Terms and Conditions
This website is operated by Its By Prado. Throughout the site, the terms “we”, “us” and “our” refer to Its By Prado. Its By Prado offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any paintings/images featuring Prado's rendition of any well known public figure is done solely as an artist's rendition of such individual and in no way assumes that the figure depicted within the painting endorses or is associated with Prado in any way unless otherwise said by either Prado or the individual depicted within the painting.
The entire content within this site (excluding content pertaining to the above clause), including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of It’s By Prado. The collective work includes works that are licensed to It’s By Prado. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with It’s By Prado or purchasing It’s By Prado's products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with It’s By Prado or to purchase It’s By Prado products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by It’s By Prado. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of It’s By Prado used in the site are trademarks or registered trademarks of It’s By Prado
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, It’s By Prado disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. It’s By Prado does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. It’s By Prado does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
It’s By Prado shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if It’s By Prado has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a It’s By Prado product is mistakenly listed at an incorrect price, It’s By Prado reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. It’s By Prado reserves the right to refuse or cancel any such orders 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, It’s By Prado shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by It’s By Prado without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
It’s By Prado may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to It’s By Prado.
Dispute Resolution By Binding Arbitration And Class Action Waiver; Choice Of Law
We encourage you to contact our Customer Service department if you have concerns or complaints about It’s By Prado. Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally, disputes between us shall be resolved pursuant to this paragraph.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
In the event that you are able to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to costs of litigation, It’s By Prado will pay as much of your arbitration filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. It’s By Prado also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, It’s By Prado will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
YOU AND IT’S BY PRADO AGREE THAT ANY CLAIMS BROUGHT BY YOU OR IT’S BY PRADO WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and It’s By Prado agree to seek only such individual relief—whether in the form of individual damages, an individualized injunction, or other non-monetary individual relief—as is necessary to resolve any individual injury that either you or It’s By Prado have suffered or may suffer.
The requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, with the exception of the next sentence. In the event the Class Action Waiver is found to be unenforceable, or in the event the agreement to arbitrate is found to not apply to a dispute, that such action between you and It’s By Prado shall proceed in the federal or state courts located in Miami, Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of It’s By Prado's products) must be commenced within one (1) year after the claim or cause of action arises. It’s By Prado's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. It’s By Prado may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a It’s By Prado or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless It’s By Prado, its officers, directors, employees, agents, It’s By Prado and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, It’s By Prado may link to sites operated by third parties. However, even if the third party is affiliated with It’s By Prado, HillarybyPrado.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of It’s By Prado. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, It’s By Prado seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).