Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by Delineo FYC, LLC, a Florida limited liability company (hereinafter, “DELINEOUSA.COM”, “Our” and “Us”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.
Binding Agreement. These Terms and Conditions (as they may be amended from time to time by DELINEOUSA.COM) form a binding agreement between you and DELINEOUSA.COM. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
Certain Definitions. These Terms and Conditions (as they may be amended from time to time by DELINEOUSA.COM) form a binding agreement between you and DELINEOUSA.COM. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
"DELINEOUSA.COM Web Site" or the "Site" includes “www.delineousa.com” in its entirety and related sites owned or operated by DELINEOUSA.COM and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
“Agreement” means these Terms and Conditions as outlined herein.
“Business Days” means all weekdays excluding weekends and federal holidays in the United States of America.
“Calendar Days” means all weekdays, weekends and federal holidays in the United States of America.
"Customer" means a person or entity who is accessing the Site to purchase goods or who has purchased goods on the Site.
“You”, “you” and “User” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Goods" means any goods provided on the Site by DELINEOUSA.COM or its agents.
“Unit” means each item of goods as described on the Site.
Term and Payment for Goods. The Customer agrees to pay DELINEOUSA.COM for the Goods ordered at the price described on the Site, or if no price is given at the last price quoted, or billed at the prevailing market price. This Agreement shall commence on the first date of Customer’s access of Site and shall continue until receipt of full payment by DELINEOUSA.COM from Customer.
Shipping. Delivery time may vary depending on the inventory available, Customer’s delivery address, the date Customer placed the order, and other circumstances that may cause such delay. DELINEOUSA.COM shall ship at Customer’s shipping address and any shipping costs shall be paid solely by the Customer.
Taxes and Other Costs. Customer shall pay any and all taxes, custom duties and any other costs not expressly included in this Agreement.
Applicable Laws. DELINEOUSA.COM represents that the Goods covered by this Agreement were not manufactured and are not being sold or priced in violation of any federal, state or local law.
Exchange and/or Return Policy of Custom Orders. The Customer shall not cancel, return or exchange any custom orders under any circumstances, except within the sole discretion of DELINEOUSA.COM.
Right of Rescission. Customer may cancel its transaction at any time prior to midnight of the 3rd business day after the date of its transaction. Customer may cancel its transaction, without any penalty or obligation, within 3 business days from the date of the order. If Customer cancels, any Goods traded in, any payments made by Customer, and any negotiable instrument executed by Customer under the Agreement or transaction will be returned within 10 business days following receipt by DELINEOUSA.COM of your cancellation notice, and any security interest arising out of the transaction will be cancelled. To cancel your transaction, mail or deliver a signed and dated copy of your cancellation notice or any other written notice, to Delineo FYC, LLC, 2344 N.E. 2nd Ave., Miami, FL 33137.
Cancellation Fee and Cancellation Procedure. If Customer returns any non-custom order it is subject to the cancellation fee equal to 35% of the unit price for each unit returned after 3 business days from the date of this Agreement. Prior to the receipt of Goods, Customer may cancel any part of the undelivered portion of its order, if DELINEOUSA.COM does not make shipment as specified, or if DELINEOUSA.COM breaches any of the terms hereof including, without limitation, the warranties of DELINEOUSA.COM. Such cancellation shall be made by Customer within 3 business days from the date of Customer’s order. Customer shall give DELINEOUSA.COM a written notice of such cancellation and Customer will be subject to the Cancellation Fee as described herein if the cancellation is made after 3 calendar days from the date of this Agreement.
Inspection and Acceptance. All Goods shall be received subject to Customer’s right of inspection and rejection. Defective goods or goods not in accordance with Customer’s specifications shall be held for DELINEOUSA.COM’S instruction at Customer’s risk and if DELINEOUSA.COM so directs, will be returned at DELINEOUSA.COM’S expense to DELINEOUSA.COM, if the goods received are not in accordance with Customer's specifications. Such return must be shipped in a new box as Customer acknowledges that the goods are fragile. If DELINEOUSA.COM receives the goods in a damaged condition then Customer bears the loss. DELINEOUSA.COM shall pay any and all expenses relating to return of goods, if the goods were not delivered in accordance with Customer’s specifications. If inspection discloses that part of the goods received are not in accordance with Customer’s specifications, Customer shall have the right to cancel any unshipped portion of the order. Payment for goods on this order to inspection shall not constitute acceptance thereof.
