KIMERA INTL, LILIANA SHOES

TERMS AND CONDITIONS OF USE

EFFECTIVE DATE: DECEMBER 15, 2021

WELCOME TO OUR WEBSITE. THIS SITE IS MAINTAINED AS A SERVICE TO OUR CUSTOMERS. THROUGHOUT THIS WEBSITE AND RELATED SOCIAL MEDIA ACCOUNTS, INCLUDING WITHOUT LIMITATION FACEBOOK®, INSTAGRAM®, AND TIKTOK®, KIMERA INTL DOING BUSINESS AS LILIANA FOOTWEAR (“LILIANA SHOES,” “WE,” “US,” “OUR”) MAKES AVAILABLE A VARIETY OF FASHION-FORWARD SHOES AND ACCESSORIES ON WHOLESALE AND RETAIL BASIS (THE “PRODUCT(S)”) IN EXCHANGE FOR PAYMENT BY YOU. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE.
 

AGREEMENT

THIS TERMS AND CONDITIONS OF USE AGREEMENT (THE “AGREEMENT”) SPECIFIES THE TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE LILIANA SHOES WEBSITE (THE “SITE”) AND DESCRIBE THE TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF THE SITE. THIS AGREEMENT MAY BE MODIFIED AT ANY TIME BY LILIANA SHOES UPON POSTING OF THE MODIFIED AGREEMENT. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. EACH USE BY YOU SHALL CONSTITUTE AND BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT.
 

PRIVACY POLICY

WHEN USING OUR SITE, YOU SHALL BE SUBJECT TO ANY POSTED POLICIES, GUIDELINES OR RULES APPLICABLE TO USE OF THE SITE AND ANY SERVICE PROVIDED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, OUR PRIVACY POLICY. ALL SUCH POLICIES, GUIDELINES AND RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. YOU MAY ALSO VIEW OUR PRIVACY POLICY AT HTTPS://WWW.WHOLESALE-LILIANASHOES.COM/PRIVACY-SECURITY

INTENDED AUDIENCE

THIS SITE IS INTENDED FOR ADULTS ONLY. THIS SITE IS NOT INTENDED FOR ANY CHILDREN UNDER THE AGE OF 13. AS SUCH, YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS SITE. IF YOU ARE 13 YEARS OF AGE OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
 

SITE USE

LILIANA SHOES GRANTS YOU A LIMITED, REVOCABLE, NONEXCLUSIVE LICENSE TO USE THIS SITE SOLELY FOR YOUR OWN PERSONAL USE AND NOT FOR REPUBLICATION, DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS, OR OTHER USE. THIS SITE IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE, UNLESS OTHERWISE SPECIFIED. YOU AGREE NOT TO COPY MATERIALS ON THE SITE, INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS, REVERSE ENGINEER OR BREAK INTO THE SITE, OR USE MATERIALS, PRODUCTS, OR SERVICES IN VIOLATION OF ANY LAW. THE USE OF THIS SITE AS AT THE DISCRETION OF LILIANA SHOES AND LILIANA SHOES MAY TERMINATE YOUR USE OF THIS SITE AT ANY TIME.

YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS REGARDING YOUR USE OF THE SITE. YOU FURTHER AGREE THAT INFORMATION PROVIDED BY YOU IS TRUTHFUL AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE.
 

OWNERSHIP AND INTELLECTUAL PROPERTY

ALL CONTENT INCLUDED ON THIS SITE IS AND SHALL CONTINUE TO BE THE PROPERTY OF LILIANA SHOES OR ITS CONTENT SUPPLIERS AND IS PROTECTED UNDER APPLICABLE COPYRIGHT, PATENT, TRADEMARK, AND OTHER PROPRIETARY RIGHTS. ANY COPYRIGHT, REDISTRIBUTION, USE OR PUBLICATION BY YOU OF ANY SUCH CONTENT OR ANY PART OF THE SITE IS PROHIBITED, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL YOU ACQUIRE ANY OWNERSHIP RIGHTS OR OTHER INTEREST IN ANY CONTENT BY OR THROUGH YOUR USE OF THIS SITE.

YOU ACKNOWLEDGE LILIANA SHOE'S EXCLUSIVE RIGHTS IN THE “LILIANA FOOTWEAR,” AND OTHER TRADEMARKS AND SERVICE MARKS. TRADEMARKS, SERVICE MARKS, LOGOS, AND COPYRIGHTED WORKS APPEARING IN THIS SITE ARE THE PROPERTY OF LILIANA SHOES OR THE PARTY THAT PROVIDED SUCH INTELLECTUAL PROPERTY TO THE SITE. LILIANA SHOES AND ANY PARTY THAT PROVIDES INTELLECTUAL PROPERTY TO THIS SITE RETAIN ALL RIGHTS WITH RESPECT TO ANY OF THEIR RESPECTIVE INTELLECTUAL PROPERTY APPEARING IN THIS SITE, AND NO RIGHTS IN SUCH MATERIALS ARE TRANSFERRED OR ASSIGNED TO YOU.

