information for the benefit of another person
or entity other than contemplated in these Terms of Service. Company
reserves the right to suspend or deny, in its sole discretion, Your access to the
Website, without notice to You.

ANY RIGHTS IN THE WEBSITE NOT EXPRESSLY GRANTED TO YOU IN THESE
TERMS OF SERVICE ARE RESERVED TO COMPANY.

6. Privacy Policy.

Company respects your right to privacy and understands that visitors want to
be in control of their personal information. Accordingly, Company has
developed a Privacy Policy located at:
(www.mytempesta.com/privacy-policy), that governs your use of the Website,
and You should review it carefully. By becoming a User, you understand that
we will obtain and share your information, and that your information may be
shared with third parties. We will use, store, and disclose your personal
information in accordance with our Privacy Policy, and your use of the Website
constitutes your consent to the terms set forth in the Privacy Policy. If you
disagree with any aspect of the Privacy Policy, then you should cease using
the Website.

7. Terms and Termination of Access.

This Agreement is effective starting on the date you use the Website for the
first time and continues until terminated in accordance with this Agreement.

You understand and agree that Company, in its sole discretion, may terminate
your right to use the Website, direct You to cease using the Website, and
discontinue or restrict your access to the Website, all without notice to You

and for any reason. You agree that Company shall not be liable to You or to
any third party for any modification, suspension, or discontinuance of the
Website, or any parts thereof.

While Company may restrict your use of the Website for any reason or for no
reason at all, we will suspend, disable, delete, or otherwise limit or restrict your
access if Company determines that You have violated any provision of this
Agreement or that your conduct or content would tend to damage Company’s
reputation or goodwill. If Company deactivates or otherwise restricts your
access due to your misconduct, you shall not use the Website under a
different name or different email address.

Upon termination of this Agreement, all licenses granted by Company to You
will terminate. In the event of access restriction for any reason, whether on
your behalf or ours, content that You submitted may no longer be available.
Company is not responsible for the loss of such content.

8. Limitation of Liability.

You specifically agree that Company is not liable for any of your conduct while
using the Website. Company is also not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, or failure of any
email due to technical problems or traffic congestion on the internet or on the

Website, including any injury or damage to your or any other person’s
computer related to or resulting from use of the Website.

In no event shall Company be liable for any damages, including but not limited
to any direct, indirect, incidental, special, or consequential damages resulting
from your use or the inability to use the Website, any Company content, any
information accessible on the Website, from any messages received through
the Website, or resulting from unauthorized access to or alteration of
transmissions or data, including but not limited to, damages for loss of profits,
use, data, or other intangible property, whether based on contract, tort, strict
liability or otherwise, even if Company has been advised of the possibility of
such damages, to the fullest extent permitted by applicable law.

You agree that regardless of any statute or law to the contrary, You will file any
claim or cause of action arising out of or related to your use of the Website, or
to interpret or enforce the Terms of Service within one (1) year of receiving the
Terms of Service or be forever barred.

Company is not responsible for the conduct of any user. In no event shall
Company, its affiliates or its partners be directly or indirectly liable for any
losses or damages whatsoever, including but not limited to direct, indirect,
general, special, compensatory, consequential, and/or incidental damages,
arising out of or relating to the conduct of You or anyone else in connection

with Your use of the Website and Company’s Services including, without
limitation, death, bodily injury, emotional distress, and/or any other damages.

9. Disclaimers.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
INFORMATION ON THE WEBSITE, AND ANY COMPANY CONTENT, IS AT YOUR
SOLE RISK. THE COMPANY CONTENT IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY HAS NO OBLIGATION TO SCREEN OR
MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT
AVAILABLE ON COMPANY COMPLIES WITH THIS AGREEMENT OR IS
SUITABLE FOR ALL USERS.

COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.

