Terms of Use

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Layla Maie Corp., its affiliates, and each of their respective successors and assigns (collectively, “Layla Maie”) governing your use of www.laylamaie.com and related websites and social media sites operated by Layla Maie (collectively the “Site”). You hereby agree implicitly and without express written consent that you have read and agree to be bound by the outlined terms and conditions. If you do not agree to abide by these Terms of Use, please refrain from using the Site.

Layla Mai reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Site at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site after any such changes shall constitute your consent to such changes.

Creating An Account

In order to access certain content, material, products or services, or place an order on the Site, you may be asked to create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use and Privacy Policy, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Layla Maie will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

Validating Your Order

After you place an order using our shopping cart, Layla Maie will check the information you give us for validity, by verifying your method of payment or shipping address. Layla Maie reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If Layla Maie rejects your order, Layla Maie will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if Layla Maie rejects an order, but Layla Maie will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Layla Maie reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, to anyone for any reason. A Layla Maie order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, Layla Maie reserves the right to decline an order for any reason, even after an order invoice is issued.

Taxes

You are responsible for any sales, duty or other governmental taxes or fees due with respect to your order. Layla Maie will collect applicable sales tax if Layla Maie determines that it has a duty to collect sales tax. Layla Maie will present any taxes that Layla Maie is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Order Limitations/Limited Quantities

Layla Maie may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Layla Maie also reserves the right to reject any order you place with us. In the event Layla Maie makes a change to an order, Layla Maie will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Shipping Risks

Layla Maie will provide customers with tracking information including expected shipping dates, but Layla Maie will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier.

Return and Refund Policy

You may return any unused Layla Maie products in accordance to our returns policy available here.

Termination of Use

Layla Maie may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Layla Maie reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Collections

In the event Layla Maie must pursue collections of any debt owed to the company resulting from a sales transaction, not limited to fraud, credit card reversals, credit accounts, etc., Layla Maie will be entitled to actual costs associated with the collections, including, but not limited to, actual legal fees and costs, travel fees, airfare, mileage, lodging, and other necessary costs associated with the collections.

Product Updates/Errors on Site

Product information and prices displayed on the Site are subject to change without notice. Errors will be corrected where discovered, and Layla Maie reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Layla Maie will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Layla Maie’s Return Policy.

Pricing Policy

Prices and offers are subject to change.

Postings

Layla Maie may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, profiles, and postings on our Site; however, Layla Maie is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, solicitations or inaccuracy contained in any information transmitted to any such locations on our Site. Layla Maie will cooperate with law enforcement or a court order requesting or directing Layla Maie to disclose the identity of anyone posting any information or material prohibited by this Agreement. Layla Maie may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Layla Maie, its clients, or the public.

Intellectual Property Ownership

All right, title and interest in the Site, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Layla Maie or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site constitutes a valuable trade secret and/or is the confidential information of Layla Maie or its licensors.  Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.  All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Layla Maie or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Layla Maie owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part.  Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Layla Maie and its licensors irreparable injury, which may not be remedied at law, and you agree that Layla Maie and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

Trademarks

The “Layla Maie” name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Layla Maie and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Layla Maie.  In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Layla Maie and may not be copied imitated or used, in whole or in part, without the express prior written permission of Layla Maie.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site.  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.  If you do not have such authority, you must immediately stop using the Site.

Indemnification

You shall defend, indemnify and hold Layla Maie harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Site or (ii) your breach or violations of this Agreement.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED "AS-IS" AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAYLA MAIE, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE " LAYLA MAIE PARTY(IES)") DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER LAYLA MAIE NOR ANY LAYLA MAIE PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF LAYLA MAIE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) LAYLA MAIE AND THE LAYLA MAIE PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER LAYLA MAIE NOR ANY OF THE LAYLA MAIE PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

LAYLA MAIE MAKES NO REPRESENTATION REGARDING ANY PRODUCT OR SERVICE SOLD THROUGH THE SITE.  ALL WARRANTIES FOR ANY PRODUCT PURCHASED THROUGH THE SITE ARE PROVIDED DIRECTLY FROM THE MANUFACTURER AND NOT LAYLA MAIE. THE LAYLA MAIE PARTIES MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES THROUGH THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE LAYLA MAIE PARTIES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Limitation of Liability

NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL LAYLA MAIE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF LAYLA MAIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  LAYLA MAIE SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, THE ANY LAYLA MAIE PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN SUCH LAYLA MAIE PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE TRANSACTION FEES ASSESSED FOR YOUR TRANSACTIONS THROUGH THE SITE, OR (B) ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.  YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR ACCESS TO AND USE OF THE SITE.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Layla Maie on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain Layla Maie’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Layla Maie of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Layla Maie will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Layla Maie is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments. Further, you agree that no Comments or other user submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal rights.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those our Site. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Refer a Friend Terms & Conditions

As a Refer-a-Friend member (a “Referrer”), you are subject to Layla Maie’s Terms of Use and Layla Maie’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Layla Maie’s Refer-a-Friend program. Details below. 