Credit Card Payments and Chargeback Policy. Customer hereby agrees that all payments made with credit cards shall be non-refundable. Chargebacks on credit cards for goods provided will be defended if, in the reasonable opinion of DELINEOUSA.COM, the chargeback is not justified. Customer acknowledges and specifically agrees that chargebacks are unlawful if DELINEOUSA.COM ships the goods ordered by Customer. DELINEOUSA.COM shall only use this Agreement to dispute Customer’s chargeback with Customer’s bank and DELINEOUSA.COM’S processing company. If Customer has a billing dispute with DELINEOUSA.COM, the Customer must settle such dispute with DELINEOUSA.COM directly without initiating any chargeback procedures. In addition to legal fees, any Customer initiating a chargeback will be liable for the following charges via a collection agency including original value of the goods shipped: chargeback fee of $25.00, recovery fee of $30.00 and administrative fee of $40.00. Customer’s acceptance of this Agreement indicates Customer’s acceptance to pay the costs listed herein. In the event of a chargeback being raised, DELINEOUSA.COM may, at its sole discretion, provide all relevant information to a third party for the purposes of recovering the debt, or for the pursuit of civil or criminal proceedings. Information provided will include personally identifiable information, including, but not limited to, name, address, credit card information, date of birth, social security number. DELINEOUSA.COM may also include any additional information found from, or provided by, other sources. Please note that a collection agency action may negatively impact Customer’s credit.
Acceptable Use of the Site.
General Use Rules. The Site is intended for individuals for the purchase of the Goods available on the Site. You may use this Site only for lawful purposes within the stated context of DELINEOUSA.COM'S intended and acceptable use of the Site. DELINEOUSA.COM is the sole interpreter of the Site’s intended and acceptable use.
Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of DELINEOUSA.COM or its licensors, and is protected by United States copyright law and international treaties. DELINEOUSA.COM reserves for itself and its licensors all right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. " DELINEOUSA.COM," the DELINEOUSA.COM design logo and certain other names or logos are service marks or trademarks of DELINEOUSA.COM, and all related product and service names, design marks and slogans are the trademarks of DELINEOUSA.COM. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by DELINEOUSA.COM‘S trademarks and copyrights. All other product marks contained on the Site are the trademarks of their respective owners.
Warranty Specifications. DELINEOUSA.COM expressly warrants that all the Goods covered by this Agreement or description or specification furnished by Customer will be in accordance with such order, description or specification and free from defects in material and/or workmanship, and merchantable. Such warranty shall survive delivery until Customer’s inspection as mentioned above, and shall not be deemed waived either by reason of Customer's acceptance of said materials or articles or by payment for them. Customer shall inspect the delivered Goods within 3 calendar days from the delivery date and notify DELINEOUSA.COM in writing if the Goods do not meet Customer’s specifications. Failure of Customer to inspect and notify DELINEOUSA.COM within 3 calendar days of delivery date shall be considered acceptance by Customer and DELINEOUSA.COM shall not be liable for any and all deviations from this order or specifications furnished hereunder. Customer warrants and represents that Customer shall engage a licensed electrician to install the Goods and Customer shall remain solely responsible for any and all damages that it incurs due to its failure to properly follow instructions provided with the Goods and/or its failure to engage a licensed electrician to install the Goods.
Disclaimers and Limitations on DELINEOUSA.COM’S Liability.
Allocation of Responsibility. DELINEOUSA.COM assumes no responsibility for the activities, omissions or other conduct of Customers.
No Endorsements by DELINEOUSA.COM. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Customer or third party, whether in regards to its Web site, goods, products, services, or otherwise.
No Guaranty of Results. DELINEOUSA.COM makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the Customer’s objectives.
(a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DELINEOUSA.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. DELINEOUSA.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
DELINEOUSA.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DELINEOUSA.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
DELINEOUSA.COM makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Customers, or of any other form of communication engaged in by Customers. Information provided by Customers may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Customers, or on any other form of communication with Customers, will be at your own risk.
