Terms and Conditions

Effective Date: 07/29/2025

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account
    Means a unique account created for You to access our Service or parts of our Service.
  • Country
    Refers to: AZ, US
  • Company
    Referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement, refers to Bert Martinez Communications, LLC.
  • Device
    Means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback
    Means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods
    Refer to the items offered for sale on the Service.
  • Orders
    Mean a request by You to purchase Goods from Us.
  • Promotions
    Refer to contests, discounts, sweepstakes or other promotions offered through the Service.
  • Service
    Refers to the Website.
  • Terms and Conditions
    Also referred to as “Terms” — these are the Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service
    Means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
  • Website
    Refers to Bert Martinez Communications, accessible from https://www.BertMartinez.com
  • You
    Means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of the Terms, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order, You may be asked to provide certain relevant information such as your name, email, phone number, credit card details, billing address, and shipping information.
You represent that (i) you are authorized to use such payment method(s) and (ii) all information is accurate and complete.

By submitting this information, You authorize us to share it with third-party payment processors to complete your transaction.

Order Cancellation

We may cancel or refuse an Order at any time for reasons such as:

  • Goods availability

  • Errors in pricing or description

  • Suspected fraud or unauthorized transaction

Cancellation Rights

You may cancel orders only in accordance with these Terms and our Returns Policy. Returned Goods must be in original condition with all packaging and materials.
Refunds are issued within 14 days of receipt, using the original payment method.

No cancellation rights apply to:

  • Custom or personalized Goods

  • Perishable or expired Goods

  • Hygiene-sensitive items once unsealed

  • Inseparably mixed Goods

  • Digital content after download with consent

Availability, Errors and Inaccuracies

Our Service may contain errors or inaccuracies related to availability, price, description, etc. We reserve the right to update information or cancel Orders as needed without notice.

Prices Policy

We may revise pricing at any time before accepting an Order. If external factors (e.g., duties, currency changes, shipping costs) affect our costs, we may revise prices post-acceptance, in which case you may cancel the Order.

Payments

All purchases require one-time payment via approved methods (Visa, MasterCard, American Express, PayPal, etc.).
Payment methods are subject to authorization. If not authorized, we are not liable for delay or non-delivery.

Promotions

Any Promotions are subject to separate rules which may override these Terms. Review them before participating.

User Accounts

You must provide accurate, complete, and current information when creating an account. You are responsible for keeping your password secure and notifying us of unauthorized access.

You may not use a username that infringes on another’s rights, is offensive, or is otherwise inappropriate.

Intellectual Property

Except for user-provided content, the Service and all original content are the exclusive property of the Company and its licensors, protected by copyright, trademark, and related laws.

You may not use our marks without written permission.

Your Feedback to Us

By submitting Feedback, you assign to us all rights and grant us an irrevocable license to use and modify it for any purpose without compensation.

Links to Other Websites

We are not responsible for third-party sites or services linked on our platform. Use them at your own risk. We recommend reviewing their terms and privacy policies.

Termination

We may terminate your Account immediately if you breach these Terms. Upon termination, your right to use the Service ceases.

Limitation of Liability

Our total liability to You shall not exceed the amount paid by You through the Service or $10 if no purchase was made.

We are not liable for indirect, incidental, or consequential damages, even if advised of the possibility. Some states do not allow such limitations — in such cases, liability is limited to the greatest extent permitted.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee uninterrupted, error-free, or virus-free use.
We disclaim all implied warranties to the fullest extent permitted by law.

Governing Law

These Terms are governed by the laws of the State of Arizona, Maricopa County. Your use may also be subject to other local or international laws.

Disputes Resolution

You agree to try resolving any dispute with us informally, then through arbitration before pursuing formal court action.

For European Union (EU) Users

EU consumers benefit from any mandatory provisions of their resident country’s laws or through arbitration.

United States Legal Compliance

You represent that You are not located in an embargoed country or on any U.S. government prohibited party list.

Severability and Waiver

If a provision is unenforceable, it will be modified to reflect the original intent as closely as possible, and the rest of the Terms will remain in effect.
Failure to enforce a right does not waive that right.

Translation Interpretation

If these Terms were translated into another language, the English version prevails in case of disputes.

Changes to These Terms and Conditions

We reserve the right to modify these Terms. Material changes will be announced at least 30 days in advance. Your continued use of the Service means you accept the updated Terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
Email: support@BertMartinez.com