These Terms and Conditions of Use (the “Terms of Use”) apply to the WillyEstell website located at http://www.willyestell.com, and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively, the “Site”). As used in these Terms of Use, “WillyEstell”, “us”, or “we” refers to WillyEstell and affiliates. BY USING THE SITE, YOU FULLY AND UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

WillyEstell reserves the right, at its sole discretion, to modify, change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, WillyEstell grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Use of the Site

WillyEstell grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms of Use. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Site, you warrant to WillyEstell that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of WillyEstell or others. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  1. Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
  2. download, copy, publish, or transmit any Content for the benefit of any other merchant;
  3. use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, deep-link, page-scrape, spiders, robots, avatars, intelligent agents, automatic device, program, algorithm or methodology, or similar or equivalent manual process) to access, acquire, copy, or monitor any portion of the site or any Content, in any way reproduce or circumvent the navigational structure or presentation of the Site of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, or to search the Site other than the search engine and search agents provided by WillyEstell or generally publicly available browsers;
  4. frame, mirror, or use framing techniques on any part of the Site without WillyEstell’s express prior written consent;
  5. make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use;
  6. use any meta tags or any other hidden text utilizing WillyEstell’s name or marks;
  7. misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  8. use a buying agent to conduct transactions on the Site;
  9. conduct fraudulent activities on the Site;
  10. violate or attempt to violate the security of the Site or any network connected to the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the WillyEstell Site) or to the Site (impersonating another user);
  11. send unsolicited or unauthorized email on behalf of WillyEstell, including promotions and/or advertising of products or services;
  12. tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the proper working or functionality of the Site or any activity being conducted on the Site;
  13. use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  14. reverse look-up, trace or seek to trace, harvest or collect personally identifiable information about other users of the Site;
  15. exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than you own information, as provided by the Site;
  16. restrict or inhibit or attempt to restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  17. use the Site to advertise or offer to sell or buy any goods or services without WillyEstell’s express prior written consent;
  18. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
  19. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
  20. remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

WillyEstell reserves the right to bar any such activity.

Modification of the Site

WillyEstell reserves the right to modify, suspend, and/or discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason without notice. You agree that WillyEstell will not be liable to you or to any third party for any modification, suspension, discontinuance of the Site, or any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination. WillyEstell may change the information and materials on the Site from time to time at its sole discretion. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms of Use.

Privacy

WillyEstell’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  All information collected on the Site is subject to WillyEstell’s Privacy Policy. To view WillyEstell’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Accounts, Passwords and Security

If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify WillyEstell immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by WillyEstell or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. WillyEstell reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Linking to the Website and Social Media Features

The Site may contain references to names, marks, products, services, or links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. WillyEstell is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, WillyEstell strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The references to names, marks, products, services, or links and interactive functionality for third-party sites on the Site do not constitute or imply an endorsement, sponsorship, recommendation of the product, services, or website by WillyEstell of such third-party sites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

You may link to the homepage of the WillyEstell website, provided you do so in a way that is fair and legal and does not damage the reputation of or take advantage of the reputation of WillyEstell, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by WillyEstell.

The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with WillyEstell in causing any unauthorized framing or linking immediately to cease.  WillyEstell reserves the right to withdraw linking permission without notice.

WillyEstell may disable or block all or any social media features and any links to or from the Site at any time without notice in its sole discretion.

Reservations and Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to WillyEstell the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased or rented from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All reservations and transactions made through the Site are subject to the acceptance of WillyEstell, in its sole discretion. WillyEstell reserves the right, without limitation, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any user from making or completing any or all Transaction(s); (iii) refuse to provide any user with any product or service; and (iv) refuse to accept or cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any and no reason, in its sole discretion, and without liability to you or any third party. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

WillyEstell or our agents may email, call, and/or text by telephone regarding your account or your Transactions. You agree that we may email, call, and/or text you. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Intellectual Property

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (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; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on WillyEstell actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:

WillyEstell
7024 Pointer Ridge Rd
Midlothian, VA 23112

Disclaimers of Warranties

WillyEstell offers and displays products on this Site as reasonable representations of the potential configuration, design, specification, and of its products and services. However, WillyEstell does not guarantee that the products and services representations are accurate or that each product will be available. WillyEstell sells its products and services pursuant to specific purchase and service agreements which set forth all terms and conditions of the specific sale or service, including warranty terms and exclusions. Carefully read any such sale or service agreement. WillyEstell disclaims and excludes any and all express and implied warranties for the products and services which are not set forth in the sale or service agreement whether or not information on the products and/or services appears in this Site.

