Terms of Service

EFFECTIVE DATE: October 24, 2018

  1. ACCEPTANCE OF TERMS

    1. Strova, Inc., and its affiliate and subsidiaries (collectively “Strova,” “we,” “us,” or “our”) welcomes you to its online community. Colugo® is a registered trademark of Strova, Inc. Strova provides its service (the “Service”) to you (“You” or “you”) via its web site (the “Site”), subject to the following Terms of Service (“Terms”), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: https://www.hicolugo.com/pages/terms-conditions. In addition, when using particular Strova owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms. You further agree that, except as otherwise expressly provided in this Terms, there shall be no third party beneficiaries to this Agreement. This document is an electronic contract that sets forth the legally binding terms that govern your use of the Service and the Site. Your use of the Service and the Site constitute acceptance of these terms.

    2. Strova’s Privacy Policy and Warranty is incorporated by reference into these Terms.

    3. Revisions to terms. You understand and agree that we may revise these Terms at any time without prior notice by posting an updated version. Revised Terms will become effective at the time of posting. You should visit this page periodically to review the most current Terms, as your continued use of the Strova Services after a change to these Terms constitutes your binding acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Strova Services.

  2. DESCRIPTION OF SERVICES

    1. The Site is a communications platform designed to connect Strova with its customers and the general public.

    2. Changes to Strova Services. Strova reserves the right to make improvements and/or changes in the Strova Services at any time, at our sole discretion and with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Strova Services. We may limit the availability of the Strova Services, in whole or in part, to any person, geographic area, or jurisdiction that Strova chooses, from time to time, and in our sole discretion.

  3. ELIGIBILITY AND COPPA COMPLIANCE

    1. Our services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof.

    2. The Service is intended for people 18 or over. Strova will not knowingly collect any personally identifiable information from children under 13. You must identify your age during the registration process. Strova takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously.

    3. NOTWITHSTANDING THE FOREGOING, STROVA DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE WHETHER POSTED ON THE SITE OR INCLUDED IN A PROFILE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD STROVA HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE WHETHER POSTED ON THE SITE OR INCLUDED IN A PROFILE.

  4. RELEASE

    1. By using this Site, you do hereby represent, understand, and expressly agree to hold Strova harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Strova will use its reasonable efforts to monitor user profiles, actions, comments, and general usage of the Site and suspend privileges to any party not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Strova immediately by notifying Strova of the same via electronic correspondence.

  5. STROVA PRIVACY POLICY

    1. Personal and certain other information about You is subject to our Privacy Policy. As a condition of using the Service, You agree to the terms of the Privacy Policy, as it may be changed from time to time. For more information, see our full Privacy Policy at www.hicolugo.com/pages/privacy-policy.

  6. CONTENT

    1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials (“Content”), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Strova, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Strova does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Strova be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

    2. You acknowledge that Strova may or may not pre-screen Content, but that Strova and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Strova and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    3. You acknowledge, consent and agree that Strova may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer experience; or (e) protect the rights, property, or personal safety of Strova , its users and the public.

    4. You grant permission to Strova a license to reproduce, display, perform, distribute, and otherwise use your Content in connection with the Site and for other Strova marketing purposes including but not limited to online photo galleries, social network accounts, email, and other customer communications, and other marketing. Strova may display advertisements in connection with your Content or on pages where you or others may view your Content, and we may use your Content to advertise and promote Strova, or the Site. Our license to your Content is non-exclusive, meaning you may use the Content for your own purposes or let others use your Content for their purposes. Our license to your Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. You agree that You own all rights to your Content or, alternatively, that you have the right to give Strova the rights described above and your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. Strova may refuse to accept or transmit Content for any reason, as well as remove Content from the Site for any reason.

  7. APPROPRIATE CONDUCT

    1. You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:

      1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

      2. post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;

      3. post any mature, adult, or sexually explicit Content;

      4. post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post such Content;

      5. download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;

      6. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;

      7. remove any copyright, trademark or other proprietary rights notices contained in or on the Service;

      8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

      9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;

      10. submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Strova ;

      11. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

      12. transmit any viruses, worms, defects, spam, Trojan horses, or any items of a destructive nature.

    2. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

    3. While Strova prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

  8. REGISTRATION

    1. In order to use certain aspects of the Service, you are required to register and establish an online account with Strova . We refer to registered users as members (“Members”).

    2. You are responsible for maintaining the confidentiality of any password you may use to access the Strova Services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Strova Services, to any third party. You are fully responsible for all interaction with the Strova Services that occurs in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account has occurred, you agree to immediately notify Strova by email to help@hicolugo.com. Strova is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  9. STROVA GROUPS AND INTERACTIONS WITH OTHER USERS OR THIRD PARTIES

    1. Strova may offer an element of the Service that enables Members to create and maintain their own “Strova Group.” A Strova Group consists of Internet based tools and other functionalities that allow participants in the Strova Group to communicate and provide services to one another.

