Terms and Conditions
TERMS and CONDITIONS
TheresaGiovanna.com’s standard Terms and Conditions written here on TheresaGiovanna.com apply to your use of (a) TheresaGiovanna.com, information published to this site, and sites affiliated, owned, managed, and promoted by this site, its Parent Company: Bella Caveat LLC, and sites owned by Bella Caveat LLC, and its owner(s); (b) information solicited and requested by you about this sites, it’s affiliated entities, owner, and operations.
These Terms and Conditions apply to and affect your use of this Website. By using this Website, you agree to accept all Terms and Conditions as described here, and in all other policies listed on this site. You must leave this site, TheresaGiovanna.com, if you disagree with any of these terms and conditions or lack the legal capacity to be bound by the terms of this binding legal agreement.
These duties, rules, Terms and Conditions, liabilities and responsibilities are non-delegable and non-transferable.
Minors and Individuals without capacity to enter into legally binding contracts
Minors, people below 18 years old, and individuals requiring a guardian to enter into a legal business relationship, or who are temporarily impaired so that they cannot be legally bound, are not permitted to enter payment information into our site, or to interact with our site, its owners, our clients, customers, or to publish material to our site.
Further, any individual who would attempt to claim that they are acting as an agent of a third party or entity, is hereby prohibited from interacting with our site and businesses. No such privilege exists here. Your duty and liability is binding, non-transferable and non-delegable.
Individuals, Entities, and Categories of Persons Permanently Barred
Those who have committed the following:
§ domestic violence;
§ trafficking of humans;
§ violations of civil rights;
§ violations of human rights;
§ violations of women’s rights;
§ sexual and violent criminal conduct against women to include harassment and stalking;
§ racist conduct against African Americans (including, if such an allegation was made);
§ felony criminal conduct with or without a conviction;
§ misconduct, abuse, or neglect against children;
§ depraved indifference or disregard for human life;
§ theft or misappropriation of personal or business information of others;
§ violations concerning identity theft, fraud, impersonating another person;
§ obstruction of justice in any case related to conduct that is criminal, immoral, or touches or concerns violations of civil rights, human rights, or women’s rights (omissions and commissions);
§ unlawful or immoral interference into a legal matter adversely impacting African Americans or women; and
§ those who aid, abet, incite, or encourage unlawful conduct, and
§ those who by malfeasance, misfeasance, or nonfeasance enable(d), furthered, or benefitted such acts.
Those not directly engaged in the misconduct but who fail(ed) to:
§ disclose evidence, information, and other necessary information for an investigation into such a matter;
§ testify against a wrongdoer concerning any of the above referenced matters;
§ stand against malfeasance, nonfeasance, or misfeasance at work, school, or other social, professional, or non-domestic setting, where a woman or African American person was victimized in any manner consistent with the acts or descriptions above or herein this document (e.g. you were in the room or close enough to act or report such acts, but failed to do so; you did not participate but remained nearby where such acts occurred; maybe you filmed the encounter but did not turn over the recording until required to do so by law enforcement; you falsified information about an incident and evidence, or testimony can show you knew such statement or depiction to be fraudulent, misleading, or omitting relevant information).
The above acts and descriptions include commissions and omissions, malfeasance, nonfeasance, and misfeasance, and conduct committed or omitted – with or without a conviction.
Individuals and Entities – Specified or Identified by Name, Description – Barred
§ New York Law School, its agents, allies, employees, staff and assigns (unless explicitly exempted in a paragraph here labeled exemptions);
§ Deborah Archer;
§ Venable LLP,
§ Michael Volpe,
§ Emily Tortora;
§ Monica Barrett (former NYLS Attorney in the matter Bailey v. New York Law School et al);
§ Magistrate Judge James L. Cott;
§ Jason Singer,
§ Stephen Nesbit,
§ Dorothy McCullough (this individual is a white female),
§ Anthony Crowell, Dean of New York Law School,
§ Barbara Graves-Poller,
§ Howard Meyers
§ Erika Wood
§ Jeffery Becherer
§ David Schoenbrod
§ Oral Hope
§ Victoria Eastus
§ Ella Mae Estrada
§ All individuals named and described in Bailey v. New York Law School 16-cv-04283, as acting in support and defense of Stephen Nesbit and New York Law School; staff and students who neglected to act; members of the NYLS community who failed to condemn the conduct wrongful and harmful to women and African Americans committed by the above
§ All individuals and entities who hire and support individuals who have committed wrongful acts which have been listed here
§ Any person who votes for, nominates, or appoints any of the above to any position of trust, leadership, or authority (law abiding citizens must be protected from such individuals);
§ A person who has committed campus assault or aided, abetted, encouraged, supported, or insulated a person who has committed an assault on a college or academic campus;
§ Those whose purpose of engaging with us or our site is: frivolous, spam, harassing, fraudulent, misleading, threatening or menacing, or to commit a crime; inconsistent with the values which have been clearly communicated within our site and by our officers (e.g. a person who defends a rapists, racists, and those who commit criminal acts – omissions and commissions – against women, African Americans is engaged in conduct inconsistent with our values, and is barred).
