Site Content, Ownership, Limited License, And Rights Of Others
All Materials And Content On Our Sites And Applications Are Protected By Copyrights, Trademarks, Or Other Intellectual Property Rights. These Materials Are Owned By JOS, Or Are Used With Permission Of Their Owners Or As Otherwise Authorized By Law. Such Materials Include, But Are Not Limited To, Trademarks, Content, Photographs, Images, Illustrations, Text, Videos, And Other Materials. JOS Trademarks Include, But Are Not Limited To, J’ORGANIC CARE, , And Other JOS Brands, Logos And Tag Lines. All Rights Are Reserved, Worldwide.
Subject To Your Strict Compliance With These Terms, JOS Grants You A Limited, Non-Exclusive, Revocable, Non-Assignable, Personal, And Non-Transferable License To Use Our Sites And Applications For Your Personal, Non-Commercial Purposes Only.
When Using Our Sites And Applications, You Must Respect The Intellectual Property And Other Rights Of JOS And Others. Your Unauthorized Use Of Content From Our Sites Or Applications May Violate Copyright, Trademark, Privacy, Publicity, Communications, And Other Laws, And Any Such Use May Result In Your Personal Liability, Including Potential Criminal Liability. JOS Respects The Intellectual Property Rights Of Others. If You Believe That Your Work Has Been Infringed By Means Of An Improper Posting Or Distribution Of It On Our Sites Or Applications, Please Review Reporting Potential Copyright Infringement To Us, Below.
Site Use And Restrictions
Any Unauthorized Use Of Our Sites Or Applications For Any Purpose Is Prohibited. We May Suspend Or Terminate The Availability Of Our Sites Or Applications (And Any Elements Or Features Of Them), In Whole Or In Part, For Any Reason, And At Any Time, In Our Sole Discretion, And Without Advance Notice Or Liability.
You Agree That You Will Not:
Aside From Your Purchase Of Goods Or Services Offered For Sale By JOS Or Its Affiliates, Use Our Sites Or Applications For Any Political Or Commercial Purpose;
Engage In Any Activities Through Or In Connection With Our Sites Or Applications That Attempt To Or Do Harm Any Individuals Or Entities Or Are Unlawful, Offensive, Abusive, Or That Violate Any Right Of Any Third Party, Or Are Otherwise Objectionable To JOS;
Reverse Engineer, Decompile, Disassemble, Reverse Assemble, Or Modify Any Site Or Application Source Or Object Code Or Any Software Or Other Products, Services, Or Processes Accessible Through Any Portion Of Our Sites And Applications;
Engage In Any Activity That Interferes With Another User’s Access To Our Sites Or Applications Or The Proper Operation Of Our Sites Or Applications, Or Otherwise Causes Harm To Our Sites Or Applications, JOS, Or Other Users;
Interfere With Or Circumvent Any Security Or Access Feature Of Our Sites Or Applications; OrOtherwise Violate These Terms. You Also Agree That, In Using Our Sites And Applications:
You Will Not Copy Or Distribute Any Content From Our Sites Or Applications Manually Or By Using Any Robot, Scraper, Crawler, Or Any Other Automatic Device Or Process;
You Will Not Frame Or Utilize Framing Techniques To Enclose Any Content From Our Sites (Including Any Images, Text, Or Page Layout);
You Will Keep Intact All Trademark, Copyright, And Other Intellectual Property Notices Contained In Content From Our Sites And Applications;
You Will Not Use Content From Our Sites Or Applications In A Manner That Suggests An Unauthorized Association With Any Of Our Or Our Licensors’ Products, Services, Or Brands;
You Will Not Copy, Modify, Reproduce, Archive, Sell, Lease, Rent, Exchange, Create Derivative Works From, Publish By Hard Copy Or Electronic Means, Publicly Perform, Display, Disseminate, Distribute, Broadcast, Retransmit, Circulate Or Transfer To Any Third Party Or On Any Third-Party Application Or Website, Or Otherwise Use Or Exploit Content From Our Sites Or Applications In Any Way For Any Purpose Except As Specifically Permitted By These Terms Or With The Prior Written Consent Of An Officer Of JOS Or, In The Case Of Content From A Licensor, The Owner Of The Content; And
You Will Not Insert Any Code Or Product To Manipulate Content On Our Sites Or Applications.
