Terms of service.
These terms and conditions of use (the "Terms of Use") apply to the Janette Fashion J Maxi websites, including those sites located at www.janettefashion.com (collectively the "Site"). The Site is the property of WS BRAND INC. dba Janette Fashion J Maxi located at 1200 S San Pedro St #104 Los Angeles, CA 90015 ("Janette Fashion," "our," or we") and its licensors. By using the Site, you accept and are bound by these Terms of Use. If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these terms of use shall be so binding upon such entity. If you do not agree, do not use this Site.
Your Use of the Site:
You agree to abide by all applicable local, state, federal, and international laws, rules, treaties, conventions and regulations including but not limited to those governing intellectual property and privacy rights. As used in this section, all applicable privacy laws shall include the EU General Data Protection Regulation ("GDPR"), the law of any member state of the European Union, the UK Data Protection Legislation and any other applicable law. Copying, reproducing, advertising, uploading, selling, and otherwise using a product, item, description, design or image on the Site in violation or infringement of another party's legally protected trademark, copyright, likeness, publicity, privacy, patent, trade secret, or any other protected interest is strictly prohibited.
You may not post, link or upload (i) viruses or any material that is harmful to our Site or our user's computers; (ii) use any robot, spider, scraper or other automated means to access the Site for any purpose; (iii) post, link or upload objectionable content, in our sole discretion, to our community as a whole, including content that is obscene, indecent, defamatory, hateful or intolerant in nature; (iv) publish content that constitutes "junk mail", "spam", "phishing", unsolicited or bulk electronic communications, chain letters, or pyramid schemes; (v) export or re-export any janettefashion.com application or tool; (vi) reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of the Site or any Site content (including works covered by any copyrights, trademark, patent, or other intellectual property rights) that belongs to or is licensed to Janette Fashion J Maxi, or belongs to another Janette Fashion J Maxi user or to a third-party, except with prior express written permission of Janette Fashion J Maxi and/or any other party holding the right to license such use; (vii) commercialize any janettefashion.com application or any information or software associated with such application; (viii) harvest or otherwise collect information about users without their consent; or (ix) circumvent any technical measures Janette Fashion J Maxi uses to provide the services.
We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you.
You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any Janette Fashion J Maxi services, and to maintain and update this information to keep it accurate.
Links to other Sites:
The Site may contain links to third-party Web sites. Janette Fashion J Maxi is not responsible for and does not endorse the content of such third-party Web sites, or any information, products or materials found there, or any results that may be obtained from using them. You will need to make your own independent judgement regarding your interaction with any third-party Web sites. Your access of any third-party Web sites linked to our Site is entirely at your own risk. Janette Fashion J Maxi has no responsibility for any damages or injuries arising from your visits to third-party Web sites.
Accounts and Passwords:
You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or selected by you, and you shall be fully responsible for all activities that occur through any use of your password or accounts. You agree to notify Janette Fashion J Maxi immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our services. You may be held liable for losses incurred by Janette Fashion J Maxi or any other user of or visitor to the Site due to someone else using your password or accounts as a result of your failing to keep your account information secure and confidential. You must be of adult age to use or become a member of this site. No user, subscriber or member may be under the age of 18 years of age.
Privacy:
Janette Fashion J Maxi’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Janette Fashion J Maxi Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Amendments:
These Terms of Use may be changed by Janette Fashion J Maxi any time, it is your responsibility to check these Terms of Use periodically for changes before accessing, using, selling or purchasing any products or services through our Site. The latest version of these Terms of Use will be posted on the Site and it is our sole discretion to change without prior notice. Your continued use of the Site after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes.
Pricing for Products and Services:
In the event a product or service is listed at an incorrect price or with incorrect information, Janette Fashion J Maxi reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted.
Janette Fashion J Maxi Checkout Terms of Service:
The below Janette Fashion J Maxi Checkout Terms of Service apply when you use the Janette Fashion J Maxi Checkout service (powered by Stripe) for purchases of products or services on the Site.
