Terms and Conditions
Last Updated:
October 27, 2021
Dior Vargas LLC (referred to as “Dior Vargas ”) is an advocacy company that offers mental health speaking services, namely keynotes speaking engagements, panels, and corporate trainings (collectively referred to as the “Services”) to clients. By using the Website, you are engaging in the Services and agree to be bound by the following Terms.
The following Terms and Conditions (the “Terms”), describe the specifications on which any user, client, or browser (referred to as “you”, “your”, or a “Client”) of Dior Vargas may access, browse, book services, or use Dior Vargas’ website, https://www.diorvargas.com (the “Website”). Any use of the Website, as well as all information, tools, materials, and services available to you, is conditioned upon your acceptance of all of the policies and notices stated herein.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW DIOR VARGAS’ PRIVACY POLICY BEFORE USING THIS WEBSITE OR SERVICES.
YOU MAY NOT USE OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY ITS CONTENTS BY APPLICABLE LAW.
BY USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE THE WEBSITE.
Any new features or tools which are added to the current Website, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Dior Vargas reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Website following the posting of any changes to these Terms constitutes acceptance of those changes.
1. Registration
In order to book Services on the Website, you will need to provide your first and last name, a valid e-mail address, affiliation, payment information, and fill out your physical profile (together, your “Personal Information”).
If you are booking Dior Vargas for an event (“Event”), you will need to provide the date, location, type of engagement, and any additional details. Upon booking, you will separately receive a Speaker Contract which you will be required to enter into with Dior Vargas.
You represent and warrant that the Personal Information you provide to Dior Vargas upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail is kept up-to-date at all times. Dior Vargas shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
2. General Conditions of Use
By agreeing to these Terms or by using the Website or Services, you represent that you are at least eighteen (18) years of age or older. Minors may use our Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities. In addition, you must be in good standing and cannot be an individual that has been previously barred from receiving Dior Vargas’ Services under the laws of any applicable jurisdiction.
Disclaimer. All educational Materials including, but not limited to, resources, documents, literature, and any other information used as part of the Services or during the Event are intended for informational purposes surrounding mental health. Services are not to be considered or marketed as medical advice, diagnosis, treatment, and should not be considered as a substitute for professional medical expertise, treatment, or diagnosis. Client acknowledges and understands that the Services are for mental health activism and that Dior Vargas is only a mental health activist, is not a doctor nor a therapist, and has no applicable medical qualifications.
You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.
You agree that Dior Vargas may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Website and access to any of the Services at its sole discretion, for any reason, including but not limited to:
Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
By way of request from law enforcement or any other governmental agencies;
The discontinuance, alteration, or material modification to the Services, or any part thereof;
Any engagement by you in any fraudulent or illegal activities; or
The non-payment of any associated Fees that may be owed by you.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and or limitations of your access to the Website or Services shall be made in our sole discretion and that Dior Vargas shall not be liable to you or any other third party with regard to access to the Website, and/or any of the Services.
Right of Refusal. Dior Vargas reserves the right to refuse Services to anyone, for any reason, at any time in our sole discretion. Dior Vargas reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through the Website. In addition, Dior Vargas reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive.
Communications. You consent to receiving communications from Dior Vargas, including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, marketing, subscriptions, advertisements, and any other relevant information.
You agree to provide true, accurate, and current Personal Information if you fill out any forms available or otherwise engage with the Services through the Website. Your engagement with these forums and the Services (including but not limited to, interaction with advertisers, streams viewed, etc.) may be shared with others in accordance with our Privacy Policy and these Terms.
Dior Vargas reserves the right, but has no obligation, to modify, update, or discontinue the Services, or any content available on the Website (or any part thereof), without notice at any time. Dior Vargas shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
Dior Vargas shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk.
3. Fees and Payments
Clients must select the type of engagement they seek through the Website and pay the fee associated with the selected engagement (the “Fee(s)”) to receive the Services.
The Fees will be the price listed on the Website or otherwise in effect at the time the Services are requested in the sign-up process. All Fees are subject to Dior Vargas ’s sole discretion. The Fees may also be set out in any confirmation, e-mail receipt, invoice, or other relevant correspondence. Dior Vargas will receive payment of the selected engagement electronically, via QuickBooks (the “Payment Method”).
