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TERMS & CONDITIONS

 

OVERVIEW

 

Welcome to the JOMASHOP INC. Websites, which include but are not limited to www.jomashop.comwww.facebook.com/JomaShop, twitter.com/jomashop (individually a “Website,” and collectively “Websites”). These Terms & Conditions (“Terms”) apply to the Websites or any Website, owned or operated by JOMASHOP INC or its affiliates or subsidiaries (collectively “Jomashop,” “we,” “us,” “our”), that link to these Terms, as well as to the services offered by Jomashop, including this Website and any other features, content, services, or applications offered from time to time by Jomashop in connection with the Websites (collective, the “Services”).

 

Jomashop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you (i) acknowledge that you have read, understood, and agreed to be bound by these Terms and that you agree to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and (iii) consent to jurisdiction in the State of New York, County of Kings, with respect to any dispute.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  

YOU MAY NOT USE ANY OF THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN JOMASHOP’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).   YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN JOMASHOP’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

 

We may change, modify, add or remove portions of these Terms at any time to reflect the changes in our business and practices. You should review this Website periodically as any changes will become effective immediately upon being posted, unless we indicate otherwise in an electronic notification to you. If you object to any changes, you may close your account or discontinue use of our Websites. Continuing to use our Websites and/or Services after we publish changes to these Terms means that you are consenting to the changes. See contact information below for questions or concerns regarding these Terms.

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – OWNERSHIP

 

Jomashop and/or its’ designees (collectively, the “Jomashop Parties”) are the owners or licensees of all content and materials on the Websites (“Website Content”) and of all related intellectual property rights, including, without limitation, all copyrights, trade secrets, moral rights, trademark rights and patent rights. Website Content includes, without limitation all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Website, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Website. Website Content does not include Your Content, as that term is defined below.

 

You do not acquire any ownership interests in any Website Content by accessing, browsing or otherwise using the Website. You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations to another party for any reason, without notice to or consent from you, under these Terms.

 

SECTION 4 - INTELLECTUAL PROPERTY

 

The trademarks used in connection with Jomashop’s business and/or displayed on this Website are owned by Jomashop and Jomashop Parties are protected by U.S. federal trademark laws and various international laws. These trademarks may include, among others, our logos/designs, marks and slogans. You may not use or register, or otherwise claim rights in any Jomashop trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of this Website, including the text, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. Jomashop and Jomashop Parties is proud of its strong brands and the value of the goodwill it has built in its trademarks. As such, Jomashop actively enforces its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited. Jomashop’s trademarks or copyrights, and those of its affiliates, may only be used with express written permission may be revoked at any time.

 

SECTION 5 - YOUR USE AND YOUR CONTENT; LICENSE GRANT; RIGHT TO MONITOR AND EDITORIAL CONTROL

 

You may access, browse and use the Websites and Website Content only for your use on a computer, mobile phone or other Internet-compatible device to enable you to use the Websites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website Content, except:

 

  • As expressly authorized by Jomashop in writing; 
  • To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
  • To print or download one copy of a reasonable number of pages of the Websites for your personal, non-commercial use and not for further reproduction, publication or distribution;
  • To share the Websites or updates of the Websites, or to link to a reasonable number of pages of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.
     
     

If you wish to make any use of the materials on the Websites other than that set forth in this Section, please address your request to: info@jomashop.com.


 

Certain features of our Websites may allow you to post, upload, transmit or submit certain materials, content, information or ideas (“Your Content”). Except for your user information required to be provided in connection with your account, we do not ask for, nor do we wish to receive, any confidential, secret or proprietary information from you through the Websites, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITES.

 

We are not responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Websites, or through the Website’s Services or features, by its users, and we are not responsible for any such materials. You are solely responsible and liable for Your Content.
 

However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or Services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

 

SECTION 6 - YOUR REGISTRATION AND YOUR USER INFORMATION

 

Some of the Services on our Websites are only available if you register to create an account. When any of the Services on the Websites require you to register with us or otherwise provide user information, you must complete the registration process by providing us with complete and accurate information. You grant Jomashop, and other Jomashop Parties with whom we share your information, the right to use, store, monitor, retrieve and transmit your account and user information in connection with the operations of the Websites. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

 

You are solely responsible for maintaining the confidentiality of your personal and account information. You are also solely responsible for any and all activities that occur under your account and to maintain the completeness and accuracy of your user information, and any loss caused by your failure to do so is your responsibility. You must notify us immediately of any suspected or actual unauthorized use of your account or user information, and of any and all other security breaches. Please refer to your Privacy Policy for contact information.

 

We reserve the right to terminate your account or to refuse Services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will, in appropriate circumstances, permanently terminate your account registration and remove Your Content or user information from the Websites. You have the right to cancel your registration at any time. You may cancel your registration by following the instructions on the Websites.

 

If you voluntarily terminate your account registration or allow it to lapse, you may reactivate it at any time through the account interface on our Websites. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.

