Jinja too, LLC
Terms and Conditions of Use
We encourage you to regularly review the following Terms as we may amend them from time to time.
(a) The content of the pages of our Website and the products available through Website are subject to change without notice. By using our Website, you agree to any changes to our Terms and other guidelines or policies governing Website.
(b) You are our customer. The language of these Terms is not in any way intended to constitute an agency relationship, joint venture, or partnership for any purpose.
(c) You agree not to use our Website for any illegal, harmful, or otherwise inappropriate purpose, as is determined by us in our sole discretion. Such use is a material breach of these terms and may result in the immediate termination of your user account and ability to use our Website.
(d) You may utilize our Website only if you are over the age of eighteen (18) and are capable of entering into contracts. Individuals under the age of eighteen (18) may use our Website only with the consent of their legal parent or guardian.
2. User Account. We provide you with the ability to create a user account in order to make it easier for you to shop and order from us. However, it is your obligation to maintain and control passwords to your account. You are responsible for all activities that occur in connection with your user name and password. You agree to notify us of any unauthorized uses of your user name and password or any other breaches of security. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with your security obligations or caused by any person to whom you grant access to your account.
3. Linked Sites.
(a) Our Website may provide links to other sites by allowing you to leave our Website to access third-party material or by bringing third-party material into our Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We do not have discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers and is intended for your convenience. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and please make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
(b) All content and products on our Website or obtained from a Linked Site are provided to you “AS IS” without warranty of any kind either express or implied.
(c) We do not endorse and are not responsible for (i) the accuracy or reliability of an opinion, advice, or statement made through our Website, (ii) any content provided on Linked Sites, or (iii) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information, product or service obtained through our Website or a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through our Website, or obtained from a Linked Site.
(a) You understand and agree that your use of any information or materials from our Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through our Website meet your specific desires, tastes, and aesthetic preferences prior to purchasing from us.
(b) Although we strive to give you the best possible shopping experience, the information, products, and descriptions of products published on our Website may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on our Website is complete or up-to-date. We will from time to time, but are not obligated to, update the content on our Website as products become available or change. We may update the content on or make improvements to our Website at any time.
(c) You agree that we, our affiliates, and any of our or their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute Website or lost opportunity) arising out of or in connection with the delay or inability to use our Website even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet Website provider), unauthorized access, theft, operator errors, strikes, other labor problems, or any other force majeure. We cannot and do not guarantee continuous, uninterrupted, or secure access to our Website.
7. Intellectual Property.
(a) The trademarks, logos, and Website marks (“Marks”) including the name “Jinja Jewelry” and our logo displayed through our Website are the property of Jinja Jewelry, LLC and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as keywords or metatags on other pages or Websites on the World Wide Web without the written permission of Jinja Jewelry, LLC or such third party which may own the Marks. All information and content located on our Website is protected by copyright and your access to such information on our Website is strictly permitted through the limited non-exclusive license granted under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. Unauthorized use of our Website may give rise to a claim for damages and/or may constitute a criminal offense.
(b) We respect the intellectual property rights of others. If you believe that the content and/or materials on our Website are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at: Elaine@jinjajewelry.net.
8. Payment. It is your responsibility to ensure that all personal, billing, and payment information provided to us is up-to-date and accurate. Failure to provide accurate information to us may result in the delay of processing your order or our inability to provide products to you.
9. Severability. If any of the Terms or provisions contained herein are deemed to be invalid or unenforceable, the other Terms or remaining provisions shall remain valid and enforceable.
10. Dispute Resolution. In the event that any dispute arises with respect to these Terms, upon the election of Jinja in its sole discretion, such dispute shall be resolved by binding arbitration in Maricopa County, Arizona, and at our option, such arbitration shall be before a single but neutral arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State and Federal courts having jurisdiction over Maricopa County, Arizona. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or your use of our Website or services. You by using our Website and/or services, you expressly and irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in Maricopa County, Arizona whether either arbitration or litigation arises between Jinja and you.
11. Disclaimer. THIS WEBSITE AND THE MATERIALS, PRODUCTS, AND/OR SERVICES IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JINJA DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. JINJA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JINJA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. JINJA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED OR PROVIDED BY US ON THIS WEBSITE, EVEN IF JINJA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Feedback. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive. You are responsible for the messages, materials and content of all submissions to us and it is your responsibility to ensure any said message is accurate, reliable, original, and does not infringe upon the intellectual property rights of others. Please send your comments or questions to: Elaine@jinjajewelry.net.