COMPANY DOES NOT MAKE ANY WARRANTY THAT THE COMPANY
CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE,
VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY
EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY COMPANY CONTENT
PROVIDED TO YOU, COMPANY DOES NOT MAKE ANY WARRANTY
CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED

FROM THE USE OF THE COMPANY CONTENT PROVIDED ON OR THROUGH
THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY
INFORMATION DISPLAYED THEREON. COMPANY DOES NOT MAKE ANY
WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY
HYPERLINKED THIRD PARTY WEBSITE OR WEBSITE, INCLUDING ANY
ADVERTISER’S WEBSITE OR WEBSITE. COMPANY DOES NOT MAKE ANY
WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER
ON THE WEBSITE AND OTHER USERS OF THE WEBSITE. INFORMATION
OBTAINED BY YOU FROM THE WEBSITE SHALL NOT CREATE ANY
WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT
PERMITTED BY APPLICABLE LAW.

To the extent any disclaimer or limitation of liability does not apply, all
applicable express, implied, and statutory warranties will be limited in duration
to a period of thirty (30) days after the date on which You first used Company,
and no warranties shall apply after such period.

10. Your Conduct and Prohibited Activities.

Users are required to be civil and respectful at all times and in all interactions
with Company and with any other User. In addition, You shall not:

● Attempt to submit information to the Website with more than one email
address;
● Harass or stalk any other person;

● Harm or exploit minors;
● Act in a deceptive manner by, among other things, impersonating any
person or entity;
● Solicit money from Company or other Users;
● Post any content that is prohibited by Section 13 herein;
● Express or imply that any statements you make are endorsed by Us
without our specific prior written consent;
● Use the Website or our Services in an illegal manner or to commit an
illegal act;
● Access the Website in a jurisdiction in which it is illegal or unauthorized;
● Ask or use other Users to conceal the identity, source, or destination of
any illegally gained money or products;
● Use any robot, spider, site search/retrieval application, or other manual
or automatic device or process to retrieve, index, “data mine”, or in any
way reproduce or circumvent the navigational structure or presentation
of the Service or its contents;
● Collect others’ personal information by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or
linking to the Website;
● Interfere with or disrupt the Website or the servers or networks
connected to the Website;
● Email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt,

destroy or limit the functionality of any computer software, computer
hardware, or telecommunications equipment;
● Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted to or through the Website
(either directly or indirectly through use of third party software);
● “Frame” or “mirror” any part of the Website, without Company’s prior
written authorization;
● Use meta tags or code or other devices containing any reference to Us
or the Website (or any trademark, trade name, service mark, logo or
slogan of Company) to direct any person to any other website for any
purpose;
● Post, distribute, or reproduce in any way any copyrighted material,
trademarks, service marks, trade names, logos, slogans, or other
proprietary information without obtaining the prior consent of the owner
of such proprietary rights;
● Modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service any
software used on or for the Service, or cause others to do so;
● Post, use, transmit or distribute, directly or indirectly, (e.g. screen
scrape) in any manner or media any content or information obtained
from the Service other than solely in connection with your use of the
Service in accordance with this Agreement.
11. (a) Content Posted by You on Company.

You are solely responsible for the content and information that you post,
upload, publish, link to, transmit, record, display or otherwise make available
for use on the Website (collectively, “post”) to Company, including but not
limited to text messages, chats, videos (including streaming videos), and
photographs, whether publicly posted or privately transmitted (collectively,
“Content”). You agree that any Content you place or provide access to for use
on the Website may be viewed by Company as applicable for Company’s
provision of its Services to You.

You are solely responsible for all activities that you perform. You agree to
immediately notify Company of any disclosure or unauthorized use, or any
other breach of security, at info@mytempesta.com.

You may not post or transmit to Company or any other User any offensive,
inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating,
harassing, racially offensive, or illegal material, or any material that infringes
or violates another person’s rights (including intellectual property rights, and
rights of privacy and publicity), via the Website. You represent and warrant
that (i) all information that You submit is accurate and truthful and that You
will promptly update any information provided by You that subsequently
becomes inaccurate, incomplete, misleading or false and (ii) you have the
right to post the Content on Company and grant the licenses set forth below.

You understand and agree that Company may, but is not obligated to, monitor
or review any Content you post as part of the Website. We may delete any
Content, in whole or in part, that in our sole judgment violates this Agreement
or may harm the reputation of Company or the Company Website.

