YOU UNDERSTAND THAT BY USING THE SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
If You are not a resident of the United States and use the Services, You acknowledge, understand and agree that You are doing so on your own initiative and at your own risk and that it is your responsibility to make sure that your use of the Services complies with all applicable laws in your country of residence. Please note that any data You enter to access the Services will be transferred outside your country for use by JESSICA ELLIOT and its affiliates and partners for any of the purposes described herein and, therefore, by providing data, You hereby expressly consent to such transfers of your data to the United States and/or other countries. You also understand that such other countries to which this data may be transferred may not have the level of data security protection as in your country. In addition, we may make information that we receive through the Services available to businesses and affiliates worldwide.
Intended for Users Over 13
We provide the Services for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Services only with the assistance of a parent or guardian.
Errors with the Services
We try to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Services is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, on occasion an item may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we'll charge your card for an item when you place your order, including when you pre-order an item or place an order for an item that is on backorder.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
Right of Cancellation; Return of Goods
You have the right, within the time period stated in the FAQs section of the website, to cancel our contract with you and return the goods. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by emailing firstname.lastname@example.org so our support team can assist you. You must contact support before returning or exchanging any item.
Ownership of Materials
All materials provided through the Services, including but not limited to information, data, names, logos, software, photographs, videos, typefaces, graphics, sounds and other materials (collectively, the "Materials") are the intellectual property of JESSICA ELLIOT, its licensors, affiliates, partners and suppliers. The Materials are protected by copyright, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with JESSICA ELLIOT, its licensors, affiliates, partners, or suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to JESSICA ELLIOT or its affiliates, partners, and/or third party licensors. Except as expressly authorized by JESSICA ELLIOT, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. The logos and other trademarks on the Services are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by JESSICA ELLIOT and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Limited License Granted to You
JESSICA ELLIOT grants you a limited license to access and make personal use of the Services. Unless indicated to the contrary, you may access, copy, download and print the content available on the Services for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. JESSICA ELLIOT or its licensors or content providers retain full and complete title to the content available on the Services, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in JESSICA ELLIOT's sole discretion. JESSICA ELLIOT strictly prohibits any other use of any content available through the Services.
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT, BY ACCESSING THE SERVICES: (I) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY; (II) USE THE SERVICES FOR ANY PURPOSE OTHER THAN TO ACCESS SERVICES AS SUCH SERVICES ARE OFFERED BY JESSICA ELLIOT; (III) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE SERVICES; (IV) USE THE SERVICES FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY; (V) EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, OR OTHER CONTENT THROUGH THE SERVICES FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICES IS FOR PERSONAL, NON-COMMERCIAL USE ONLY; (VI) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (VII) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (VIII) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE SERVICES OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS; (IX) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE SERVICES OR ANY ACTIVITIES CONDUCTED THROUGH THE SERVICES; (X) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES JESSICA ELLIOT MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE SERVICES.
Services and Accounts
Users of the Services may sign up for an account ("Account"). You agree that the Account is for your personal use only. You also agree that certain restrictions from content licensors or other third parties could limit your access to the content, through no fault of JESSICA ELLIOT.
You represent that all of the information, data and other materials you provide on the Services or to JESSICA ELLIOT through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Services, as appropriate.
JESSICA ELLIOT reserves the right to refuse or cancel any person's registration for the Services, remove any person from the Services and prohibit any person from using the Services for any reason whatsoever, and to limit or terminate your access to or use of the Services at any time without notice. JESSICA ELLIOT neither warrants nor represents that your use of the content available on the Services will not infringe rights of third parties not affiliated with JESSICA ELLIOT. Termination of your access or use will not waive or affect any other right or relief to which JESSICA ELLIOT may be entitled, at law or in equity.
When you are required to open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify JESSICA ELLIOT immediately on any unauthorized use of your account, user name, or password. JESSICA ELLIOT shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by JESSICA ELLIOT, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
You may use the Services only for lawful purposes. Activities including, but not limited to, tampering with the Services, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Services are prohibited.
The Services may contain links to other sites or resources that are operated by third parties not affiliated with JESSICA ELLIOT. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such Services or resources. Inclusion of links to other Services or resources should not be viewed as an endorsement of the content of linked Services or resources. Different terms and conditions and privacy policies may apply to your use of any linked Services or resources. JESSICA ELLIOT is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked Services or resource.
Disclaimers and Limitation of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY JESSICA ELLIOT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless JESSICA ELLIOT, its officers, directors, members, employees, affiliates, partners, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors, members, and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of (i) any claim due to or arising out of your violation of these Terms; (ii) your use or misuse of or access to the Services; or (iii) your violation of any law, regulation or third party right, including without limitation, any copyright, property, or privacy right.
JESSICA ELLIOT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify JESSICA ELLIOT, and You agree to cooperate with JESSICA ELLIOT's attorneys in the defense of these claims.
Copyright Infringement Notification
JESSICA ELLIOT prohibits the use of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. It is JESSICA ELLIOT's policy to respond to clear notices of alleged copyright infringement. If You believe that any content provided through the Services infringes your copyrights, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)). The notice must provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit JESSICA ELLIOT to locate the material;
- Information reasonably sufficient to permit JESSICA ELLIOT to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, You must provide it to JESSICA ELLIOT's designated agent at:
c/o JESSICA ELLIOT, Legal Department
112 West 9th street
Los Angeles, CA 90015
JESSICA ELLIOT may update this contact information from time to time without notice to you. We will post the current contact information on this site.
U.S. law provides significant penalties for submitting such a statement falsely.
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. IN THE EVENT OF A DISPUTE CONCERNING THE TERMS, POLICIES, SERVICES, MATERIALS, OR ANY OTHER MATTER RELATING TO JESSICA ELLIOT, SUCH DISPUTE SHALL BE SUBMITTED TO A JAMS ARBITRATION ARBITRATOR. THE ARBITRATOR SHALL HEAR AND DETERMINE THE CONTROVERSY IN ACCORDANCE WITH APPLICABLE LAW AND THE EVIDENCE PRODUCED AT THE ARBITRATION HEARING. SUCH PRE-ARBITRATION DISCOVERY SHALL BE PERMITTED TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL DECIDE ALL DISCOVERY DISPUTES. THE ARBITRATOR SHALL NOT HAVE ANY POWER TO ALTER, AMEND, MODIFY OR CHANGE ANY OF THE TERMS OR POLICIES, NOR TO GRANT ANY REMEDY WHICH IS EITHER PROHIBITED BY THE TERMS OR POLICIES, OR NOT AVAILABLE IN A COURT OF LAW. ALL QUESTIONS IN RESPECT OF PROCEDURE TO BE FOLLOWED IN CONDUCTING THE ARBITRATION, AS WELL AS THE ENFORCEABILITY OF THE TERMS AND POLICIES TO ARBITRATE WHICH MAY BE RESOLVED BY STATE LAW, SHALL BE RESOLVED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA. THE COST OF THE ARBITRATION, INCLUDING ANY JAMS ADMINISTRATION FEE, THE ARBITRATOR'S FEE, AND COSTS FOR THE USE OF FACILITIES DURING THE HEARINGS, SHALL BE BORNE EQUALLY BY THE PARTIES. THE ARBITRATOR SHALL ISSUE A WRITTEN REASONED DECISION AND AWARD WITHIN NINETY (90) DAYS FROM THE DATE THE ARBITRATION PROCEEDINGS ARE INITIATED (WHICH AWARD MAY INCLUDE COSTS AND ATTORNEYS' FEES TO THE PREVAILING PARTY). JUDGMENT ON THE AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Our Commitment to Security
JESSICA ELLIOT uses commercially reasonable safeguards to preserve the integrity and security of your Personal Information to help prevent loss, misuse, unauthorized access, disclosure or modification of Personal Information. While we take these reasonable efforts to safeguard your Personal Information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to JESSICA ELLIOT, and you do so at your own risk. Once we receive your transmission of information, JESSICA ELLIOT makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards.
If any provision of these Terms or the application of any provision of these Terms to any person or circumstance is to any extent, held to be invalid or unenforceable, the remainder of these Terms or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of these Terms will be valid and be enforced to the fullest extent permitted by law. The failure of any breach or default of these Terms shall not constitute a waiver of any subsequent breach or a waiver of the provision itself.
You agree that JESSICA ELLIOT, in its sole discretion, for any or no reason, may suspend or terminate your use of the Services. You agree that any termination or suspension of your access to the Services, without prior notice, shall be without liability to JESSICA ELLIOT or its agents. JESSICA ELLIOT may also, in its sole discretion, for any or no reason, restrict access to the Services, without any prior notice.
These Terms, and any rights and licenses granted through these Terms, may not be transferred by You or assigned by You, but may be assigned by JESSICA ELLIOT without restrictions.
All contents of the Services are: Copyright © 2013-2014 JESSICA ELLIOT, 112 West 9th street, Suite 1226, Los Angeles, CA 90015. All rights reserved.
Nothing contained on or in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by JESSICA ELLIOT or by any third party.
Please contact us at email@example.com with any questions regarding these Terms.