To Use Some Of The Features On Our Sites And Applications, You Must First Register For An Account Through Our Online Registration Process. When You Register For An Account, You Will Select Your Own Password (Or We May Send You An E-Mail With An Initial Password) And You Agree That:
You Will Not Use A Username (Or E-Mail Address) That Is Already Being Used By Someone Else, Impersonates Another Person, Belongs To Another Person, Violates The Intellectual Property Or Other Right Of Any Person Or Entity, Or Is Offensive. We May Reject The Use Of Any Password, Username, Or E-Mail Address For Any Other Reason In Our Sole Discretion;
You Will Provide True, Accurate, Current, And Complete Registration Information About Yourself During The Registration Process And Will Update It As Needed To Keep It Accurate;
You Are Solely Responsible For All Activities That Occur Under Your Account, Password, And Username Â€“ Whether Or Not You Authorized The Activity;
You Are Solely Responsible For Maintaining The Confidentiality Of Your Password And For Restricting Access To Your Device(S) So That Others May Not Access Any Password Protected Portion Of Our Sites Or Applications Using Your Name, Username, Or Password;
You Will Immediately Notify Us Of Any Unauthorized Use Of Your Account, Password, Or Username, Or Any Other Breach Of Security; And
You Will Not Sell, Transfer, Or Assign Your Account Or Any Account Rights.
We Will Not Be Liable For Any Loss Or Damage (Of Any Kind And Under Any Legal Theory) To You Or Any Third Party Arising From Your Inability Or Failure For Any Reason To Comply With Any Of The Foregoing
Obligations. If Any Information That You Provide, Or If We Have Reasonable Grounds To Suspect That Any Information That You Provide, Is False, Inaccurate, Outdated, Incomplete, Or Violates These Terms, Or Any Applicable Law, Then We May Suspend Or Terminate Your Account. We Also Reserve The More General And Broad Right To Terminate Your Account Or Suspend Or Otherwise Deny You Access To It Or Its Benefits Â€“ All In Our Sole Discretion, For Any Reason, And Without Advance Notice Or Liability.
Postings You Make (“User-Generated Content”)
We May Offer Features On Our Sites And Applications That Allow You To Make Postings Or Otherwise Submit Messages Or Create Content (“User-Generated Content”). We May Allow You To Create User-Generated Content Through Product Reviews, Comments, Forums, Messaging Features, Or Other Functionality.
Subject To The Rights And License You Grant In These Terms, You Retain Whatever Legally Cognizable Right, Title, And Interest That You Have In Your User-Generated Content And You Remain Ultimately Responsible For It. You Hereby Grant To JOS A Non-Exclusive, Unrestricted, Unconditional, Unlimited, Worldwide, Irrevocable, Perpetual, And Cost-Free Right And License To Use Any User-Generated Content That You Create Or Post In Any Manner, As JOS Sees Fit, Including For Advertising, Marketing, Or Promotional Purposes. As Such, You Acknowledge And Agree That User-Generated Content May Be Made Publicly Available, And You Grant That JOS May, But Is Not Obligated To, Protect And Enforce Our Rights To Your User-Generated Content, Including By Bringing And Controlling Actions In Your Name And On Your Behalf (At Our Cost And Expense, To Which You Hereby Consent And Irrevocably Appoint JOS As Your Attorney-In-Fact, With The Power Of Substitution And Delegation, Which Appointment Is Coupled With An Interest).
When You Submit User-Generated Content, You Represent And Warrant That You Are At Least The Age Of Majority In The Jurisdiction In Which You Reside And Are The Parent Or Legal Guardian, Or Have All Proper Consents From The Parent Or Legal Guardian, Of Any Minor Who Is Depicted In Or Contributed To The User-Generated Content You Submit, And That (A) You Are The Sole Author And Owner Of The Intellectual Property And Other Rights To The User-Generated Content, Or You Have A Lawful Right To Submit It And Grant JOS The Rights To It That You Are Granting By These Terms, All Without Any JOS Obligation To Obtain Consent Of Any Third Party And Without Creating Any Obligation Or Liability Of JOS; (B) The User-Generated Content You Submit Is Accurate; (C) The User-Generated Content Does Not And Will Not Infringe Any Intellectual Property Or Other Right Of Any Third Party; And (D) The User-Generated Content Will Not Violate These Terms Or Cause Injury Or Harm To Any Person.
JOS May, But Will Not Have Any Obligation To, Review, Monitor, Display, Post, Store, Maintain, Accept, Or Otherwise Make Use Of, Any User-Generated Content, And JOS May, In Its Sole Discretion, Reject, Delete, Move, Re-Format, Remove Or Refuse To Post Or Otherwise Make Use Of User-Generated Content Without Notice Or Any Liability To You Or Any Third Party In Connection With Our Operation Of Our Sites And Applications.