    2. The Strova Services may enable or facilitate communications between you and other users or third parties. As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other users or third parties. We have no control over the truth, accuracy, quality, legality, offensiveness, or safety of content or other postings made by other users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other users or third parties through the Strova Services. You are solely responsible for your involvement with other users and third parties and assume all risk associated with dealing with other users and third parties. You agree to resolve disputes directly with the other party and to not involve Strova in such disputes. We reserve the right, but have no obligation, to monitor disagreements between any users of the Strova Services.

    3. You are Responsible for Your User Content. You are solely responsible for your User Content on the Strova Services. Strova neither endorses nor is responsible for any User Content on the Strova Services. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User Content contains material that is false, misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

  10. SALES AND PAYMENT TERMS

    1. This section of the Terms apply to all orders accepted by Strova for the sale of our Strova Products, except in the case that you and Strova have executed a written agreement that supersedes these Terms. To the extent the Strova Products contain or consist of software in any form (the “Connected Products Software”), such Connected Products Software is licensed to you, not sold, and only in accordance with the section entitled “Connected Products Software” below. Terms such as “sell” and “purchase,” as used in this section of the Terms, apply only to the extent the Strova Products consist of items other than Connected Products Software.

      1. Ordering Products From the Strova Services. You can browse and place orders for our Strova Products through the Strova Services. When you make a purchase, we may require additional Personal Information and payment method information in order to complete your purchases. We may share such information with our third-party payment service provider. You agree to make all applicable payments in connection with any order you place. By placing an order through the Strova Services, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Strova Products purchased by you are for personal or gift use and not for commercial use.

      2. Pricing. Strova can withdraw Strova Products from being offered through the Strova Services at any time and for any reason. Prices listed through the Strova Services are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold Strova harmless from and against any liabilities, interest, penalties, or fees assessed against Strova arising from or related to your failure to pay any such taxes. All Strova Products prices are subject to change at any time.

      3. Acceptance and Fulfillment. All orders are subject to acceptance by Strova. After you place an order, you will receive an email from Strova confirming that we have received your order. Acceptance of your order will occur upon your receipt of another email from Strova containing a shipping confirmation, which may contain a tracking number and carrier information. If an item is on back order, we’ll send you an email to notify you, followed by another email when the items you requested are in stock and have been shipped. Strova reserves the right not to accept your order for any reason or no reason. Strova reserves the right to restrict multiple quantities of a Strova Product being shipped to any one customer or postal address

      4. Resale. Purchases made through the Strova Services are intended for end users only and are not authorized for resale. Shipping and Delivery. Strova, or our third-party service providers, will pack the Strova Products in accordance with our standard practices. You may choose the method of shipment and timing of delivery for Strova Products ordered and will be charged shipping and handling charges accordingly. Title to the Strova Products (except to the extent that the Strova Products consist of Connected Products Software) and risk of loss will pass to you upon Strova’ delivery of the Strova Products to the shipping carrier. You acknowledge that all scheduled shipment dates are estimates only. Strova will make reasonable efforts to meet the scheduled shipment dates, but in no event will Strova be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

      5. Return Policy. If you are not satisfied with any Strova Product purchased through the Strova Services for any reason, you will have one hundred (100) days from the date of purchase to request a full refund of your Strova Product no questions asked. You must provide proof satisfactory to Strova in its sole discretion that you are the purchaser of the returned product. For details on the return process, please see http://www.hicolugo.com/pages/help

      6. LIMITED PRODUCT WARRANTY. Strova warrants to the original purchaser of a Strova Product that such Strova Product shall be free from defects in materials and workmanship under normal use according to the Limited Product Warranty information provided on the applicable Strova webpage for the specific Strova Product.

      7. Compatibility. You acknowledge that you have verified the compatibility of the Strova Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Connected Product or ensuring that the Strova Product, such as a car seat, is compatible with your vehicle model). You are solely responsible for determining the compatibility of the Strova Products with any other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with such Strova Products and does not otherwise constitute a basis for receiving a refund after the one-hundred (100) day refund policy identified above.

      8. Errors and Inaccuracies. Our goal is to provide complete, accurate, up-to-date information through the Strova Services. Unfortunately, it is not possible to ensure that any website or mobile application is completely free of human or technological errors. The Strova Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice.

  11. CONNECTED PRODUCTS SOFTWARE

    1. Connected Product Software. By using the software that is embedded in any Strova Connected Product (“Connected Product Software”), you agree to abide by these Terms. If you do not agree to these Terms in connection with your use of a Connected Product, you may not use the Connected Product Software and you may choose to promptly return the unused, unopened Connected Product for a refund of the purchase price by contacting Strova at the address below. Your purchase of the Connected Product (excluding the Connected Product Software) is governed by the Strova Limited Product Warranty applicable to that specific Connected Product as discussed in the Sales and Payments Terms section above.

    2. Connected Products Software End User License. Subject to these Terms, Strova grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Connected Product Software, in executable object code form only, solely on the specific Connected Product you own or control and solely for use in conjunction with the Connected Product for your personal, non-commercial use for lawful purposes.