• Referrer: Anyone can refer a Friend, whether you’re a current customer or not.
• Friend (that’s the person being referred): Friends, however, must be new customers and must use the referral code for their first purchase for it to count as a referral.
• Eligibility is limited to individuals only. Layla Maie’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Layla Maie’s sole discretion.
• No Spam: You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Layla Maie’s Refer-a-Friend program.
• Right to Close Accounts: Layla Maie reserves the right to close the account(s) of any Referrer and/or Friend and to request proper payment if the Referrer and/or Friend attempts to use the Layla Maie Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
• Refer-a-Friend Codes:
  • The Referrer (you!) can send a one-time $10 off $85 or more discount code to as many Friends as they like. This code is valid only for first time purchasers, only on our website, laylamaie.com
  • When the Friend(s) make(s) a purchase, a reward email is sent to the initial referrer up to 30 days after the Friend’s purchase with a one-time free sweatshirt code that can be applied by the Referrer towards a purchase of a LM sweatshirt.
• Please note Refer a Friend purchases and redemptions are only valid in places where Layla Maie currently ships, which is the US.
• Please note the cost of shipping is not included with the reward of the free sweatshirt.
• This code cannot be combined with any other offers.
• Multiple codes: Each free sweatshirt code is single-use and can be used for one purchase.
• Right to Cancel Program or Change Terms: Layla Maie reserves the right to end, pause, or disable the program or to change these Terms & Conditions at any time. Free sweatshirts earned before Layla Maie ends/pauses/disables will be valid as usual, but once the program is on hold, there will be no $10 discount for the referred or free sweatshirt reward. 

Dispute Resolution

In the event that you and Layla Maie are unable to resolve a dispute within thirty (30) days of written notice of the dispute, you and Layla Maie agree to resolve such dispute through final and binding arbitration. You and Layla Maie each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org.  The arbitration shall be held in Texas, unless you and Layla Maie otherwise agree in writing. You may not initiate any legal action or proceeding against us or any of our employees, managers, members or agents, in any other forum or location.

You further agree that you may resolve any dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. In addition, unless you and Layla Maie otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding.

Not withstanding the foregoing, either you or Layla Maie may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the arbitration process described above.

General

This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas. 

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

It may be necessary for Layla Maie to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site.  Layla Maie provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free.  Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you. No joint venture, partnership, employment, or agency relationship exists between you and Layla Maie as a result of this agreement or use of the Site. The failure of Layla Maie to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Layla Maie in writing.

Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.

If you have not entered into another agreement with Layla Maie regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and Layla Maie and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Layla Maie have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and Layla Maie, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

By purchasing products from this site, you are agreeing to be bound by the Layla Maie Terms of Use Agreement which, among other things, includes limitations on the claims that you can bring against Layla Maie. If you do not agree to be bound by these terms, you should not purchase products through this site.

Effective Date: January 1, 2021

  

Privacy Policy

This Privacy Policy is provided to inform you of our policies and procedures regarding the collection, use, protection, and disclosure of Personal Information received, provided and collected from your use of www.laylamaie.com, and related websites and social media sites operated by Layla Maie (collectively the “Site”).

Information We May Collect

For the purpose of this Privacy Policy, “personal identifiable information” means any information by which someone can be personally identified. This includes: contact information such as name, email address, mailing address, phone number and other information incidental to providing goods or services (referred to herein as “personal information”). We collect personal identifiable information from you only when you voluntarily provide us with this information, such as when creating an account, placing an order on the Site, contacting us with a question or comment, participating in the “Refer a Friend” program or signing up to receive marketing emails from us.

In addition, as is true of most websites, we may also gather non-personal identifiable information about your computer such as your IP address, browser type, referring/exit pages, and operating system. The Site uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited.

If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options.