11. (b) Advertising

Company’s business may be partly funded through advertising. You
understand and agree that the Company website and your use thereof may
include advertisements, and that these are, in the sole discretion of Company,
necessary to support the website and the services provided by Company. To
help make the advertisements relevant and useful to you, Company may allow
advertisements based on the information we collect from you or in relation to
your interaction on our site.

11. (c) Automated Queries

Automated queries (including screen and database scraping, spiders, robots,
crawlers and any other automated activity with the purpose of obtaining
information from the Company website) are strictly prohibited, unless you
have received express written permission from Company. As a limited
exception, publicly available search engines and similar Internet navigation
tools (“Search Engines”) may query the Company website and provide an
index with links to the Company website, only to the extent such unlicensed
“fair use” is allowed by applicable copyright law. Search Engines are not

permitted to query or search information protected by a security verification
system (“captcha”) which limits access to human users.

11. (d) Links to Third Party Sites

Company’s website and services may include links to third-party products,
services, websites, hyperlinks to other websites, and materials provided by
third parties. Company does not endorse, and takes no responsibility for such
products, services, websites, and/or materials. Company makes no
representations or warranties regarding the legality or appropriateness of any
third party products, services, websites, hyperlinks or materials. You
understand that Company has no obligation to, and does not, review, evaluate,
approve or monitor materials provided by third parties. Your dealings with any
third party arising in connection with your use of Company’s website are solely
between you and such third party, and Company takes no responsibility for
any damages or costs of any type arising out of or in any way connected with
your dealings with these third parties.

12. Licenses Granted by You to Us.

By posting Content as part of the Service, you automatically grant to
Company, its affiliates, licensees and successors, an irrevocable, perpetual,
non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and
license to (i) use, copy, store, perform, display, reproduce, record, play, adapt,
modify and distribute the Content, (ii) prepare derivative works of the Content

or incorporate the Content into other works, and (iii) grant and authorize
sublicenses of the foregoing in any media now known or hereafter created. In
addition, you waive any so-called “moral rights” in your Content. If you suggest
to Company any improvements or new features for Company or for its
Website, Company shall have the right to implement such suggestions without
any compensation to you.

13. Prohibited Content.

Your use of Company, including all Content You post, must comply with all
applicable laws and regulations. In addition to the types of Content described
in Section 10 above, the following is a partial list of Content which You are
prohibited from posting to Company. You shall not post, upload, display or
otherwise make available Content that:

● Promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
● Advocates harassment or intimidation of another person;
● Requests money from, or is intended to otherwise defraud, Company or
other Users;
● Involves the transmission of “junk mail”, “chain letters” or unsolicited
mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or
similar activities);

● Promotes information that is false or misleading, or promotes illegal
activities or conduct that is defamatory, libelous or otherwise
objectionable;
● Promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacturer installed
copy-protect devices, or providing pirated images, audio or video, or
links to pirated images, audio or video files;
● Contains video, audio photographs, or images of another person without
his or her permission (or in the case of a minor, the minor’s legal
guardian);
● Contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
● Provides material that exploits people in a sexual, violent or other illegal
manner, or solicits personal information from anyone under the age of
18;
● Provides instructional information about illegal activities such as
making or buying illegal weapons or drugs, violating someone’s privacy,
or providing, disseminating or creating computer viruses;
● Contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful, or disruptive codes, components or devices;
● Impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;

● Provides information or data you do not have a right to make available
under law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information);
● Disrupts the normal flow of dialogue, causes a screen to “scroll” faster
than other users are able to type, or otherwise negatively affects other
users’ ability to use the Website;
● Solicits passwords or personal identifying information of other Users for
commercial or unlawful purposes;
● Disseminates another person’s personal information without his or her
permission; or
● Publicizes or promotes commercial activities and/or sales, including but
not limited to contests, sweepstakes, barter, advertising, and pyramid
schemes, without our prior written consent.

Company reserves the right, in its sole discretion, to investigate and take any
legal action against anyone who violates this provision, including removing the
offending communication from the Website and terminating or suspending
access by such violators.