Clients may also be subject to additional charges, which may include but are not limited to: currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Client’s Fee total.
Dior Vargas strives to display accurate price information, however there may, on occasion, be inadvertent typographical errors, inaccuracies, or omissions related to pricing. Dior Vargas reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any subscriptions or payments arising from such occurrences.
If you do not pay the amounts owed when they are due, or your Payment Method continuously fails, Dior Vargas may initiate collection procedures. You agree to pay the cost of collection, including, and without limitation to, reasonable attorney’s fees.
4. Refunds and Disputes
Dior Vargas aims to respectfully respond to all questions, comments and concerns regarding Client satisfaction and any related or resulting disputes. If you're unhappy with the Services, please contact Dior Vargas immediately and we will do our best to rectify the situation.
Nothing in these Terms extends a binding obligation on Dior Vargas to offer refunds or prorations. Should Dior Vargas, its sole discretion, decide to refund, prorate, or credit you any amounts paid, that refund, prorate, or credit shall constitute the entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service. If at any time, you have a dispute about any Service offered on the Website, please reach out using the contact information provided below.
5. Intellectual Property
Dior Vargas owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:
The Website, including all content, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials
on the Website including any intellectual property and/or proprietary rights;
The Services, including any designs, materials, and concepts uniquely created by Dior Vargas; and
Dior Vargas’ business model, Client base, methodology, pricing, and any other relevant information.
Dior Vargas reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Dior Vargas’s Intellectual Property, in whole or in part.
For clarity, Dior Vargas has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Website.
Your Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Website and your use or purchase of the Services on any other website, blog, article, or social media website (“Your Content”), you hereby grant Dior Vargas a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
6. Disclaimer of Warranties
YOU AGREE TO USE THE WEBSITE AND THE SERVICES AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: A) WARRANTY OF MERCHANTABILITY; B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
7. Limitation of Liability
IN NO EVENT SHALL DIOR VARGAS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR DIOR VARGAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO YOUR COST PAID FOR A SERVICE.
8. Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. By using this Website, you affirmatively consent that Dior Vargas may use and share your video and image viewing data with third parties until consent is withdrawn. Dior Vargas may track your use for research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. Our Website may offer certain features that are available to you via your wireless device. These features may include the ability to access our Website, upload content, and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Website for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number).
Location-Based Features. When you use one of our location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy.
In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on our Website. If you choose to click on one of these links on our Website, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the web page was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Websites you follow, etc.).
If you don’t want a social network to collect the information described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use our Website. As with other Websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.
9. Non-Disparagement
You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Dior Vargas or the Services associated therewith.
10. Arbitration
If a controversy or claim should arise, the Parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.
11. Class Action Waiver
Any arbitration shall be conducted in each Client’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
12. Notices
Dior Vargas may provide any notice to you under these Terms by: a) sending a message to the e-mail address you provided; or b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.
To provide Dior Vargas notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
13. Miscellaneous
Third Party Content. The Website may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Dior Vargas is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that Dior Vargas endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Website or the Services, you agree to indemnify, defend, and hold harmless Dior Vargas (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: a) any breach or alleged breach of any representation or warranty by Dior Vargas; b) any unauthorized use of your information; or c) any other actual or alleged unauthorized action by Dior Vargas , including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Privacy Policy. Dior Vargas respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Dior Vargas for the purpose of using the Website.
Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Dior Vargas to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Dior Vargas.
Force Majeure. Dior Vargas will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Clients. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Clients. If you are a u residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Dior Vargas (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Dior Vargas a written notice by mail, e-mail, or fax, requesting that Dior Vargas remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Dior Vargas a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Dior Vargas arising out of or related to the use of the Website, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and
Dior Vargas on the matters contained herein. You acknowledge and agree that these Terms are binding
and shall govern the relationship between you and Dior Vargas in connection to the use of the Website
and the Services defined herein.
If you have any questions, please feel free to contact Dior Vargas directly through our Website or by e-mail at dior@diorvargas.com.
Dior Vargas LLC
Address:
90 Vermilyea Ave
PO Box 146
New York, NY 10034
E-mail: dior@diorvargas.com