To Purchase Any Products Or Services On Our Sites Or Applications, You Must Be At Least Eighteen (18) Years Of Age Or The Applicable Age Of Majority In Your Jurisdiction Of Residence. Prior To The Purchase Of Any Products Or Services On Our Sites Or Applications, You Must Provide Us With A Valid Credit Card Number Or Third-Party Payment Account And Any Associated Payment Information. By Submitting That Information To Us Or Our Credit Card Processor, You Hereby Agree That You Authorize Us And/Or Our Processor To Charge Your Card At Our Convenience But Within Thirty (30) Days Of Credit Card Authorization. For Any Product Or Service That You Order On Our Sites Or Applications, You Agree To Pay The Price Applicable (Including Any Sales Taxes, Shipping And Handling, And Any Applicable Surcharges) As Of The Time You Submit The Order. JOS Will Automatically Bill Your Credit Card Or Other Form Of Payment Submitted As Part Of The Order Process For Such Price. Please Note That We Do Not Provide Price Protection Or Refunds In The Event Of A Price Drop Or Promotional Offering.
You Hereby Represent And Warrant That You Will Not Use Any Credit Card Or Other Form Of Payment Unless You Have All Necessary Legal Authorization To Do So. YOU, AND NOT JOS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You Agree To Pay All Fees And Charges Incurred In Connection With Your Purchases (Including Any Applicable Taxes) At The Rates In Effect When The Charges Were Incurred. Unless You Notify JOS Of Any Discrepancies Within Sixty (60) Days After They First Appear On Your Credit Card Statement, You Agree That They Will Be Deemed Accepted By You For All Purposes. If JOS Does Not Receive Payment From Your Credit Card Issuer Or Its Agent, You Agree To Pay All Amounts Due Upon Demand By JOS Or Its Agents. Sales Taxes, Or Other Taxes, Customs, Import/Export Charges, Or Similar Governmental Charges Are Not Included In The Price Of The Products. You Are Responsible For Paying Any Such Taxes Or Charges Imposed On Your Purchases, Including, But Not Limited To, Sales, Use, Or Value-Added Taxes. JOS Shall Automatically Charge And Withhold The Applicable Tax For Orders To Be Delivered To Addresses Within Any States Or Localities That It Deems Is Required In Accordance With Our Order Policy In Effect At The Time Of Purchase.
All Purchase Transactions Made Through Our Sites And Applications Are Final and Subject To a 30 days Return Policy In Effect At The Time Of Purchase if for any reason you decided to return the products we will issue you a full refund, you will be responsible for the return cost. Your Receipt Of An Electronic Or Other Form Of Order Confirmation Does Not Signify Our Acceptance Of Your Order, Nor Does It Constitute Confirmation Of Our Offer To Sell. JOS Reserves The Right At Any Time After Receipt Of Your Order To Accept Or Decline Your Order For Any Reason. JOS Further Reserves The Right Any Time After Receipt Of Your Order, Without Prior Notice To You, To Supply Less Than The Quantity You Ordered Of Any Item. Your Order Will Be Deemed Accepted By JOS Upon Our Delivery Of Products Or Services That You Have Ordered. We May Require Additional Verifications Or Information Before Accepting Any Order. Notwithstanding The Foregoing, You Agree That, If We Cancel All Or A Portion Of Your Order Or If We Provide You Less Than The Quantity You Ordered, Your Sole And Exclusive Remedy Is Either That: (A) We Will Issue A Credit To Your Credit Card Account Or Payment Account In The Amount Charged For The Cancelled Portion Or The Quantity Not Provided (If Your Credit Card Or Payment Account Has Already Been Charged For The Order), Or (B) We Will Not Charge Your Credit Card Or Payment Account For The Cancelled Portion Of The Order Or The Quantity Not Provided. Do Not Assume That A Cancellation Or Change Of An Order You Have Placed With JOS Has Been Effected Until You Receive A Confirmation From Us. You Will Be Responsible For, And Your Credit Card Or Third-Party Payment Account May Be Charged For, The Payment Of All Fees Associated With Orders Already Processed Or Shipped Before Your Cancellation/Change Request Or A Request To Terminate Your Account Was Received.
Modifications To Prices Or Billing Terms
The Purchase Of Products And Services On Our Sites And Applications Is Subject To Availability. PRODUCTS AND SERVICES DISPLAYED MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. JOS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR SITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.
You May Create Hyperlinks To Our Sites, So Long As: (A) The Links Only Incorporate Text, And Do Not Use Any Trademarks, (B) The Links And The Content On Your Website Do Not Suggest Any Affiliation With JOS Or Cause Any Other Confusion, And (C) The Links And The Content On Your Website Do Not Portray JOS Or Its Products Or Services In A False, Misleading, Derogatory, Or Otherwise Offensive Matter, And Do Not Contain Content That Is Unlawful, Offensive, Abusive, Or That Violates Any Right Of Any Third Party Or Is Otherwise Objectionable To JOS. JOS Reserves The Right To Suspend Or Prohibit Linking To Our Sites For Any Reason, In Its Sole Discretion, Without Advance Notice Or Any Liability Of Any Kind To You Or Any Third Party.
Links To Other Websites And Online Services
You Agree That All Matters Relating To Your Use Of Our Sites Or Applications, Your User-Generated Content, Or These Terms Will Be Governed By The Laws Of The United States And The State Of Florida Without Regard To Its Conflicts Of Laws Provisions. You Agree To Personal Jurisdiction By And Venue In State And Federal Courts In Indian River County, Florida.
In The Event That Any Dispute Between JOS And You Arises Out Of Your Use Of Our Sites Or Applications, Your User-Generated Content, Or These Terms, You And We Agree To Try To Promptly Resolve Any Such Dispute Informally. Please Send A Written Notice Describing The Dispute To [email protected] If We Are Unable To Resolve Any Such Dispute Within Thirty (30) Days), Then Either Party May Submit Such Controversy Or Dispute To Mediation. If The Dispute Cannot Be Resolved Through Mediation, Then The Parties Shall Be Free To Pursue Any Right Or Remedy Available To Them Under Applicable Law, Provided That Any Lawsuit Shall Be Filed In A Florida Court, As Agreed-To Above. Either You Or We May Seek An Injunction Or Emergency Court Relief If The Dispute Threatens To Cause Irreparable Harm To You, JOS, Or Another Person Or Entity.
You Agree That Any Disputes You Have Will Be Resolved Only On An Individual Basis And Will Not Be Consolidated With Any Other Claim Or Proceedings That Involve Any Claim Or Controversy Of Any Other Party, In A Class Action Or Other Joint Format. But If, For Any Reason, Any Court With Competent Jurisdiction Holds That This Restriction Is Unconscionable Or Unenforceable, Then You Agree That Your Claim Or Dispute Will Be Brought Exclusively In A State Or Federal Court Located In Indian River County, New York.
OUR SITES AND APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF OUR SITES OR APPLICATIONS, OR THE INFORMATION, DOCUMENTS, OR SOFTWARE THEREIN, EVEN IF JOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. JOS DOES NOT WARRANT THAT OUR SITES AND APPLICATIONS WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES JOS WARRANT THAT OUR SITES AND APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Your Use Of Our Sites Or Applications, And Any Reliance On Any Material Published Or Transmitted By Them, Is At Your Own Risk. You Agree That You Hereby Release JOS, Its Affiliates, Advertisers, Suppliers, Distributors And Others From Any And All Liability Or Obligations Arising From The Access Or Use Of Our Sites Or Applications Or Any Products Sold Or Promoted On Them. Your Sole Remedy For Any Problem Or Concern Is To Exit Our Sites Or Applications. JOS Reserves The Right To Restrict Or Limit Access To Our Sites And Applications.
JOS Controls And Operates Our Sites And Applications From Its Offices In The United States, And JOS Makes No Representation That Our Sites Or Applications Are Appropriate Or Available For Use Beyond The United States. If You Use Our Sites Or Applications From Other Locations, You Are Doing So On Your Own Initiative And Are Responsible For Compliance With Applicable Local Laws Regarding Your Online Conduct And Acceptable Content, If And To The Extent Local Laws Apply. Our Sites Or Applications May Describe Products And Services That Are Available Only In The United States (Or Only Parts Of It). We Reserve The Right To Limit The Availability Of Our Sites Or Applications And/Or The Provision Of Any Content, Program, Product, Service, Or Other Feature Described Or Available On Our Sites Or Applications To Any Person, Entity, Geographic Area, Or Jurisdiction, At Any Time And In Our Sole Discretion, And To Limit The Quantities Of Any Content, Program, Product, Service, Or Other Feature That We Provide. You And We Disclaim Any Application To These Terms Of The Convention On Contracts For The International Sale Of Goods.