All of the above are expressly prohibited, banned, and barred from this site, and must leave.
The language, terms and conditions here are conclusive and inclusive.
The following persons are exempted from the above permanently barred, exclusionary paragraph [all other provisions and rules remain in effect]
*The naming or describing of specific individuals here does not imply their endorsement of the site, its owner, or any value or statement made. It does, however, imply that the Site’s Owner has exempted these individuals from categories of persons named and described above, and does not wish the innocent to receive blame or loss of reputation for misconduct for which the site’s owner has never witnessed any of person’s named below to have committed.
§ Mr. Paul Metcalf, the white male NYLS student who intervened at NYLS, on the evening of October 6, 2014, to rescue Theresa Bailey from Stephen Nesbit
§ Ms. Suzanne Bettis
§ Ms. Adarna de Freitas
§ Ms. Aicha Ziba
§ A person [otherwise barred by this paragraph] who intervenes to successfully bring New York Law School and all other defendants named and described in the Bailey v. New York Law School 16-CV-04283 to be held fully responsible for every unlawful, immoral, and discriminatory act committed relating to this matter and the conduct described here. Such a person will be hereby released *from barred status as of the date that the bad acting named parties have paid their debt owed and demonstrated compliance with all legally binding agreed to provisions of any agreement reached between the injured and bad acting parties named here. Such a person will be included in a separate paragraph labeled REDEEMED [not innocent or blameless, but redeemed; we believe that a bad acting, unlawful, and otherwise immoral individual can be redeemed, however, such a person shall never carry the prestigious honor and title of being innocent or blameless. Further, such a REDEEMED person should still willingly submit to examinations concerning past wrong conduct to ensure the safety, wellbeing, and adherence to good conduct which is necessary for society to function well.]
At this occurrence, such person’s name can be removed from the list of barred persons by contacting us in writing: please allow 10-14 business days for the entity and site owners to sweep the record to remove the person’s name from the list. *Compliance with all other agreements is required, even if removed from the barred list.
Activities Strictly Prohibited and Barred
§ Impersonating another person; acting or portraying someone other than the true identity of the person so doing
§ Misappropriating data and information
§ Acting in any manner inconsistent with the values, conduct, and character which we have disclosed and made known to you
§ Unsolicited offers and communications, spam, threatening, harassing, harmful or offensive content
Business and Legal Communications
All communications concerning a business or legal matter that seeks advice, counsel, opinion, or consultation, must be submitted in accord with the following:
Submit in writing to:
Please be advised: we cannot entertain phone calls regarding business and legal matters. The writing exists to preserve rights and protect all parties concerned.
Communications pertaining to or directed to Theresa Giovanna as an individual:
firstname.lastname@example.org and pay a non-refundable, non-returnable 'reading fee' of $50.00 USD to: PayPal.me/TheresaGiovanna
Your submission certifies and you agree that
1. you have read, and agree to our guidance concerning communications
2. you are not in violation of any of our terms
3. your submission is not frivolous, spam, harassing, fraudulent, threatening or menacing
4. you understand and agree to our terms and conditions
5. you are the individual or entity that you claim to be, and are not acting as an agent, third-party, or any undisclosed actor undeclared to us [prior disclosure in writing is required]
6. You understand and agree that disputes will be resolved by arbitration, under the laws and jurisdiction of New York, NY
7. your submission does not contain malware, viruses, or other harmful bugs
8. you understand and agree that the fee is non-negotiable, non-refundable, non-returnable
If concerning a financial matter, you certify that:
9. you understand that any financial terms and agreement is contingent upon your certification and assurance that any financial terms agreed to must at minimum be equal to the rate, compensation, and other favorable terms extended to both males and all non-black humans that you have previously transacted business with
Consent to Contact
Individuals that submit information to site forms or who contact us consent to receiving a reply from site operators.
Our Commitment to Pay Equity
We believe in pay equity and fairness in all business dealings. We will not accept contracts or relationships that grant higher pay or more favorable terms to males or non-Black individuals. There are no exceptions to this term. Expect us to sue promptly for violating our Terms should it be later discovered that financial terms offered to us were less than terms offered to a male or non-black person by you.
Vendors, businesses, and individuals that engage in this type of discrimination are described in the above section of parties barred from interacting with our site. [Please see above.] Therefore, all agreements reached must be in accord with our commitment to pay equity.
Further, you must agree that the remedy for such a breach and violation is to make whole, i.e. pay the difference plus any incidental damages, to the party who has been wronged within 14 days, by the same method in which payment was initially made. Failure to correct an error of this type within 14 days will result in litigation based on the violation of this agreement.
Consulting services are different from a request or proposal submitted by you. Consulting services have the following standard terms:
Consulting services begin at $150 USD per hour, minimum 1 hour, terms must be clearly and accurately communicated in your written proposal submitted to email@example.com, and your written request must be accepted by us before a relationship can begin.
*refunds are not allowed for consulting services, reading fees, or gifts. [See also fees, pricelists, and FAQs regarding refunds.]
Not Permitted and Explicitly Barred
The following are not permitted to be used on this site or when communicating with us, clients, customers, readers, and our audience:
Racial slurs, to include: nigger, nigga…; derogatory terms for women, to include: bitch, slut, cunt, thot…; further: threats, intimidation, or any imagery, inclusive of digital, projections, and physical representation of any and all types of imagery, intended or known to cause apprehension, offense, disgust or fear for safety, such as a noose, crosshairs, pornography, racist imagery, or a weapon shown to or directed at someone. Such depictions are explicitly and expressly banned. This standard is subjective: a confederate flag or a picture of Donald Trump can be reasonable known to be a threat to an African American or another person injured by policies allowed under that individual or symbol.
You are hereby notified that this site and its owner do not support Donald J. Trump or the display and use of the confederate flag. Using it is an offense to our community in which we serve and operate.
Spam and unsolicited communications are explicitly not permitted and barred
All communications must adhere to the proper form requested, must be by an identified, disclosed person or entity, and the communications must be for the purpose stated and no other or additional undisclosed purpose.
We prohibit the collection of data by external entities and individuals for any person, including for reporting, analyzing, and identifying. We conduct all of our analysis inhouse.
Penalty and Fees [Violations]
You agree that each separate violation of the above is valued at $15,000.00 USD minimum, plus damages, disgorgement of profits earned or reasonably expected by your violation, plus any incidental costs associated with bringing the wrongdoer to justice, should legal action be necessary.
Violence and Abuse is Expressly and Explicitly Barred
Violence and abuse in any form is expressly and explicitly barred. You may not direct any such conduct – express or implied, physical or verbal – to any member of our community directly, indirectly, or figuratively.
Individual Due Diligence: A Non-Delegable Duty
You are directed to review both the criminal and civil laws of the United States of America to avoid committing acts which are classified as violent, abusive, racist (race based or motivated unlawful acts), unlawful or threatening. You agree and understand that your duties and liabilities are non-delegable and non-transferable.
By using this site, you agree that each standard individual violation of this Agreement carries a minimum monetary penalty of $750.00 USD plus any expenses accrued by your violation of our terms. *Violation of special terms and conditions listed and described above carry a minimum penalty fee of $15,000.00 USD.
2. Intellectual Property Rights
Other than the content you own, under these Terms, TheresaGiovanna.com and/or its licensors and owners own all the intellectual property rights and materials contained in this Website.
You are granted a limited license only for the purposes of viewing the material contained on this Website, and for interacting with the site only in the manner explicitly described on this site and in all agreements.