    3. Restrictions. You understand and agree that you shall only use the Connected Product Software in a manner that complies with any and all applicable laws and restrictions in the jurisdictions in which you use the Connected Product Software. Consistent with the Rules of Conduct provided above, you may not:

      1. Modify, disassemble, decompile, translate, scrape, or reverse engineer the Connected Product Software, or any portion thereof, except to the extent that such restriction is expressly prohibited by law;

      2. Create derivative works based on the Connected Product Software in whole or in part and in any form;

      3. Use the Connected Product Software for any purpose except as permitted by these Terms;

      4. Sell, lease, rent, assign, license, disclose, perform, broadcast, distribute, or otherwise transfer or make available any Connected Product Software or any copy thereof, in whole or in part and in any form, to any third parties;

      5. Remove or alter any proprietary notices or marks on the Connected Product Software or any portion thereof.

      6. Release the results of any performance or functional evaluation of the Connected Product Software to any third party without prior written approval of Strova for each such release.

    4. Open Source Software. Certain items of software included with the Connected Product Software may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Connected Products Software end user license agreement. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Strova makes such Open Source Software, and Strova’ modifications to that Open Source Software, available by written request to Strova at the email or mailing address listed at the bottom of these Terms.

    5. Connected Products Software Updates. You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Connected Product Software, Connected Product, and related Strova Services. You consent to these updates and agree such updates may be automatically installed without providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to stop using the Connected Product Software. You acknowledge that you may be required to install updates to use the Connected Product Software and related Strova Services, and you agree to promptly install any updates Strova provides if the update does not automatically install. By continuing to use the Connected Product Software after an update, you renew your agreement to these Terms.

    6. Term and Termination of the Connected Products Software End User License. The end user license for Connected Product Software granted by these Terms are effective on the date you first use the Connected Product Software or Connected Product and shall continue for as long as you own the Connected Product, unless the license is otherwise terminated under this section. Strova may terminate your end user license to Connected Product Software at any time if you fail to comply with these Terms.

  12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    1. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  13. INDEMNITY

    1. You agree to indemnify and hold Strova, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

  14. NO RESALE OF SERVICE

    1. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Strova username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of Strova.

  15. GENERAL PRACTICES REGARDING USE AND STORAGE

    1. You acknowledge that Strova may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Strova servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Strova has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Strova reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that Strova reserves the right to modify these general practices and limits from time to time.

  16. MODIFICATIONS TO SERVICE

    1. Strova reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Strova shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  17. DEALINGS WITH ADVERTISERS

    1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services from Providers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Strova shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  18. LINKS

    1. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Strova has no control over such sites and resources, you acknowledge and agree that Strova is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Strova shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links.

  19. STROVA’S PROPRIETARY RIGHTS

    1. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of Strova and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Strova or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    2. Strova grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Strova for use in accessing the Service.

    3. Strova and the Strova logo are trademarks and service marks of Strova and other Strova logos and product and service names are trademarks and service marks of Strova (collectively, the “Strova Marks”). Without Strova’s prior permission, you agree not to display or use in any manner, the Strova Marks.

  20. DISCLAIMER OF WARRANTIES

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

      1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STROVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

      2. STROVA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

      3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STROVA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  21. LIMITATION OF LIABILITY

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT STROVA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STROVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; OR (vi) INFORMATION YOU INCLUDE IN A PROFILE.

  22. EXCLUSIONS AND LIMITATIONS

    1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.

  23. PAYMENTS AND REFUNDS

    1. Member may be obligated to pay for certain products or services offered on the Site. Strova outsources all payments and refunds to a third party payment vendor. For more information you can visit their site located at www.shopify.com. Our agreement with the vendor allows us to access certain information about you, including but not limited to personally identifiable information. By using the Site and the vendors services you hereby consent to such disclosure. Please see our privacy policy for additional information at www.hicolugo.com/pages/privacy-policy.

  24. NOTICE

Strova may provide you with notices by email, regular mail, or postings on the Service.

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    1. Strova respects the intellectual property of others, and we ask our users to do the same. We abide by the Digital Millennium Copyright Act (the “DMCA”) and Strova may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Strova immediately at help@hicolugo.com with the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

      3. a description of where the material that you claim is infringing is located on the site;

      4. your address, telephone number, and email address;

      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  2. GENERAL INFORMATION

    1. Entire Agreement. The Terms constitutes the entire agreement between you and Strova and governs your use of the Service, superseding any prior agreements between you and Strova with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Terms and Privacy Policy), guidelines or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content, or third-party software.

    2. Independent Contractors. Nothing contained in the Terms shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no 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 an independent contractor responsible for its own actions.

    3. Choice of Law and Forum. The Terms and the relationship between you and Strova shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Strova agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware

    4. Waiver and Severability of Terms. The failure of Strova to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

    5. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    6. Violations. Please report any violations of the Terms to Strova at help@hicolugo.com