DELINEOUSA.COM makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL DELINEOUSA.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELINEOUSA.COM HAS BEEN NOTIFIED OF SUCH DAMAGES.
(c) Due to the nature of these Terms and Conditions, in addition to money damages, DELINEOUSA.COM will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
Delivery; Title; and Risk of Loss. If Customer receives Goods from DELINEOUSA.COM’S place of business then delivery shall be completed upon the Customer’s acceptance of the Goods at DELINEOUSA.COM’S place of business and title to and risk of loss of the Goods will pass to the Customer upon such acceptance. If the Customer elects shipment of the Goods then DELINEOUSA.COM shall have the right, at its sole discretion, to deliver the Goods to a third party carrier of its choosing. Title to and risk of loss of the Goods will pass to the Customer upon such delivery to a third party carrier by DELINEOUSA.COM. Any stated delivery dates are approximate. DELINEOUSA.COM will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date or by failure of third party carrier to deliver any non-conforming goods.
Notwithstanding any of the provisions of this Agreement, all goods shipped outside the United States to any Customer who resides or is located outside the United States shall be final and no cancellation, refund, or exchange shall be permitted, except within the sole discretion of DELINEOUSA.COM.
Amendments to this Agreement and Changes to Site. DELINEOUSA.COM may revise these Terms and Conditions at any time by updating this page and Site. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes.
Indemnity. You agree to defend, indemnify, and hold harmless DELINEOUSA.COM (and its managers, members, officers, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. DELINEOUSA.COM shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
General. DELINEOUSA.COM’S contact information is listed on the Site. DELINEOUSA.COM makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access DELINEOUSA.COM from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Florida, United States of America without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in the county of DELINEOUSA.COM’S principle place of business in the United States of America. You and DELINEOUSA.COM’S sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by DELINEOUSA.COM in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and DELINEOUSA.COM.
Mediation and Arbitration. Any disputes between the parties hereto, whether arising under this Agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a mediator in the County of the principal office of DELINEOUSA.COM, and any mediation shall be held in the County of the principal office of DELINEOUSA.COM. Customer shall pay all costs of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of the principal address of DELINEOUSA.COM. The arbitration shall be held in the County of the principal office of DELINEOUSA.COM and the non prevailing shall bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 calendar days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by and arbitration shall be conducted by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida statutes. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
Termination. DELINEOUSA.COM reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) this Agreement; (b) registration with or ability to access DELINEOUSA.COM and/or any other service provided to you by DELINEOUSA.COM.
Severability. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement.
Attorney’s Fees and Costs. The non-prevailing party in any dispute under this Agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute. Customer shall pay all collection costs and attorney’s fees incurred by DELINEOUSA.COM to collect monies owed under this Agreement.
Non-Circumvention. Customer agrees that the terms and conditions of this Agreement are fully applicable and binding to itself, its officers, directors, shareholders, affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns or executors, and Customer irrevocably binds itself not to deal independently with any person, business, corporations, partnership, sellers, borrowers, lenders, agents, brokers, institutions, including their affiliates, subsidiaries, contractees, clients, representatives, employees, associates, assigns, trustees, heirs and/or assigns, or executors or other entities introduced or known to Customer, without the knowledge of DELINEOUSA.COM, subject to all of the terms and conditions in this Agreement. Customer agrees not to attempt to circumvent, avoid or bypass DELINEOUSA.COM in any manner, regarding any agreements or disclosures made between the parties hereto.
Modification. No change or modification of this Agreement shall be valid unless it is in writing and approved by DELINEOUSA.COM.
Venue and Jurisdiction. Should a lawsuit or arbitration be necessary to enforce this Agreement the parties agree that jurisdiction and venue are waived and suit or arbitration shall be brought in the County of the principal office of DELINEOUSA.COM in the United States of America.
No-Waivers. The waiver by any party of any other party's breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach. No action on the part of either party to this Agreement shall be interpreted as waiver unless such action shall be in writing.
Governing Law. This Agreement shall be governed by the laws of the State of Florida, United States of America (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance.