Terms and Condition

Thank you for visiting this Web site (the "Site"), which is provided by Jose Hess Design, LLC (“Jose Hess”, “we” , “our” , or “us”).

Your use of this Site and any purchases you make from this Site are subject to our Terms and Conditions ("Terms and Conditions"), our Privacy Policy, which is hereby incorporated by reference, other notices posted on the Site, and all applicable laws and regulations. Please read these Terms and Conditions carefully before accessing and using this Site.

By using the Site, you agree to be bound by our Terms and Conditions, and acknowledge that any other agreements between you and us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.

We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. You are bound by any such revisions and, therefore, you should visit this page periodically to review the current Terms and Conditions. For your convenience, the date of the last update to the Terms and Conditions appears at the bottom of this document.

PROPRIETORSHIP OF CONTENT AND TRADEMARKS

Our Site provides information about our company and the products and services we offer. The Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the "Content") is owned and copyrighted by us or licensed to us by third parties. The trademarks of others that may be referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission.

RESTRICTED RIGHT TO USE THIS SITE

You may access the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Content. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.

Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without Jose Hess’s prior written permission. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the internet or any other local or international computer system.

To a limited extent, you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit an infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.

You are prohibited from using the Site to advertise or perform any commercial solicitation.

If you violate any of these terms, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.

SUBMISSIONS

Any personal identifiable information you transmit or upload to the Site will be treated by  Jose Hess Design llc in accordance with its Privacy Policy.

PRODUCT IMAGES and DESCRIPTIONS

Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings.

PRODUCT PRICING FOR ON-LINE PURCHASES FROM THIS SITE

Our prices are subject to change without notice. We do not negotiate prices on products we offer through the Site. We use our best efforts to ensure that the information on the Site and the price of our products are displayed accurately. However, some system or typographical errors may occur. We reserve the right to correct any and all errors on our website, including pricing errors. We do not honor inaccurate or erroneous prices. If you have any questions, please contact us at info@josehess.com  We apologize for any inconvenience this may cause.
 

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS-IS" "WHERE-IS"  "AS AVAILABLE" AND WITH "ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER JOSE HESS DESIGN LLC (NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES), OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA. YOU AGREE THAT NONE OF THE JOSE HESS DESIGN llc  Jose Hess”, “we” , “our” , or “us”)SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

THIRD PARTY CONTENT

This Site may offer you links to other web sites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and are not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.

TERMINATION

We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.

REPRESENTATION

You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.

JOSE HESS DESIGN llc POLICY ON UNSOLICITED IDEA SUBMISSIONS

Neither Jose Hess  nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new product names, new promotions, new or improved products or technologies, product designs, enhancements, processes or materials. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to Jose Hess or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Jose Hess Design llc products, designs, advertising or marketing strategies might seem similar to ideas submitted to Jose Hess.  Jose Hess Design LLC  depends on its employees and consultants for ideas involving new designs, products and improvements to existing products, advertising, promotion and marketing strategies. These employees and consultants have firmly-established legal relationships with Jose Hess If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter, email or call says, the following terms shall apply to your submissions.

TERMS OF IDEA SUBMISSION

You agree that: (1) your submissions and their contents will automatically become the property of Jose Hess Design LLC, without any compensation to you; (2) Jose Hess may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Jose Hess  to review the submission; and (4) there is no obligation to keep any submissions confidential.

GENERAL PROVISIONS

We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. You agree that the state and federal courts of the State of Florida shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site, these Terms and Conditions, or any purchase from this Site and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.

Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.

Privacy Policy

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

Jose Hess Design LLC may collect and use Users personal information for the following purposes:

• - To improve customer service
  Information you provide helps us respond to your customer service requests and support needs more efficiently.

• - To process payments
  We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

• - To send periodic emails
  We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

CHANGES TO THIS PRIVACY POLICY

Jose Hess has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Jose Hess Design LLC 
info@josehess.com

Updated 2024