IF YOU BELIEVE YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, OR YOUR INTELLECTUAL PROPERTY RIGHTS HAVE OTHERWISE BEEN VIOLATED, PLEASE PROVIDE A NOTICE CONTAINING ALL OF THE FOLLOWING INFORMATION TO OUR COPYRIGHT AGENT:

(A)        AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE  OWNER OF THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INTEREST;

(B)       A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED;

(C)        A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON THE SITE;

(D)       YOUR ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS;

(E)        A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND

(F)        A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER'S BEHALF.

OUR COPYRIGHT AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT ON THE SITE CAN BE REACHED AT THE CONTACT DETAILS PROVIDED BELOW WITH ATTENTION TO “COPYRIGHT AGENT” (SEE “CONTACT INFORMATION” BELOW).
 

DISCLAIMER

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. LILIANA SHOES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, WILL LILIANA SHOES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LILIANA SHOES AND OUR PARTNERS, EMPLOYEES, AND AFFILIATES, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE.
 

PROPOSITION 65 WARNING

THE PRODUCTS OFFERED VIA THIS SITE MAY CONTAIN ONE OR MORE CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS, OR OTHER REPRODUCTIVE HARM. A COMPLETE LIST OF PROPOSITION 65 REGULATED CHEMICALS IS AVAILABLE AT WWW.OEHHA.CA.GOV.
 

USE OF INFORMATION

LILIANA SHOES RESERVES THE RIGHT, AND YOU AUTHORIZE USE, TO USE AND ASSIGN ALL INFORMATION REGARDING SITE USES BY YOU AND ALL INFORMATION PROVIDED BY YOU IN ANY MANNER CONSISTENT WITH OUR PRIVACY POLICY. LILIANA SHOES FURTHER RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENT REQUEST.
 

APPLICABLE LAWS

IF THERE IS ANY DISPUTE RELATING TO OR ARISING OUT OF THE SITE OR THIS AGREEMENT, YOU AGREE THAT ANY DISPUTE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF THE CENTRAL DISTRICT OF CALIFORNIA.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIMS OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
 

SEVERABILITY

IF ANY PROVISION OF THIS AGREEMENT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE OR INVALID, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS AGREEMENT WILL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.
 

WAIVER

THE FAILURE OF LILIANA SHOES TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. ANY WAIVER OF THIS AGREEMENT BY LILIANA SHOES MUST BE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LILIANA SHOES.
 

TERMINATION

LILIANA SHOES MAY TERMINATE THIS AGREEMENT AT ANY TIME, WITH OR WITHOUT NOTICE, FOR ANY REASON.
 

RELATIONSHIP OF THE PARTIES

NOTHING CONTAINED IN THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE CONSTRUED TO CONSTITUTE EITHER PARTY AS A PARTNER, JOINT VENTURER, EMPLOYEE OR AGENT OF THE OTHER PARTY, NOR SHALL EITHER PARTY HOLD ITSELF OUT AS SUCH. NEITHER PARTY HAS ANY RIGHT OR AUTHORITY TO INCUR, ASSUME OR CREATE, IN WRITING OR OTHERWISE, ANY WARRANTY, LIABILITY OR OTHER OBLIGATION OF ANY KIND, EXPRESS OR IMPLIED, IN THE NAME OF OR ON BEHALF OF THE OTHER PARTY, IT BEING INTENDED BY BOTH PARTIES THAT EACH SHALL REMAIN INDEPENDENT CONTRACTORS RESPONSIBLE FOR ITS OWN ACTIONS.
 

CONTACT INFORMATION

WE WELCOME YOUR QUESTIONS, COMMENTS, AND CONCERNS ABOUT THESE TERMS OF USE. PLEASE CONTACT US BY POST, EMAIL OR TELEPHONE IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT.

OUR CONTACT DETAILS ARE SHOWN BELOW:
LILIANA SHOES
810 ECHELON CT.

CITY OF INDUSTRY, CA 91744

626 810 7088

​

ENTIRE AGREEMENT

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND LILIANA SHOES AND GOVERNS THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND LILIANA SHOES WITH RESPECT TO THIS SITE. NOTWITHSTANDING THE FOREGOING, YOU MAY ALSO BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, POSTED POLICIES (INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AND RETURN POLICY), GUIDELINES, OR RULES THAT MAY APPLY WHEN YOU USE THE SITE. LILIANA SHOES MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS AGREEMENT AND POSTING IT ON THE SITE. ACCORDINGLY, YOU SHOULD VISIT THE SITE AND REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. YOUR CONTINUED USE OF THIS SITE AFTER ANY CHANGES HAVE BEEN MADE TO THIS AGREEMENT SIGNIFIES AND CONFIRMS YOUR ACCEPTANCE OF ANY SUCH CHANGES OR AMENDMENTS TO THE AGREEMENT.