JOS May Assign Its Rights And Obligations Under These Terms, In Whole Or In Part, To Any Party At Any Time Without Any Notice. These Terms May Not Be Assigned By You, And You May Not Delegate Your Duties Under Them, Without The Prior Written Consent Of An Officer Of JOS.
When You Communicate With Us Electronically, Such As Via E-Mail, You Consent To Receive Communications From Us Electronically. Please Note That We Are Not Obligated To Respond To Inquiries That We Receive. You Agree That All Agreements, Notices, Disclosures, And Other Communications That We Provide To You Electronically Satisfy Any Legal Requirement That Such Communications Be In Writing.
You Hereby Agree To Defend, Indemnify, And Hold JOS And Its Subsidiaries And Each Of Their Respective Employees, Directors, Members, Managers, Shareholders, Agents, Vendors, Licensors, Licensees, Contractors, Customers, Successors, And Assigns (Each An “JOS Party,” Or Collectively, “JOS Parties”) Harmless From And Against Any And All Claims, Damages, Losses, Costs, Investigations, Liabilities, Judgments, Fines, Penalties, Settlements, Interest, And Expenses (Including Attorneys’ Fees) That Directly Or Indirectly Arise From Or Are Related To Any Claim, Suit, Action, Demand, Or Proceeding Made Or Brought Against Any JOS Party, Or On Account Of The Investigation, Defense, Or Settlement Thereof, Arising Out Of Or In Connection With, Whether Occurring Heretofore Or Hereafter: (A) Your User-Generated Content; (B) Your Use Of Our Sites Or Applications And Your Activities In Connection With Our Sites Or Applications; (C) Your Breach Or Alleged Breach Of These Terms; (D) Your Violation Or Alleged Violation Of Any Laws, Rules, Regulations, Codes, Statutes, Ordinances, Or Orders Of Any Governmental Or Quasi-Governmental Authorities In Connection With Your Use Of Our Sites Or Applications And Your Activities In Connection With Our Sites Or Applications; (E) Information Or Material Transmitted Through Your Device, Even If Not Submitted By You, That Infringes, Violates, Or Misappropriates Any Copyright, Trademark, Trade Secret, Trade Dress, Patent, Publicity, Privacy, Or Other Right Of Any Person Or Entity; (F) Any Misrepresentation Made By You; Or (G) JOS Parties’ Use Of The Information That You Submit To Us (Including Your User-Generated Content) (All Of The Foregoing, “Claims And Losses”).
You Will Cooperate As Fully Required By JOS Parties In The Defense Of Any Claim And Losses. Notwithstanding The Foregoing, JOS Parties Retain The Exclusive Right To Settle, Compromise, And Pay Any And All Claims And Losses. JOS Parties Reserve The Right To Assume The Exclusive Defense And Control Of Any Claims And Losses. You Will Not Settle Any Claims And Losses Without, In Each Instance, The Prior Written Consent Of An Officer Of A JOS Party.
Except As Expressly Set Forth In These Terms, (A) No Failure Or Delay By You Or JOS In Exercising Any Of Rights, Powers, Or Remedies Under These Terms Will Operate As A Waiver Of That Or Any Other Right, Power, Or Remedy, And (B) No Waiver Or Modification Of Any Term Of These Terms Will Be Effective Unless In Writing And Signed By The Party Against Whom The Waiver Or Modification Is Sought To Be Enforced.
Severability And Interpretation
If Any Provision Of These Terms Is For Any Reason Deemed Invalid, Unlawful, Void, Or Unenforceable By A Court Or Arbitrator Of Competent Jurisdiction, Then That Provision Will Be Deemed Severable From These Terms, And The Invalidity Of The Provision Will Not Affect The Validity Or Enforceability Of The Remainder Of These Terms (Which Will Remain In Full Force And Effect). To The Extent Permitted By Applicable Law, You Agree To Waive, And You Hereby Waive, Any Applicable Statutory And Common Law That May Permit A Contract To Be Construed Against Its Drafter. Wherever The Word “Including” Is Used In These Terms, The Word Will Be Deemed To Mean “Including, Without Limitation.”
If You Have Any Questions Regarding Our Terms, Practices, Or Your Use Of Our Sites Or Applications, Please Contact Us At [email protected] Or At:
J’Organic Solutions LLC
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