WillyEstell disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. WillyEstell disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. WillyEstell cannot and does not represent, warrant or guarantee that the Site will be error-free, virus-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. WillyEstell and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.TO THE FULL EXTENT PERMITTED BY LAW, WILLYESTELL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, ABSENCE OF VIRUSES, ABSENCE OF CONTAMINATION, ABSENCE OF DESTRUCTIVE FEATURES, AND THE ABSENCE OF MALWARE OR HARMFUL COMPONENTS IN EMAILS SENT FROM WILLYESTELL. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WILLYESTELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk. WILLYESTELL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WILLYESTELL SERVICES.

YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WILLYESTELL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, interruption, error, omission, defect, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 Jurisdictional Issues

The Site is controlled and operated by WillyEstell from the United States, and is not intended to subject WillyEstell to the laws or jurisdiction of any state, country or territory other than that of the United States. WillyEstell does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. WillyEstell may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction, at any time and in its sole discretion.

Limitation of Liability

IN NO EVENT WILL WILLYESTELL, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT  (COLLECTIVELY, THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST OF DATA, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LITIGATION, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, AND/OR THE LIKE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY INFORMATION PROVIDED BY THE SITE (C) ANY TRANSACTION ENTERED INTO THROUGH THE SITE  (D) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM WILLYESTELL, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (E) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (F) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND WILLYESTELL. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WILLYESTELL. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify and hold harmless WillyEstell, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, cause of action, judgments, awards, losses, investigations, inquiries, suits, costs, expenses or fees (including without limitation, reasonable attorneys’ fees and expenses) arising, directly or indirectly, in whole or in part, out of or relating to (a) your access to or use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms of Use.

Electronic Communications

When you visit the Site or send e-mails to WillyEstell, you are communicating with WillyEstell electronically. You consent to receive communications from WillyEstell electronically. WillyEstell will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that WillyEstell provides to you electronically satisfy any legal requirement that such communications be in writing.

Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Violation of These Terms of Use

WillyEstell may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with, either intentionally or unintentionally, WillyEstell’s rights or property, or the rights or property of visitors to or users of the Site, including WillyEstell’s customers. WillyEstell reserves the right at all times to disclose any information that WillyEstell deems necessary to comply with any applicable law, regulation, legal process or governmental request. WillyEstell also may disclose your information when WillyEstell determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that WillyEstell may preserve any transmittal or communication by you with WillyEstell through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or WillyEstell determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of WillyEstell, its employees, users of or visitors to the Site, and the public.

You agree that WillyEstell may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to WillyEstell, for which monetary damages would be inadequate, and you consent to WillyEstell obtaining any injunctive or equitable relief that WillyEstell deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WillyEstell may have at law or in equity.

You agree that WillyEstell may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If WillyEstell does take any legal action against you as a result of your violation of these Terms of Use, WillyEstell will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to WillyEstell. You agree that WillyEstell will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the site and all matters arising out of or related to these Terms of Use, including all disputes, will be governed by the laws of the State of Virginia, United States of America, without regard to its conflict of law principles. By using the Site, you agree that the State and Federal courts located in the County of Chesterfield, State of Virginia shall have exclusive jurisdiction over any dispute between you and WillyEstell relating in any way to the Site or these Terms of Use. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and WillyEstell relating in any way to the Site or these Terms of Use in any jurisdiction other than that specified in this paragraph. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Chesterfield, State of Virginia shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding relating in any way to the Site or these Terms of Use. Any claim under these Terms of Use must be brought within six (6) months after the cause of action arises, regardless of any law to the contrary, or such claim or cause of action is forever waived and barred.

THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES, DIRECTLY OR INDIRECTLY, PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

In the event of any controversy or dispute between WillyEstell and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then the parties shall be free to pursue any right or remedy available to them under applicable law. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party.

Miscellaneous

These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and WillyEstell with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition nor shall any course of conduct between WillyEstell and you or any other party be deemed to modify any provision of these Terms of Use. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void, invalid, illegal or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain valid, legal, enforceable and not affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use. WillyEstell will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

WillyEstell will not be responsible for failure to fulfill any obligation due to causes beyond its control.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Headings used in these Terms of Use are included for convenience only and shall not be used to construe meaning or intent.

Feedback and Information

WillyEstell welcomes your comments and suggestions about the Site and products and services offered by WillyEstell, but WillyEstell does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to WillyEstell via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Further, WillyEstell will own all Information you submit to it via the Site, and by submitting the Information to WillyEstell, you irrevocably assign to WillyEstell all worldwide rights, title and interest in and to that Information. WillyEstell will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. WillyEstell may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.

Contact Us
If you have any questions about these Terms of Use, please contact us at Support@willyestell.com, please include a detailed description of your question(s), and we will try to resolve it.

Last Updated: Mar 29, 2016