14. Your Representations and Warranties.

For each item of Content that you submit, you represent and warrant that: (i)
you have the right to submit the Content to Company and grant the licenses
set forth above; (ii) Company will not need to obtain licenses from any third

party or pay royalties to any third party; (iii) the Content does not infringe any
third party’s rights, including intellectual property rights and privacy rights; and
(iv) the Content complies with this Agreement and all applicable laws.

15. Indemnification.

You agree to indemnify, defend, and hold Company, its subsidiaries, affiliates,
officers, agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your breach of or failure to comply with this
Agreement (including any breach of your representations and warranties
contained herein), any postings or Content you provide to Company, and the
violation of any law or regulation by You. Company reserves the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Us in
connection therewith.

16. Copyright Policy, Notice and Procedure for Making Claims of
Copyright Infringement.

You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted on the

Website in a way that constitutes copyright infringement, please notify our
Copyright Agent at the following address:

To facilitate the processing of your claim, you will need to provide the
Copyright Agent with the following:

1. (i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2. (ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online website
are covered by a single notification, a representative list of such
works at that site.
3. (iii) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
4. (iv) Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,

and, an email address at which the complaining party may be
contacted.
5. (v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.
6. (vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.

Company reserves the right to terminate or restrict access by repeat
infringers.

17. Our Use of Your Information.

You agree that Company may access, preserve and disclose your information
and Content if required to do so by law or in a good faith belief that such
access, preservation or disclosure is reasonably necessary, such as to:

(i) Comply with legal process;

(ii) Enforce these Terms of Service;

(iii) Respond to claims that any Content violates the rights of third parties;

(iv) Respond to your requests for customer service;

(v) Allow you to use the Service in the future; or

(vi) Protect the rights, property or personal safety of Company or any other
person or entity.

18. Reliance on Information Posted

The information presented on or through the Website is made available solely
for general information purposes. We do not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its
contents.

This Website may include content provided by third parties, including
materials provided by other users, bloggers and third-party licensors,
syndicators, aggregators and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided by any third parties.

19. MANDATORY BINDING ARBITRATION AND CLASS ACTION
WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT
IN COURT.

Claims relating to this Agreement or the Service will be resolved through final
and binding arbitration, except as set forth below. The parties agree that the
Agreement affects interstate commerce and that the Federal Arbitration Act
governs the interpretation and enforcement of these arbitration provisions.

Initial Dispute Resolution: The parties agree that most disputes can be
resolved without resort to litigation. The parties agree to use their best efforts
to settle any dispute, claim, question, or disagreement directly through
consultation with each other, and good faith negotiations shall be a condition
to either party initiating a lawsuit or arbitration. Accordingly, before initiating a
lawsuit or arbitration, you agree to contact Company to attempt to resolve the
dispute in good faith.

Binding Arbitration & Class Action Waiver: If the parties do not reach an
agreed-upon solution within a period of thirty (30) days from the time the
informal dispute resolution is initiated under the Initial Dispute Resolution
provision above, then either party may initiate binding arbitration as the sole
means to resolve claims, subject to the terms set forth below. Specifically, all
claims arising out of or relating to the Agreement (including its formation,

performance and breach), the parties’ relationship with each other and/or your
use of the Website shall be finally settled by binding arbitration administered
by the American Arbitration Association under its Commercial Arbitration
Rules, excluding any rules or procedures governing or permitting class
actions.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a
Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists
your and Company’s names and addresses, (iii) specify the amount of money
in dispute, if applicable, (iv) identify the requested location for a hearing if an
in-person hearing is requested, and (v) state what you want in the dispute; (b)
Send one copy of the Demand to the AAA, along with a copy of these Terms
and the filing fee required by the AAA; and (c) Send one copy of the Demand
for Arbitration to us at info@mytempesta.com.

