VICTORIOUS BY DESIGN (VBD), LLC

TERMS OF USE

 

This is the website of Victorious By Design (VBD), LLC, a Florida company.  This website in its entirety is copyrighted by Victorious By Design, LLC and all rights and privileges are exclusively reserved.

This Terms of Use discloses the practices for VBD, LLC’s website located at URL www.victoriousbydesign.com.    VBD, LLC, the provider of the website is referred to as “our”, “us” or “we”.  By accessing or using our website, you referred to as “visitor”, “customer”, “client” or “end user”) acknowledge that you have read, understand and agree to be bound to all the terms and conditions that VBD, LLC has set out in this Terms of Use. 

Compliance with the Terms of Use is required for continuation of service to the customer.  If you do not wish to agree to these terms and conditions of the Terms of Use, please refrain from using this website. 

1. General 

The website provides an interactive online services, products, information and transaction capabilities operated by VBD, LLC on the World Wide Web.  

The right to use our website is personal to end users and it is not transferable to any other person or entity.  End users are responsible for protecting the confidentiality of their passwords.  

End users recognize and acknowledge that although the Internet is often a secure environment, there may be interruptions in service or events that are beyond the control of VBD, LLC.  Note that VBD, LLC is not responsible for any data lost while transmitting information on the Internet. 

While it is VBD, LLC’s objective to make our website accessible 24 hours per day, 7 days per week, the end user understand that our website may be unavailable from time to time for any reason including but not limited to routine maintenance.  End Users understand and acknowledge that due to circumstances both within and outside of the control of VBD, LLC access to our website may be interrupted, suspended or terminated from time to time. 

2. Changes in Terms of Use  

VBD, LLC reserves the right at any time to change or discontinue any aspect or feature of our website, including, but not limited to, content, products, services, schedules, hours of availability and equipment needed for access or use our website.  Further, VBD, LLC may stop disseminating any portion or category of information, change or eliminate any transmission method or speeds or other signal characteristics.  We will post changes on our website.  Any change is effective immediately upon posting on our home page.  

3. Use of Our Website and Materials

VBD, LLC authorizes you to view certain materials (products, services or information) on our website.  Some materials cannot be viewed unless you are a customer.  There are materials which can be downloaded and this will be indicated on our website.  Otherwise, materials can be downloaded from our website ONLY for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices.  In such cases, you may not modify, distribute, transmit, display, publish or reproduce the material for any public or commercial purpose.  Any materials that are made available to download from our website are the copyrighted work of VBD, LLC and/or its affiliates.  

4. End User Conduct, Submissions, Chat rooms and Other End User Forums

VBD, LLC encourage end users’ interaction on our website but we require all end users to confine activities in connection with the use of our website for lawful purposes only.  

Any material, information or other communication you transmit or post to our website will be considered non-confidential and non-proprietary.  You acknowledge that all reviews, discussions, comments and/or other messages or communication facilities (collectively “communities”) are public and not private communications.  Consequently, others may read your communications without your knowledge.  

VBD, LLC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.  Personally identifiable information that you submit to VBD, LLC for the purpose of receiving products or services will be handled in accordance with the VBD, LLC’s Privacy Policy. 

VBD, LLC may but is not obligated to monitor or review areas on the website where end users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications.  VBD, LLC does not control or endorse the contents, messages or information found in any community, and, therefore, VBD, LLC specifically disclaims any liability concerning the communities and any actions resulting from end users’ participation in any community, including any objectionable content or matters pertaining to laws of copyright, libel, privacy, obscenity, or otherwise.  VBD, LLC retains the right to remove messages that include any material that we consider to be unlawful, threatening, abusive, obscene, defamatory, pornographic, libelous or otherwise unacceptable.

End users shall not use our website to solicit other end of users or to advertise or perform any commercial, religious, political or non-commercial solicitation.

5. Equipment 

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for accessing and using our website and all charges related thereto. VBD, LLC shall not be liable for any damages to end users equipment resulting from the use of this website. 