You are specifically restricted from all of the following:
· publishing any material appearing on our site in any other media with the purpose or affect to harass, cause harm, or to use without license (TheresaGiovanna.com must be named as the source; if sharing site content for reasons other than the restrictions listed sharing must be done as described listing us as the source of the content); individuals and entities barred from interacting with this site and its information have no exception or exemption to use in any way material and information from this site;
· selling, sublicensing and/or otherwise commercializing any Website material;
· publicly performing and/or showing any Website material;
· using this Website in any way that is or may be damaging to this Website;
· using this Website in any way that impacts user access to this Website;
· using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;
· engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website and its information;
· using this Website to engage in any advertising, marketing, or solicitation.
Certain areas of this Website are restricted from being accessed by you and we may further restrict access by you to any areas of this Website, at any time, in our absolute and sole discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality: you are responsible for all actions taken by any person accessing our site by using your ID, IP Address, etc.
4. Your Content
For purposes of using our site, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant TheresaGiovanna.com a non-exclusive, worldwide, irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not invade or infringe any other third-party’s rights. TheresaGiovanna reserves the right to remove any of Your Content from this Website at any time without notice and without reason.
5. No warranties
This Website is provided “as is,” with all faults, and TheresaGiovanna expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website, beyond our immediate and exclusive control. Also, nothing contained on this Website shall be interpreted as advising you in a way that is inconsistent with your duty to perform adequate due diligence in using a product or service.
6. Limitation of liability
TheresaGiovanna.com, Bella Caveat LLC, its officers, owners, directors, employees, affiliates, and parent company shall not be held liable for anything arising out of or in any way connected with your use of this Website beyond the scope of our limited online relationship.
TheresaGiovanna.com including its owner, officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Class Action Waiver
You agree that disputes will be resolved by binding arbitration, and specifically, that claims may be by individuals in their individual capacity, and not as a plaintiff or class member in any purported class or representative action – unless all disputing or litigating parties agree.
You further agree that class-action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts in a representative capacity isn’t allowed – nor is combining individual proceedings or actions without the consent of all parties.
You hereby indemnify to the fullest extent by law TheresaGiovanna.com and all of its affiliates and owners from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Note that a clause herein found invalid may be valid and enforceable under another agreement found on our site.
9. Variation of Terms
TheresaGiovanna.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
TheresaGiovanna.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification, and such notice will appear here within 14 days if such assignment occurs. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Hyperlinking to our content
The following organizations may link to our Website without prior written approval:
- Government agencies (acting in a lawful capacity; rogue government entities and agents remain barred);
- Search engines;
- News organizations;
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party's site;
(d) is not and does not commercialize or monetize our material for their benefit
Exceptions: [Background: A federal judge has already threatened to cause harm to the site’s owner.] Any person or entity who is barred from accessing or interacting with this site, but who works with or for an agency otherwise permitted here to use our site, is still barred – as is the entity and any supporter or agent working on behalf of the third party. Barred persons and entities cannot use this provision of this agreement to claim a right of use, EXCEPT that the person or entity is no longer listed as BARRED but as REDEEMED on this site, by the site’s owner.
*We will scrutinize, reconsider, and revoke links by otherwise allowed entities and affiliations here, when such link was made, caused, or allowed by a person or entity that we have named for conduct that violates the rights of women and African Americans. Such conduct would be improper by the actor, as we have strictly barred individuals, entities, and affiliations with those who commit such acts.
No use of our name, logo, likeness, writings, artwork, or other content is permitted absent a trademark license agreement in writing granted by the site’s owner(s).
Without prior written approval and express written permission from the owner, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website for any purpose.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that may arise on your Website from linking or using our information.
No link(s) can appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party’s rights. It is your independent, non-transferrable and unassignable duty to independently verify the information you use from us.
Reservation of rights
We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you may contact and inform us. We will consider requests to remove links, however, we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
12. Entire Agreement
These Terms constitute the entire agreement between TheresaGiovanna.com and you in relation to your use of this Website, and supersede all prior agreements and understandings.
You agree to submit to arbitration, in the state of New York, New York, USA in the event of any unsettled dispute between parties. If for any reason arbitration cannot settle a dispute, then paragraph 14 (below) will be applied.
14. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for resolution of any disputes.
If you wish to contact us regarding our terms and conditions, you may do so by email or by mail.
Bella Caveat LLC
232 West 116th Street, Unit #354
New York, NY 10026
*Note: spam and unsolicited communications are prohibited
These Terms and Conditions were updated October, 3, 2020.