These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us, Dea Dia LLC Diana R Rotondi Mbr 2880 W Oakland Park Blvdv Oakland Park, FL 33311, and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract Agreement
Contract language is English.
1.3 Conclusion of contract
The contract is concluded as part of direct communication between the contracting parties, e.g., via email. With the acceptance of your offer by Dea Dia, LLC, a contract is concluded between you and Dea Dia, LLC. The acceptance can take place through an explicit confirmation, be it in the context of an individual contact, e.g., with a sales employee or at the latest by sending a request for payment or down payment. Before the conclusion of the contract, Dea Dia, LLC will inform you of the essential characteristics of its service, payment obligations and possible payment methods.
2. Description of services
We provide you with counseling services that are offers online or offline.
2.2 Provision of services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3 Delays in performance
We are not entitled to delays in performance due to force majeure and due to extraordinary and unforeseeable events which we cannot prevent even with the utmost care (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-supply despite the corresponding hedging transaction) represented. You entitle us to postpone the service for the duration of the hindering event.
In the event of unavailability for the reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse any payments already made.
2.5 Time of performance
Unless expressly agreed otherwise, we will begin to provide the service after the conclusion of the contract.
2.6 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
3. Your responsibility
You are solely responsible for the content and correctness of the data, contributions, and information you submit. The content may not violate any applicable laws or these general terms and conditions. You also undertake not to transmit any data whose content violates the rights of third parties (e.g., personal rights, naming rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts may be alleged.
They hold us free from all claims that are asserted against us by third parties due to such violations. This also includes the reimbursement of the costs of necessary legal representation.
3.3 Data backup
You are jointly responsible for securing the information sent. We cannot be held responsible for the loss of the information you send, as we do not provide any general data security guarantee.
3.4 Special notice
A success resulting from the implementation of the contract in the sense of an actual improvement in the quality of life or an economic success is not owed. We are also not liable for the improper use and / or implementation of the recommendations contained in our services or in the documents provided. You must inform yourself in advance whether our suggestions for action are suitable for you or whether these are associated with additional risks. We only provide you with our products or services. The handling and implementation are up to you alone.
4. Copyright and Usage Rights
The content and structure of the products and services offered by us and the related documents and files, including all authorized copies, are our intellectual property.
4.2 Grant of License
Upon payment of the fee, we will transfer to you all the rights to use documents and files required for you to the extent agreed in the contract and required for the respective product or service.
4.3 License Terms
Any further use requires the consent of us. In particular, the materials and files may not be passed on to third parties (sub-licensing or distribution), nor may they be copied, converted, made publicly available, reproduced, or saved on data carriers or other media unless this has been agreed with our partner.
4.4 Author naming
Insofar as we have attached / noted a copyright notice to our documents and files, you may not remove or change this without our consent.
4.5 Reference right
We grant ourselves the right to name you as a reference and to take pictures in the services offered and to list these as reference in brochures, leaflets, and our website. You have the right to object to this.
4.6 Results of consultations
We reserve all rights and claims regarding copyrights, trademarks, and other related property rights as well as all methods, procedures, ideas, and concepts. You receive the limited, otherwise unlimited, irrevocable, and non-transferable right to use these services.
4.7 Compensation for Damages
We reserve the right to assert the damage incurred for any violation of the contractual license conditions, in particular in the event of a violation of copyright.
5. Usability of the Services
5.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely for the purposes of updating and maintenance within a reasonable framework. In addition, we do not guarantee the availability of the services offered at any time and do not guarantee that the services offered, or parts thereof will be made available and can be used from any location.
5.2 Technical requirements
The use of the website or our services requires compatible devices (e.g., working internet access or programs that allow video telephony). It is your responsibility to put or keep the device in a state that enables the use of our services.
6.1 Disclaimer of Liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently such obligations, compliance with which is of particular importance for the achievement of the contractual purpose) are affected, liability is also assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage.
6.2 Reservation of Liability
The above disclaimer does not apply to liability for damage resulting from injury to life, limb, or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer.
6.3 Application and implementation
We are not liable for the improper use and / or implementation of the recommendations contained in our services or in the documents prepared. You must inform yourself in advance whether our suggestions for action are suitable for you. The other liability clauses are not affected by this.
7. Final provisions
7.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract.
7.2 Choice of law
Unless mandatory statutory provisions according to your right of residence, Florida law applies as agreed, excluding the UN sales law.
7.3 EU consumer dispute resolution process
The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations from online contracts (OS platform). You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
7.4 Severability Clause
The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.