Terms & Conditions

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TERMS & CONDITIONS

Please read the following terms of use relating to your use of this site, and all the sites listed below under our brand, carefully. By using these sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.

PERSEID LLC’s TERMS OF USE AGREEMENT

The websites (“Websites”), located at www.dralexdelille.com and https://dralexdelille.mykajabi.com/ domain names are published and maintained by Perseid, LLC, and/or its affiliates (collectively known herein as “Perseid”) in Fort Collins, Colorado. By accessing and using the Websites, and/or using the services or goods offered on or through the Websites (the “Services”), you agree to this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time.

1. Websites Purpose and License to User. The purpose of the Websites is to provide the public with general information about Perseid as well as helpful, educational and motivational information. The Websites, all Services, and all Content (meaning all material on the Websites or offered through the Services, including, without limitation, all images, text, audio, webinars, downloads, applications, articles, photographs, and their selection and arrangement) are provided only for personal, educational, and non-commercial use. Commercial use or publication of images and Content on these Websites is specifically prohibited.

Subject to your compliance with these Terms of Use, Perseid grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Perseid. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Perseid. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Content, images, text, page layout, or form) of Perseid without express written consent. You may not use any meta tags or any other “hidden text” utilizing Perseid’s name or trademarks without the express written consent of Perseid. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Perseid terminate if you do not comply with these Terms of Use.

1. Copyright Ownership and Restrictions. All Content is owned and controlled by Perseid, and/or third parties and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. All Content on the Websites is copyright Perseid and all rights are reserved. You agree to abide by all such laws and all restrictions displayed on the Websites in conjunction with particular Content.
2. Intellectual Property. The Websites and its contents are owned by Perseid or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials, trademarks or trade dress, is used by permission of third parties. Except as allowed by law (such as fair use) or as expressly permitted in connection with specific content, these Websites and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of Perseid or the third-party owner.
3. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), Perseid has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact Perseid’s DMCA Registered Agent at email address alexandra.delille@gmail.comor by mail to:

Alexandra De Lille

Perseid LLC

1001 A East Harmony Road

Box #207

Fort Collins, Co 80525

USA

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

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:

- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the site;

- Your address, telephone number, and e-mail address;

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

1. Electronic Communications. When you use the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on these Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Inappropriate Use and Access. You may not use the Websites or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law. You may not use the Websites or Services to send spam or any unsolicited email advertisements to any user of the Websites, or to the Websites itself, through any computer systems. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on Perseid’s network infrastructure, as determined by Perseid in its sole discretion.

You may not interfere or attempt to interfere with the proper working of the Websites or any Services. You may not bypass any measures Perseid  may use to prevent or restrict access to the Websites, Content, or Services. You may not link from any other website to these Websites in any manner such that these Websites, or any Content, is “framed” or surrounded by any other content, materials, or branding.

1. Purchasing Products. The Websites Services may include the ability to purchase Perseid products.

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Perseid may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the ordered item(s). You may be charged for orders at the time of the order or when the order has shipped.

These Websites may contain typographical errors or inaccuracies and may not be complete or current. Perseid therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Delivery of items purchased from the Websites to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.

Perseid, in its sole discretion, offer to take returns of purchased items. Perseid does not take title to returned items until the item arrives at our fulfillment center. A refund may not be issued without a return.

1. Disclaimer. Your use of the Websites, Content, and Services is at your own risk. THE WEBSITES, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, Perseid MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITES, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR Perseid’s NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL Perseid BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, CONTENT, OR SERVICES, EVEN IF Perseid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Perseid’s TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITES, CONTENT, AND SERVICES.
2. Links. The Websites may contain links to other websites (“Linked Sites”) operated by parties other than Perseid. Perseid has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and Perseid is not responsible for the content of any off-site pages or other Linked Sites. Perseid’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.
3. Privacy. Your privacy is important to us. When you visit www.dralexdelille.com or https://dralexdelille.mykajabi.com/ we do not collect any personally identifiable information about you unless you specifically provide it to us. Except as required by law or expressly authorized by you, we will not provide any personally identifiable information regarding you to any third parties. Any personally identifiable information that you submit to us will be used solely for the purpose of responding to inquiries or requests made by you.

Your visit to our Websites is tracked through a standard web traffic statistics program, which keeps records of traffic on the Websites, as well as numerical counts of visitors by domain, URL, search engine, keywords used, and other standard web measurements.

Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. If and when you request pages from our Websites, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on these Websites; the Websites you visit after these Websites; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on these Websites or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Websites. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Websites, or anyone else that could be harmed by such activities.

By using Perseid, its affiliates and/or licensors websites, you consent to our use of your information as described in this Privacy Statement. We reserve the right to change our Privacy Statement at any time without advance notice. Should any new policy go into effect, we will post it on these Websites, and the revised Statement will apply only to information collected thereafter.

1. Termination. We may block, suspend, or terminate your use of the Websites, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: your breach of this Agreement; Perseid is unable to verify or authenticate any information you provide to us. Perseid believes that your actions could cause financial loss or legal liability to Perseid or other users of the Websites; and routine network maintenance affecting all users.
2. Changes to this Agreement. We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Websites or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
3. Jurisdictional Issues. The Websites are controlled and operated by Perseid from its principal office in Fort Collins, Colorado, U.S.A., and is not intended to subject Perseid to the laws or jurisdiction of any state, country, or territory other than that of Colorado and of the United States of America. Perseid does not represent or warrant that the Websites or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Websites or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Websites to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
4. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Websites or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Any dispute arising out of the use, viewing or access to these Websites shall be submitted to arbitration, pursuant to the rules of the American Arbitration Association. Venue for any arbitration proceeding shall be Fort Collins, Colorado, unless otherwise agreed by the parties or ordered by the Arbitrator. The Arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.

1. General. This is the entire Agreement between you and Perseid and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Perseid, LLC’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

Contact

Direct all questions regarding this statement to:

1001 A East Harmony Road, #207, Fort Collins, CO 80525, USA