By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not request or use our Services.

1. OVERVIEW

1.1. These terms of service include all information, tools, events, products, including the online consultation, Marie Kondo method, order/cleaning/habits consultation, home decor, art acquisition/consultation or other services (“Services”) provided by Marilara Design LLC (“Marilara Design”, “we”, “us”) (the “Terms of Service”). If you do not agree to all the Terms of Service, then you may not use any Services. Your breach or violation of any of the Terms of Service may result in immediate termination of your access to the Services.

1.2. The Services offered by Marilara Design are intended for adults. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you are the parent or guardian of a minor that you have authorized to require our Services, you certify that you have given your consent to allow said minor dependents to use them.

2. CHANGES TO THE TERMS OF SERVICE

Any new services, features, or tools which are added to the current Services offered shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service. You can review the most current version of the Terms of Service at any time on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

3. OUR CONTENT/INTELLECTUAL PROPERTY

3.1. All content, features, and functionality provided by us are owned or licensed by Marilara Design and protected by copyright, trademark, and other proprietary and intellectual property rights. You may use the Services for your own personal, non-commercial use only. You agree not to reproduce, duplicate, copy, store, display, perform, distribute, create derivative works from, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or to any contact on the website through which the Services are provided, without express written permission by us. You may not use any of our trademarks, service marks, trade dress, trade names or the like without our express authorization.

3.2. The material in our Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We disclaim any obligation to ensure that all information provided is accurate, complete, or current at any given time; any reliance on this information by you is entirely at your own risk and we will not be liable for any such reliance.

4. THIRD-PARTY LINKS, MATERIALS, AND SERVICES

4.1. Certain content, information, products, and services available may include materials from third parties. For example, we may provide you with access to optional third-party tools over which we have no control or input. You acknowledge and agree that we provide access to any such tools as a convenience only, and that such tools are provided by us on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement.

Any use by you of optional third-party tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

4.2. Some third-party links provided by us may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of products or information provided on such sites, and we do not warrant and will have no liability for any third-party websites, nor for any materials, products, or services of third-parties provided thereby. We are not liable for any harm or damages related to your purchase or use of goods,

services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction there. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

5. USER CONTENT

5.1. During the Services we may receive from you or take ourselves, certain photos, videos or other media related to our work and our Services provided to you, the “User Content”. By posting, uploading or otherwise submitting for publication any User Content or other content, you grant Marilara Design and our affiliates a non-exclusive, worldwide, perpetual, royalty-free, transferrable license, with the right of sub-license, to use, reproduce, publish, distribute, display, transmit, and create derivative works from such User Content other content, for any purpose, in any medium, without compensation, attribution, or other obligation to you. You agree not to submit any User Content or other content unless you have the right and agree to grant us such license for its use.

5.2. If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we shall own all rights, title and license to any Feedback, and therefore may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

6. PROHIBITED USES OF THE SERVICES

In addition to any other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, any other websites or the Internet or do harm to the devices of any users of our wbesite; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or otherwise repurpose any Services content; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services or any related website for engaging in any of the prohibited uses.

7. PERSONAL INFORMATION

In order to access certain parts of the Services, you may be asked to provide certain personal information. It is a condition of use of these parts of the Services that all information you provide be accurate, current, and complete. Your submission of personal information is governed by our Privacy Policy.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

8.1. The Services solicited and provided by Marilara Design may from time to time require specific instructions from the client soliciting the Service, “Client Instructions”. You understand that Marilara Design will comply to the best of its abilities with Client Instructions without warranties or representations of any kind.

8.2. The Services and all products delivered to you are (except as expressly stated otherwise by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, and Marilara Design disclaims any and all implied warranties including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, completely secure, or error-free. You acknowledge that from time to time the Services may be unavailable for indefinite periods of time for maintenance or other purposes, without prior notice to you.

8.3. In no case shall Marilara Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility, and in no event will the aggregate liability of Marilara Design arising from, relating to, or in connection with your use of the Services or any products exceed the greater of the amount paid to us for such products or Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages as a category or for limitation of liability for consequential or indirect damages resulting from gross negligence or willful misconduct, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marilara Design and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made against us by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

10. TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. We may terminate these Terms of Service, and thus terminate your access to the Services, at any time without prior notice if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes, including any payment amounts owing by you at the time of termination.

11. ENTIRE AGREEMENT

These Terms of Service, including any Addenda and any policies or operating rules posted by us in regard to the Services, constitutes the entire agreement and understanding between you and us governing your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

12. BINDING ARBITRATION

12.1. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Marilara Design, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

12.2. All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by binding arbitration to be conducted before the Centro Empresarial de Conciliación y Arbitraje (CEDCA) according to its Arbitration and Conciliation Rules, by one (1) arbitrator proficient in both English and Spanish languages who will decide according to law, with the arbitration seat located in Miami, Florida.

12.3. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

12.4. Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

12.5. You have the right to opt out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt out to Marilara Design. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Marilara Design also will not be bound by them. If Marilara Design changes this ‘Binding Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Marilara Design' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Marilara Design in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

12.6. You understand and agree that the above dispute procedures shall be your sole remedy in the event of dispute between you and Marilara Design regarding any aspect of the Service (including the enrolment process).

13. GOVERNING LAW, WAIVER, CONSTRUCTION, SEVERABILITY

13.1. These Terms of Service will be governed by the laws of the State of Florida of the United States of America without regard to its conflict of law provisions

13.2. Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver by us of such right or provision.

13.3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

13.4. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. ASSIGNMENT

14.1. You may not assign this Terms of Service without the prior written consent of Marilara Design, but Marilara Design may assign or transfer this Terms of Service, in whole or in part, without restriction.

15. NOTICES

15.1. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

15.2. Notices shall be made to the following email and address: marilara@marilaradesign.com