Welcome to the website (the "Site") of
JubileeJam.net, Inc. ("JubileeJam.net"). JubileeJam.net provides its
services to you subject to the notices, terms, and conditions set forth
in this agreement (the "Agreement"). In addition, when you use any
JubileeJam.net service (e.g., Customer Reviews), you will be subject to
the rules, guidelines, policies, terms, and conditions applicable to
such service, and they are incorporated into this Agreement by this
reference. JubileeJam.net reserves the right to change this Site and
these terms and conditions at any time. ACCESSING, BROWSING OR
OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND
CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING.
USE OF SITE
You represent and
warrant that you are at least 18 years old or visiting the Site under
the supervision of a parent or guardian.
Subject to the terms and conditions of this
Agreement, JubileeJam.net hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use the Site
by displaying it on your internet browser only for the purpose of
shopping for personal items sold on the Site and not for any commercial
use or use on behalf of any third party, except as explicitly permitted
by JubileeJam.net in advance. Any breach of this Agreement shall result
in the immediate revocation of the license granted in this paragraph
without notice to you.
Except as permitted in the paragraph above, you may
not reproduce, distribute, display, sell, lease, transmit, create
derivative works from, translate, modify, reverse-engineer,
disassemble, decompile or otherwise exploit this Site or any portion of
it unless expressly permitted by JubileeJam.net in writing. You may not
make any commercial use of any of the information provided on the Site
or make any use of the Site for the benefit of another business unless
explicitly permitted by JubileeJam.net in advance. JubileeJam.net
reserves the right to refuse service, terminate accounts, and/or cancel
orders at its discretion, including, without limitation, if
JubileeJam.net believes that customer conduct violates applicable law
or is harmful to JubileeJam.net's interests.
You shall not upload to, distribute, or otherwise
publish through this Site any Content, information, or other material
that (a) violates or infringes the copyrights, patents, trademarks,
service marks, trade secrets, or other proprietary rights of any
person; (b) is libelous, threatening, defamatory, obscene, indecent,
pornographic, or could give rise to any civil or criminal liability
under U.S. or international law; or (c) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for
informational purposes. It is your sole responsibility to consult a
licensed physician or qualified health care professional for advice,
diagnosis, and/or treatment of any health related condition.
Submissions or opinions expressed on this Site are that of the
individual expressing such Submission or opinion and may not reflect
the opinions of JubileeJam.net. Product representations expressed on
this Site are that of the vendor and are not made by JubileeJam.net.
JubileeJam.net may assign you a password and account
identification to enable you to access and use certain portions of this
Site. Each time you use a password or identification, you will be
deemed to be authorized to access and use the Site in a manner
consistent with the terms and conditions of this Agreement, and
JubileeJam.net has no obligation to investigate the authorization or
source of any such access or use of the Site. YOU WILL BE SOLELY
RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE
PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT
SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU,
INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND
ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS)
INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for
protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify
JubileeJam.net of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security.
REVIEWS AND COMMENTS
Except as
otherwise provided elsewhere in this Agreement or on the Site, anything
that you submit or post to the Site and/or provide JubileeJam.net,
including without limitation, ideas, know-how, techniques, questions,
reviews, comments, and suggestions (collectively, "Submissions") is and
will be treated as nonconfidential and nonproprietary, and
JubileeJam.net shall have the royalty-free, worldwide, perpetual,
irrevocable and transferable right to use, copy, distribute, display,
publish, perform, sell, lease, transmit, adapt, create derivative works
from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions.
All Submissions shall automatically become the sole and exclusive
property of JubileeJam.net and shall not be returned to you.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the Site, you also
grant JubileeJam.net the right to use the name that you submit with any
review, comment, or other Content, if any, in connection with such
review, comment, or other content. You represent and warrant that you
own or otherwise control all of the rights to the reviews, comments and
other Content that you post on this Site and that use of your reviews,
comments, or other Content by JubileeJam.net will not infringe upon or
violate the rights of any third party. You shall not use a false e mail
address, pretend to be someone other than yourself or otherwise mislead
JubileeJam.net or third parties as to the origin of any Submissions or
Content. JubileeJam.net may, but shall not be obligated to, remove or
edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text,
graphics, button icons, images, audio chips, and software
(collectively, “Content”), belongs exclusively to JubileeJam.net or its
Content suppliers. The collection, arrangement, and assembly of all
Content on this Site (the “Compilation”) belongs exclusively to
JubileeJam.net. All software used on this Site (the “Software”) is the
property of JubileeJam.net or it’s Software suppliers. The Content, the
Compilation and the Software are all protected by U.S. and
international copyright lays. JubileeJam.net and other logos, slogans,
trade names or words are registered trademarks, trademarks or service
marks of JubileeJam.net, its suppliers, or third parties. The use of
any JubileeJam.net trademark or service mark without JubileeJam.net’s
express consent is strictly prohibited. You may not use any
JubileeJam.net trademark or service mark in connection with any
non-JubileeJam.net product or service or in any way that is likely to
cause confusion. You may not use JubileeJam.net’s trademarks or service
marks in any manner that disparages or discredits JubileeJam.net. You
may not use any of the JubileeJam.net trademarks or service marks in a
meta tags without prior explicit consent of JubileeJam.net.