6. Electronic Communications

When a customer elects to send VBD, LLC an email, the customer is communicating with VBD, LLC electronically and the customer involuntarily agrees to receive our communications electronically.  VBD, LLC will communicate with customers by emails or by posting notices on our home page.  Consequently, customers agree that all agreements, notices, disclosures and relevant communications satisfy and fulfill all legal requirements and are equivalent to any legal statement in writing. 

7.  Disclaimer of Warranty 

The products, services and information on our website are provided “as is” and “as available” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.  VBD, LLC’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. 

VBD, LLC further does not warrant the accuracy and completeness of the products, services or information at this website. VBD, LLC may make changes to the prices, schedules, products, services and information on our website, at any time without notice.  The products, services and information on our website may be out of date, and VBD, LLC makes no commitment to update them.  Our website may refer to products, services, programs or information that are not available in countries out the United States of America. 

VBD, LLC administers this website from Tallahassee, Florida. VBD, LLC makes no representation that products, materials or services at this website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.   If you choose to access this website from outside the United States, you do so, on your own initiative and are responsible for compliance with applicable local laws.

8.  Limitation of liability

End users agree that in no event will VBD, LLC, its suppliers, or other third parties mentioned on our website be liable for any damages whatsoever (including, without limitation, those resulting from loss of profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of our website, any websites linked to our website, or the products, services or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not VBD, LLC has been advised of the possibility of such damages.  

9. Copyright and Trademarks

This website in its entirety is copyrighted by Victorious By Design, LLC and all rights and privileges are exclusively reserved.  Unless otherwise indicated, all other trademarks appearing on our website are the property of their respective owners.  Any violation may subject end user to civil and/or criminal penalties. 

10. Children’s Online Privacy

We operate our website in compliance with the Children’s Online Privacy Protection Act, and will not knowingly collect or use personal information from anyone under 13 years of age. 

11. Payment Processing Disclosure

If you purchase VBD, LLC products or services, you will be requested to provide us with certain Personally Identifiable Information including your credit card information.  All prices and figures are listed in US Dollars.  We accept Visa, MasterCard, Discover, and American Express through PAYPAL. All online transactions are handled through Paypal’s secure server software. When you submit a credit card payment request to VBD, LLC you are giving us permission to submit the information necessary to complete the transaction to your credit card company. Beyond the information required for the transaction, we will collect no personal information about you when you visit our website unless you choose to provide that information to us.

The use of the stolen credit cards is prohibited and is considered to be a serious crime. We will report all the fraudulent orders to the State and Federal Agencies.

12. Shipping Policy

Most orders are shipped within 3 business days.   All orders are shipped via United States postal services (USPS).  Processing time of your order can vary from 3-14 days depending on product availability, or in some cases up to 4 – 6 weeks.   Orders shipped by priority mail service average 3-7 business days from date of order to reach its destination. Additional charges may apply depending on weight. We will notify you of any additional charges before shipping. When calculating actual ship date, please do not count Saturdays, Sundays or Federal Holidays.  Please include a complete street address for all orders. 

13. Return Policy 

All product orders are nonrefundable.  Damaged or defective products may be exchanged for a replacement.  

14. Termination of User Account. 

VBD, LLC reserves the right to deactivate or remove any user accounts provided at www.victoriousbydesign.com  without a notice, if an end user has infringed on VBD or third-party copyrights, provided wrong information or violated common internet policies.  Without limiting the foregoing, VBD, LLC shall have the right to immediately terminate or suspend any passwords or accounts of end User in the event of any conduct by End User or which VBD, LLC in its sole discretion, considers to be unacceptable, or in the event of any breach by end user of our Terms of Use policy. 

 15. Contacting Us 

If you have comments or questions about our Terms of Use policy or our website, please contact us as indicated below.  

Our mailing address is:
Victorious By Design
P.O. Box 6141
Tallahassee, FL 32314 

Telephone: (850) 766-1395

Inquiries: info@victoriousbydesign.com

YOU ARE VICTORIOUS BY DESIGN