 

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 8 - PRODUCTS OR SERVICES 

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Some aspects of the Websites may require you to pay a fee or other charge, the details of which are available in various areas of the Websites that feature the ability to purchase products, features or Services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, Services or features offered through the Websites at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your account may be closed without warning or notice at our sole discretion.

 

EXCEPT AS OTHERWISE SET FORTH IN OUR SHIPPING, RETURN OR CANCELLATION POLICIES APPLICABLE TO OUR PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.

 

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Websites.

 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 10 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

SECTION 11 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. These third parties and their websites are not under our control and we are not responsible for their content or operation.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.   

SECTION 12 - WARRANTY DISCLAIMERS

 

We administer, control and operate the Websites from our offices in the State of New York. The Websites are accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites and Website Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. If you choose to access, browse or use the Websites, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Websites to any person and geographic area. Any offer for any feature or function made on the Websites is void where prohibited.

 

The Websites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Websites.

 

Some Website Content is provided by the users of the Websites. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Website content. We do not independently verify the representations and warranties made by the users with respect to such Website content.

 

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Websites or any of Website Content. We are not liable for any errors, omissions, or inaccurate Website Content.

 

THE WEBSITES, WEBSITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, WEBSITE CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, CYBER ATTACKS, HACKING, MALWARE OR OTHER SECURITY INTRUSIONS, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITES OR YOUR DOWNLOADING OF THE WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE WEBSITES.

 

SECTION 13 - COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we ask that users of the Websites do the same. If you believe that anything on any of our Websites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:

 

Asher C. Gulko, Esq.
 GULKO SCHWED LLP
 525 Chestnut Street

Suite 207
 Cedarhurst, NY 11516
(212) 500-1312
asher@gulkoschwed.com

 

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain 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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website, and/or your account, password or use of any Service.

 

In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

 

SECTION 15 - PROHIBITED CONDUCT

 

You warrant and agree that, while accessing or using our Websites, you will not:
 

  • Misrepresent your age;
  • Use an inappropriate username or screen name;
  • Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Websites, the Jomashop Parties or otherwise affiliated with us;
  • Use the Websites to advocate the use of controlled substances or the use of products or Services offered or promoted on the Websites in connection with controlled substances;
  • Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;
  • Solicit passwords or personal information for commercial or unlawful purposes from other users;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Websites through any means, including through means not intentionally made publicly available or provided through the Websites;
  • Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Websites, or obtaining lists of users or other information from or through the Websites, including, without limitation, any information residing on any server or database connected to the Websites;
  • Use the Websites or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Websites or interfere with any other party’s use and enjoyment of the Websites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
  • Use the Websites or its Services in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
  • Use the Websites or its Services in violation of any applicable law;
  • Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Websites or its Services;
  • Post, transmit, publish or otherwise disseminate through the Websites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of any of the Jomashop Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; and/or
  • Encourage or enable any other individual to do any of the foregoing.

 

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth above, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 – PRODUCT DISCLAIMER, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

THE LAWFUL AND PROPER USE OF ANY PRODUCT OR ACCESSORY IS A REQUIRED CONDITION OF SALE. BY PURCHASING ANY PRODUCT OFFERED BY JOMASHOP, YOU ARE REPRESENTING THAT OU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING PRODUCT LITERATURE. THE IMPROPER USE OF A PRODUCT MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF ANY PRODUCT COULD SUBJECT YOU TO FINES, PENALTIES AND/OR IMPRISONMENT UNDER STATE AND FEDERAL LAW.
 

THE INFORMATION CONTAINED IN THIS DISCLAIMER AND ANY OTHER CAUTIONARY INSTRUCTIONS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED WITH ANY PRODUCT SOLD ON THE JOMASHOP WEBSITES WAS DEVELOPED FOR INFORMATIONAL PURPOSES ONLY. IN NO WAY IS ANY OF THE INFORMATION CONTAINED IN THIS DISCLAIMER OR OTHER DOCUMENTATION INTENDED TO BE A MEDICAL OR PRESCRIPTIVE GUIDE. NEITHER THE MANUFACTURER NOR THE SELLER, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR SHAREHOLDERS, OF ANY PRODUCTS OFFERED FOR SALE ON THE WEBSITE IS RESPONSIBLE FOR THE MISUSE OF SUCH PRODUCTS. YOU AND ANY OTHER USER OF SUCH PRODUCTS ARE SOLELY RESPONSIBLE FOR THE CORRECT USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF SUCH USE.
 

IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL THE JOMASHOP PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL THE JOMASHOP PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE JOMASHOP PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITES OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITES DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100), WHICHEVER IS GREATER.

 

SECTION 18 – INDEMNIFICATION

 

You will indemnify, defend and hold harmless Jomashop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement), made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

SECTION 19 – SEVERABILITY

 

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Capitalized words shall have the meaning provided in these Terms, Privacy Policy or other policies applicable to the Services and Websites.

