Camino Concierge, managed by Michelle Lessard Enterprises LLC, (“we,” “us,” or “our”) welcomes you. We invite you to access and use our website, including, without limitation caminoconcierge.com and caminoconcierge.net, (the “Website”).
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
Description and Use of Our Website
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly available content on the Website; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Website; (iv) post comments and other content on the Website (collectively, “Your User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Camino Concierge community.
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.
License to Use Website
Unless otherwise stated, Camino Concierge and/or its licensors own the intellectual property rights in the Website and material on the Website. The Website may contain items such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Camino Concierge (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Subject to the license below, all these intellectual property rights are reserved. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may view, download for caching purposes only, and print pages or other Content from the Website for your own personal and non-commercial use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.
Other than as expressly set forth in the immediate prior sentences, you have no other rights in or to the Content (other than your own User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Camino Concierge. Camino Concierge retains all rights, titles, and interests, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content.
The use or posting of the Content on any other Website, social media page, or in a networked computer environment for any purpose is expressly prohibited, unless utilizing the “share” feature and ensuring Camino Concierge retains credit.
You must not:
- republish material from this Website (including republication on another Website, social media page or networked computer);
- sell, rent, transfer, assign, license, or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from this Website except for content specifically and expressly made available for redistribution.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Camino Concierge (the “Camino Concierge Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Camino Concierge. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Camino Concierge Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Camino Concierge Trademarks is to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website without Camino Concierge’s express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without Camino Concierge’s express written consent.
Access to certain areas of this Website is restricted. Camino Concierge reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at Camino Concierge’s discretion.
During the registration process for Registered Users, if this feature is available, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier.
Camino Concierge may disable your user ID and password at Camino Concierge’s sole discretion without notice or explanation. We also reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Your User Content
In these Terms and Conditions, “Your User Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you post or upload to this Website, for whatever purpose and inclusion to the Website. This content will be accessible by others, and there is no confidentiality or privacy with respect to such user content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT CAMINO CONCIERGE, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.
You grant to Camino Concierge a worldwide, irrevocable, non-exclusive, royalty-free license to use, modify, compile, combine with other content, copy, record, reproduce, adapt, publish, translate, synchronize, transmit, format, distribute, publicly display, publicly perform and otherwise use of Your User Content in any existing or future media, methods or technology. You also grant to Camino Concierge the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You also grant us and our sublicensees the right, but not the obligation, to use your Your User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Your User Content permitted by the previous sentence and/or to advertise and promote the Website, Camino Concierge, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of Your User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Your User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Camino Concierge or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Camino Concierge reserves the right to edit or remove any material submitted to this Website, stored on Camino Concierge’s servers, or hosted or published on this Website.
Notwithstanding Camino Concierge’s rights under these Terms and Conditions in relation to user content, Camino Concierge does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
Communications with Us
Although we encourage you to email us, we do not want you to, and you should not email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Digital Millennium Copyright Act
Camino Concierge respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement that may be given under that Act is as follows:
Michelle Lessard Enterprises LLC
943 Buck Hill Road
Prescott, AZ 86303
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Website to engage in any commercial activities;
- If you post any of Your User Content, you will stay on topic;
- You will not access or use the Website to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
- You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Community Guidelines.
Fees and Payments
As consideration for any purchase you make on the Website, you shall pay Michelle Lessard Enterprises LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Michelle Lessard Enterprises LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible for paying. You are advised to check with your bank and credit card issuer for details.
Third-party and Associate Links
Any link to a third party for the purchase of a service or product is fully managed by that organization and website. Michelle Lessard Enterprises LLC assumes no responsibility for the inventory, purchases, shipments, or refunds with third-party resources. As an Amazon Associate, Michelle Lessard Enterprises LLC does earn from qualifying purchases and this is clearly indicated on all web pages that contain Amazon Associate links.
This Website is provided “as is” without any representations or warranties, express or implied. Camino Concierge makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, Camino Concierge does not warrant that:
- this Website will be constantly available, or available at all; or
- this Website will operate error-free; or
- this Website, their servers, or the content are free of computer viruses or similar contamination or destructive features; or
- the information on this Website is complete, true, accurate, or non-misleading.
Nothing on this Website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
The Website may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the Website. The Website may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the Website at any time without notice.
The Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Limitations of Liability
Camino Concierge will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Website or the content;
- for any indirect, special or consequential loss or damages that may suffer as a result of your use of the Website or the content; or
- for any personal or business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Camino Concierge has been expressly advised of the potential loss.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Camino Concierge’s liability in respect of any:
- death or personal injury caused by Camino Concierge’s negligence;
- fraud or fraudulent misrepresentation on the part of Camino Concierge; or
- matter which it would be illegal or unlawful for Camino Concierge to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
You accept that, as a limited liability entity, Camino Concierge, managed by Michelle Lessard Enterprises LLC, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Camino Concierge’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Camino Concierge’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Camino Concierge.
If any provision of this Website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
Representations; Warranties; and Indemnity
If you are a Registered User, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to Your User Content and any other works that you incorporate into Your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
You hereby indemnify Camino Concierge and undertake to keep Camino Concierge indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Camino Concierge to a third party in settlement of a claim or dispute on the advice of Camino Concierge’s legal advisers) incurred or suffered by Camino Concierge arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches of these Terms and Conditions
Without prejudice to Camino Concierge’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Camino Concierge may take such action as Camino Concierge deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Camino Concierge may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
Camino Concierge may transfer, sub-contract, or otherwise deal with Camino Concierge’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms and Conditions, together with Disclaimer, constitute the entire agreement between you and Camino Concierge in relation to your use of this Website and supersede all previous agreements in respect of your use of this Website.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “License to Use Website,” “Your User Content” “Communications with Us,” “No Warranties; Limitations of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of AZ, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of AZ, USA.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Camino Concierge’s details
The full name of Camino Concierge is CaminoConcierge.com & CaminoConcierge.net and managed by the company, Michelle Lessard Enterprises LLC.
Michelle Lessard Enterprises LLC is registered in Arizona, United States under the filing number 264742.
Michelle Lessard Enterprises LLC’s registered address is 943 Buck Hill Road, Scottsdale, AZ 86303 USA.
You can contact Camino Concierge by email at firstname.lastname@example.org.
Portions of this document were created using a Contractology template available at http://www.contractology.com.