The parties understand that, absent this mandatory arbitration provision, they
would have the right to sue in court. They further understand that, in some
instances, the costs of arbitration could exceed the costs of litigation and the
right to discovery may be more limited in arbitration than in court. If you are a
resident of the United States, arbitration may take place in the county where
you reside at the time of filing, unless you and we both agree to another
location or telephonic arbitration. For individuals residing outside the United
States, arbitration shall be initiated in Broward County, Florida, United States,
and you and Company agree to submit to the personal jurisdiction of any

federal or state court in Broward County, Florida, United States, in order 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 EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If
any court or arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that arbitration can
proceed on a class basis, then the disputes, claims or controversies will not be
subject to arbitration and must be litigated in state or federal court located in
Broward County, Florida, United States. The arbitrator, and not any federal,
state or local court or agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of the Agreement, including, but not limited to any
claim that all or any part of the Agreement is void or voidable, or whether a
claim is subject to arbitration. The arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity. The
arbitrator’s award shall be written, and binding on the Parties and judgment on
the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Arbitration will be held in Broward County, Florida, United
States. If any court or arbitrator determines that this arbitration provision is
void or unenforceable for any reason or that the parties are not bound to

arbitrate their claims, then the disputes, claims or controversies deemed not
to be subject to arbitration must be litigated in state or federal court located
in. Broward County, Florida, United States.

Exception: Litigation of Intellectual Property Claims: Notwithstanding the
foregoing, disputes, claims, or controversies concerning (1) either party’s
patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims
of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall
not be subject to arbitration.

20. Miscellaneous Provisions.

A. Applicable Law

You acknowledge that the Content contained in the Company Website is
controlled in and originates from the United States. Company does not make
any representation that any of the Content is appropriate or available for use
in other locations. Any claim relating to the use of the Website and any
Content displayed thereon, shall be governed by the internal substantive laws
of the State of Florida, without regard to its conflicts of laws rules. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You expressly consent to
the personal and exclusive jurisdiction of the state and federal courts located
in, or having jurisdiction over, Broward County, Florida, United States for any
such claim. You further agree that in the event Company prevails in any

litigation or arbitration proceeding to interpret or enforce a party’s rights under
these Terms of Service, the court or arbitration panel shall have the right and
duty, in addition to awarding any relief deemed appropriate in the
circumstances, to award Company its reasonable attorneys’ fees, costs, and
litigation expenses incurred in prosecuting or defending such action or
proceeding, at trial, at any arbitration proceeding, on appeal, or in any
proceeding to enforce any final judgment or arbitration award. Each party
irrevocably and unconditionally waives any right it may have to a trial by jury in
respect of any legal action arising out of or relating to this Agreement.

B. Assignment

This Agreement shall bind and inure to the benefit of Company’s successors,
assigns and licensees. Company shall have the right to assign or otherwise
transfer its rights or obligations under this Agreement whether by contract,
merger, sale of all or substantially all of Company’s assets, or operation of law
without your consent, or notice to You. Any attempted assignment by You
shall be null and void, and not have any legal force or effect.

C. Waiver

The failure of Company to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision.

D. Severability

If any provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the Terms of Service remain in full force and
effect.

E. Entire Agreement

These Terms of Service, and your consent thereto as demonstrated by your
use of the Website, constitute the entire agreement between You and
Company relating to the subject matter of this Agreement.

F. Descriptive Headings

The headings of the several sections of this Agreement are intended for
convenience of reference only and are not intended to be a part of or affect
the meaning or interpretation of this Agreement.

G. Hosting of the Service; Export Restrictions.The Website is controlled and
operated from facilities in the United States. Company makes no
representations that the Website is appropriate or available for use in other
locations. Anyone who accesses or uses the Website from other jurisdictions
(or who allow their Authorized Users to do so) do so of their own volition and
are responsible for compliance with all applicable United States and local
laws and regulations, including but not limited to export and import regulations. If you are located outside of the United States, you agree that we
may transfer, store and process your data in locations other than your country.
The export and re-export of content via the website may be controlled by the
United States Export Administration Regulations or other applicable export
restrictions or embargo. The website may not be used in any country that is
subject to an embargo by the United States and you may not use the website
in violation of any export restriction or embargo by the United States or any
other applicable jurisdiction. In addition, you must ensure that the Website is
not made available by you for use by persons or entities blocked or denied by
the United States government.

H. Information Providing On The Website

The information provided on the Website may mirror information from publicly
available sites or information that was obtained by the Company and/or the
Website. If the respective information on the Website belongs to you and you
have any complaints about the use of either your intellectual property or
personal contact information, please contact info@mytempesta.com
immediately.