 

Our failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures.
 

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

 

SECTION 22 - GOVERNING LAW

 

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.

SECTION 23 - DISPUTE RESOLUTION

 

(A) Arbitration. You agree that any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning your use of the Websites, these Terms, our Privacy Policy and all matters relating to your access to, and/or use of, the Websites, including the products or Services you purchase from us (or from any advertising for any such products or Services) will, at the demand of either party, be resolved by confidential binding arbitration. Arbitration includes but is not limited to: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, subsidiaries, affiliates, successors, assignees, employees, and agents; and (iv) Claims regarding our products or Services, sale or return of and/or issue any refund or (v) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. 

 

YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION PROVISION, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

 

(B) Notice. The party seeking relief under these Terms must first notify the other party of the dispute in writing at least 60 days in advance of initiating any action or dispute resolution. Notices to Jomashop should be sent to Jomashop, Attention: Legal Department; 140 58th Street #3b, Brooklyn, NY 11220. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. We may direct any Notices to you at (a) the mailing address or e-mail address that you most recently provided to us; or (b) a publicly-listed address for you. You and we will use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or we may commence arbitration. 

 

Your provision of notice is an express condition precedent to initiating any form of legal action or credit card dispute. In the event that you fail to provide the required foregoing notice, you shall be precluded from commencement of any legal action. 

 

(C) Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this provision, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA. For more information, see adr.org or call 1-800-778-7879. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to this binding arbitration provision. The arbitration shall be conducted in Kings County, New York. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute. In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.

 

(D) Costs. The party initiating the arbitration will pay the initial filing fee. All other fees and costs will be allocated in accordance with the Arbitration Rules. Each party will bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

 

(E) Severability. If any term or section of this provision is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or section of this arbitration provision and will be eliminated to the minimum extent necessary. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the other provisions of these Terms; provided, however, that (i) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration provision will be null and void; and (ii) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration provision will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.

 

WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR FROM ANY PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS. THIS PARAGRAPH IN NO WAY INVALIDATES THE PROVISION TO ARBITRATE DISPUTES.

 

SECTION 24 - CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

SECTION 25 - CONTESTS AND SWEEPSTAKES

The specific rules and terms that apply to all contests or sweepstakes conducted by our websites, can be found at the link for the contests or sweepstakes. Your participation in the contests or sweepstakes is subject to those rules and terms.

 

SECTION 26 - EMPLOYMENT OPPORTUNITIES

 

Jomashop may, from time to time, post-employment opportunities on the Websites and/or invite users to submit resumes to the Websites. Nothing in these Terms or contained in the Websites shall constitute a promise by Jomashop to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms or contained in the Websites constitute a promise that Jomashop will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.

 

SECTION 27 - USERS OUTSIDE OF THE UNITED STATES

 

Your information, including Personal Information, collected through our Websites is stored and processed in the United States or any other country in which our service providers maintain facilities. If you live outside the United States (including in the European Union, Switzerland or the United Kingdom) or other regions with laws governing data collection and use that may differ from U.S. law, and you use the Services or provide us with Personal Information directly via the Websites, you do so on your own initiative and are responsible for compliance with United States federal, state, and local laws. Your information will be handled in accordance with our Privacy Policy and this Terms. The laws of the United States also will govern the processing of your Personal Information, including any obligations of security and third-party information sharing. By using the Services or giving us your information, you consent to the transfer of information to the U.S. or any other country in which Jomashop’s service providers maintain facilities and to the use and disclosure of information about you as described in this Policy. PLEASE NOTE THAT THE DATA PROTECTION AND PRIVACY LAWS OF THE UNITED STATES MAY NOT BE AS PROTECTIVE AS THE LAWS IN YOUR COUNTRY. IN PARTICULAR, IT SHOULD BE NOTED THAT OUR WEBSITES PLACE COOKIES AND LOCAL SHARED OBJECTS ON YOUR COMPUTER OR DEVICE AS DESCRIBED IN THIS PRIVACY POLICY, AND OUR PRACTICES MAY NOT COMPLY WITH YOUR COUNTRY’S COOKIE LAWS.

 

SECTION 28 - LINKING TO THE WEBSITE

You agree that if you implement a link to any of our Websites (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Website. You may not link directly to any Website Content by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Website, or any page of the Website, to be ”framed”, surrounded or obfuscated by any third-party content, materials or branding. You may not include a link to any aspect of the Websites in an email for commercial purposes, without the express written permission of Jomashop. You may inquire about obtaining permission by writing at:

 

  • Mail: 140 58th St #3b, Brooklyn, NY 11220
  • Email: info@jomashop.com

We may, at any time and for any or no reason, require that any link to any of our Websites be discontinued and removed and revoke your right to link to our Websites.

 

SECTION 29 - CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@jomashop.com.