How We Use Your Information

1. Send you requested information
2. Respond to customer service requests
3. Send you a newsletter or other marketing communications
4. Respond to your questions and concerns
5. Improve our website and marketing efforts and otherwise assess the needs of our business
6. Conduct research and analysis to help develop better products

How We May Share Your Information

We may share information collected through the Site with our subsidiaries, affiliated companies and business partners for the purpose of providing you with the products and services you seek from the Site. Furthermore, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform business functions on our behalf or to provide services to us. These services include:

• Order fulfillment and delivery
• Customer service and support
• Email service delivery
• Advertising, marketing, surveys, and promotions, including partnerships and collaborations with other companies whose products or services we think you might enjoy
• Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing
• Payment processing services, fraud protection, and credit risk reduction
• Legal, accounting, audit and other professional service providers

In addition, by submitting your personal information on our Site, you are hereby granting permission and making an “inquiry” to us, our affiliated entities, third party marketing partners/vendors to be contacted. You are also consenting to receive telephone calls for a limited period from our affiliates, and partners/vendors, even if the telephone number you submitted appears on any state and/or federal Do Not Call list, because your inquiry serves as an exception to state and/or federal Do Not Call requirements.

We reserve the right to disclose your personal information as required by law such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if our company is involved in a merger, acquisition, or sale of all or a portion of its assets.

How You Manage Your Personal Information

You may use the Site without providing any personal identifiable information. If you have created an account on the Site and decide to delete it, you may do so by emailing supportteam@laylamaie.com

If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive or contact supportteam@laylamaie.com. Layla Maie will continue to send you non-promotional, service emails in regards to your account, such as: order issues, billing and payment information, and other emails relating to your account, orders and/or your use of the Site.

At your request, Layla Maie will confirm what personal identifiable information we collect or store about you. You may correct, update and/or remove such information. You may also request that we stop using or sharing your personal identifiable information. You may contact Layla Maie for any of the foregoing by emailing supportteam@laylamaie.com.

Layla Maie may retain records of your personal identifiable information for a period of time. This is to allow us to follow-up on a request pertaining to your order history, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on backup files for financial, legal, or technical reasons.

How We Protect Your Personal Information

The security of your personally identifiable information is important to us and we are committed to handling such information carefully. We encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAYLA MAIE, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “LAYLA MAIE PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER LAYLA MAIE NOR ANY LAYLA MAIE PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF LAYLA MAIE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) LAYLA MAIE AND THE LAYLA MAIE PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER LAYLA MAIE NOR ANY OF THE LAYLA MAIE PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFORE.

Limitation of Liability

NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL LAYLA MAIE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF LAYLA MAIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. LAYLA MAIE SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Representations and Warranties

By using the Site, you represent and warrant that (a) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (b) you will use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (c) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Layla Maie for any purpose.

Indemnification

You agree to indemnify, defend and hold harmless Layla Maie and the Layla Maie Parties from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.

Intellectual Property Ownership

All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Layla Maie or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Layla Maie or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Layla Maie owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Layla Maie and its licensors irreparable injury, which may not be remedied at law, and you agree that Layla Maie and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

Trademarks

The LAYLA MAIE name and other related names, design marks, product names, feature names and related logos are trademarks of Layla Maie and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Layla Maie. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Layla Maie and may not be copied imitated or used, in whole or in part, without the express prior written permission of Layla Maie.

Account Access

Where use of the Site is contingent on you and your users accessing an "account" and/or inserting a "user-identification" and/or "password,” you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in. You and your users shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

Use by Children

The Site is intended for use by individuals 13 years of age or older. Users under the age of 13 should get the assistance of a parent or guardian.

Payment Methods

You may pay for your orders with PayPal or major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.

General

This Agreement shall be governed by Texas law and controlling United States federal law.   You may not under any circumstances commence or maintain against Layla Maie any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Layla Maie may be commenced only in the federal or state courts located in Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

It may be necessary for Layla Maie to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site. Layla Maie provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free. Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you.

No joint venture, partnership, employment, or agency relationship exists between you and Layla Maie as a result of this agreement or use of the Site. The failure of Layla Maie to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Layla Maie in writing.

Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.

If you have not entered into another agreement with Layla Maie regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and Layla Maie and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Layla Maie have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and Layla Maie, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

Updating this Privacy Policy

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes.

Support and Contact

If you have questions regarding this Privacy Policy, please contact us at supportteam@laylamaie.com

Effective Date: 1/1/21