PRIVACY POLICY
Please review our
Privacy Policy, which also governs your visit to this Site, to
understand our practices. Our Privacy Policy is available by selecting
Customer Service on the top Navigation Bar.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon
JubileeJam.net's delivery of the items to the carrier pursuant to
JubileeJam.net's standard terms of sale, which you may access by
selecting Customer Service on the top Navigation Bar.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, JubileeJam.net
may, without prior notice to you, immediately terminate the Agreement
or revoke any or all of your rights granted under this Agreement. Upon
any termination of this Agreement, you shall immediately cease all
access to and use of the Site and JubileeJam.net shall, in addition to
any other legal or equitable remedies, immediately revoke all
password(s) and account identification issued to you and deny your
access to and use of this Site in whole or in part. Any termination of
this Agreement shall not affect the respective rights and obligations
(including without limitation, payment obligations) of the parties
arising before the date of termination.
INTERNATIONAL ACCESS
This Site
may be accessed from countries other than the United States. This Site
may contain products or references to products that are not available
outside of the United States. Any such references do not imply that
such products will be made available outside the United States. If you
access and use this Site outside the United States you are responsible
for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern
the sale of each product on this site, a copy of which you may access
by selecting Customer Service on the top Navigation Bar. This site, the
products offered for sale on it and the transactions conducted through
it are provided by JubileeJam.net on an “as is” basis. JubileeJam.net
makes no representations or warranties of any kind, express or implied,
as to the operation of the site or the information, content, materials,
or products included on this site except as provided by selecting
Customer Service on the top Navigation Bar. To the full extent
permissable by applicable law, JubileeJam.net disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability, noninfringement, title and quiet enjoyment. This
site may include inaccuracies, mistakes or typographical inaccuracies.
JubileeJam.net does not warrant that the content will be uninterrupted
or error-free.
To the maximum extent permitted by law,
JubileeJam.net will not be liable for any damages of any kind arising
from the use of this site, including, but not limited to indirect,
incidental, punitive, exemplary, special or consequential damages. To
the maximum extent permitted by applicable law, JubileeJam.net's total
liability to you for any damages (regardless of the foundation of the
action) shall not exceed in the aggregate the amount of fees actually
paid by you to JubileeJam.net during the month immediately preceding
the act allegedly giving rise to JubileeJam.net's liability.
TYPOGRAPHICAL ERRORS
In the
event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, JubileeJam.net shall have the
right to refuse or cancel any orders placed for product listed at the
incorrect price. JubileeJam.net shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, JubileeJam.net shall
immediately issue a credit to your credit card account in the amount of
the charge.
LINKS
This site may contain
links to other sites on the Internet that are owned and operated by
third parties. You acknowledge that JubileeJam.net is not responsible
for the operation of or content located on or through any such site.
REMEDIES
You agree that
JubileeJam.net's remedy at law for any actual or threatened breach of
this Agreement would be inadequate and that JubileeJam.net shall be
entitled to specific performance or injunctive relief, or both, in
addition to any damages that JubileeJam.net may be legally entitled to
recover, together with reasonable expenses of any form of dispute
resolution, including, without limitation, attorneys' fees.
No right or remedy of JubileeJam.net shall be
exclusive of any other, whether at law or in equity, including without
limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by JubileeJam.net of its rights
or remedies under these terms and conditions shall imply any obligation
to grant any similar, future or other waiver.
APPLICABLE LAW
By visiting this
Site, you agree that the laws of the State of Georgia, without giving
effect to any principles of conflicts of laws, will govern these Terms
of Use and any dispute of any sort that might arise between you and
JubileeJam.net or any of its affiliates or subsidiaries.
DISPUTES
Any dispute relating in
any way to your visit to the Site or to the products you purchase
through the Site shall be submitted to confidential arbitration in
Atlanta, Georgia, except that to the extent you have in any manner
violated or threatened to violate JubileeJam.net's intellectual
property rights, JubileeJam.net may seek injunctive or other
appropriate relief in any state or federal court in the State of
Georgia. You hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in the state and federal courts of Georgia.
Arbitration under these Terms of Use shall be conducted pursuant to the
Commercial Arbitration Rules then prevailing at the American
Arbitration Association. The arbitrator's award shall be final and
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class action proceedings or otherwise. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of, related to or connected with the use of the Site or this
Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever banned.
SEVERABILITY
If any these
provisions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed several and shall not
affect the validity and enforceability of any remaining provision.
OUR ADDRESS
Please send any questions or comments regarding this Site to:
Jubilee Jam, Inc.
1266 West Paces Ferry Rd., #172
Atlanta, GA 30327-2306