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YOUR USE OF JAINESSE.com IS GOVERNED BY THESE TERMS OF USE. BY ACCESSING AND USING JAINESSE.com, YOU AGREE THAT YOUR ACCESS TO AND USE OF JAINESSE.com IS SUBJECT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions May Change
JAINESSE shall have right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of JAINESSE.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on JAINESSE.com. You are responsible for reviewing JAINESSE.com periodically for any modification to these Terms of Use. Any access or use of JAINESSE.com site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.
Prices and Orders. JAINESSE does not accept orders from outside the United States. JAINESSE does not ship products to destinations outside of the United States. JAINESSE will add shipping and handling fees and applicable sales/use tax. JAINESSE reserves the right without prior notice to discontinue or change specifications and prices on products offered on JAINESSE.com. Products displayed on JAINESSE.com are available while supplies last. All orders for products displayed on JAINESSE.com are subject to JAINESSE's credit approval. JAINESSE reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from JAINESSE. JAINESSE reserves the right to limit the order quantity on any item. In the event that a product is listed at an incorrect price due to typographical error, JAINESSE shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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, JAINESSE shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Content. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on JAINESSE.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. JAINESSE may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by JAINESSE or by third parties that have licensed their use to JAINESSE. You may view and use the Content only for your personal information and for shopping and ordering on JAINESSE.com. Except as set forth above, JAINESSE does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any of the Content.
Termination. JAINESSE shall have the right without notice and at any time to terminate JAINESSE.com or any portion thereof, or any products offered through JAINESSE.com, or to terminate any individual's right to access or use JAINESSE.com.
Submissions. Except as otherwise expressly provided in the JAINESSE's PRIVACY STATEMENT posted on JAINESSE.com, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to JAINESSE.com shall be and remain the exclusive property of JAINESSE. Your submission of any such Comments shall constitute an assignment to JAINESSE of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. JAINESSE will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send JAINESSE.com any Comments that you do not wish to assign to JAINESSE.com.
Correction of Errors and Inaccuracies. The information on JAINESSE.com may contain typographical errors or inaccuracies and may not be complete or current. JAINESSE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Your Account. You are responsible for maintaining the confidentiality of your JAINESSE account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use JAINESSE.com only with involvement of a parent or guardian.
Disclaimer and Limitation as to Use of JAINESSE.com. JAINESSE.com IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, JAINESSE.com AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, JAINESSE.com AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SHOPNC.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL JAINESSE.com OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE JAINESSE.com, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Disclaimer and Limitation of Liability as to Products. If for any reason you are not entirely pleased with a product you purchased on JAINESSE.com, simply return the item within thirty (30) days of the date of your invoice for exchange or full refund of the purchase price.
JAINESSE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, JAINESSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON JAINESSE.com, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL JAINESSE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON JAINESSE.com. IN NO EVENT SHALL JAINESSE'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Miscellaneous. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on JAINESSE.com or to these Terms of Use, the United States District Courts for California shall have sole and exclusive jurisdiction and venue over such action.
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