The Janette Fashion J Maxi Checkout service is technology that makes it easier for vendors on the Site ("Vendors") to collect payment. Janette Fashion J Maxi Checkout service also makes it easy for you to store a credit card or debit card ("Payment Credentials") with Janette Fashion J Maxi for use across the Web sites. When you checkout on Janette Fashion J Maxi, we will ask you if you would like us to remember you. When you allow us to remember you, Janette Fashion J Maxi (powered by Stripe) will store certain identifying information, such as a password, your email address, or your mobile phone number ("Stripe Credentials"), and your Payment Credentials. The advantage of providing such information is that it will make your checkout quicker and easier if you come back to the same Web site, or to any of the other Web sites that use Janette Fashion J Maxi (a "Checkout Enabled Site"). This can be especially handy when you are on a mobile device or do not have your credit card in front of you.
Janette Fashion J Maxi Checkout service is a way of storing your Payment Credentials, but it does not change anything about your relationship with Janette Fashion J Maxi or your bank or credit card company. You are ultimately responsible for the purchases you make using Janette Fashion J Maxi. Also, Janette Fashion J Maxi is responsible for providing you with the products or services that you purchase using Janette Fashion J Maxi Checkout service. Janette Fashion J Maxi will use all reasonable efforts to keep your Payment Credentials secure. When using the Janette Fashion J Maxi Checkout service, you are purchasing products or services from Janette Fashion J Maxi. Representations made to you regarding product or shipping cost or prices are the representations of Janette Fashion J Maxi. If you want to delete your Payment Credentials, stop storing information using Janette Fashion J Maxi Checkout, or otherwise please contact info@janettefashion.com.
You hereby acknowledge and agree that you shall not hold Janette Fashion J Maxi liable for any vendor activities on the Site, and that you do and will hold Janette Fashion J Maxi harmless for any fees, costs, or expenses charged to or sought from you by a vendor (or any other party), including, but not limited to, shipping costs, as a result of your use of the FashionGo Checkout service ("Costs").
You acknowledge and agree that by using the Janette Fashion J Maxi Checkout service, either Janette Fashion J Maxi will thereafter be determining and charging you a not-yet-known or an as-yet-to-be-finalized shipping fee, after checkout, in addition to the price of the order quoted at the time of checkout. You agree that you will hold Janette Fashion J Maxi harmless with respect to the final shipping costs as a separate invoice, resulting to an additional charge to your order after it is placed, and any and all associated Costs resulting from such determination.
You shall have no more than seven (7) days from your receipt of any order shipped or caused to be shipped by Janette Fashion J Maxi to you to reject such order based upon shipping costs or order variance, provided, however, all purchased items in any given order must be returned, with boxes unopened and with products in their original packaging, within seven (7) days from your receipt of the order. Furthermore, you shall be solely responsible for all return shipping costs.
Your purchase order amount may differ from the final invoice amount due to variances in the inventory conditions of ordered items and different shipping methods used by vendors. If all items are in-stock, vendors will add shipping charges to your ordered amount to calculate the final invoice amount and process the order without sending a separate notification. If some items in your order are out-of-stock, your purchase order will be split into multiple orders and processed separately. If some items in your order previously marked as "in-stock" are unable to be fulfilled by the vendor, the status of those items may be changed to "Not Fulfilled." You will then be notified via message and email of such change in status. If you do not confirm the updated status within three (3) days, the order may be cancelled. Janette Fashion J Maxi will charge the shipping fee and process your order with additional notification, provided.
Return/Refund:
When making purchases on the Site and using the Janette Fashion J Maxi Checkout service, you are purchasing products from Janette Fashion J Maxi. Representations made to you regarding return/refund policy are the representations of Janette Fashion J Maxi. You have 30 days to request a return or refund for any unopened and undamaged goods. This includes any smells, wrinkles, rips or anything that is not in the original condition. Janette Fashion J Maxi will notify the customer once the request is placed, who will be in charge of the return expense.
Intellectual Property, Copyright, Trademark and Disclaimer Notices:
The content of our Site including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content are all property of Janette Fashion J Maxi and its business partners and others that have granted Janette Fashion J Maxi the right and license to use it, and is protected by all applicable law concerning copyright, trademark, and other proprietary rights. All trademarks and trade names used on our Site are proprietary to Janette Fashion J Maxi, its business partners, or others. The “JanetteFashion.com" marks are registered trademarks of WS BRAND INC.
Site content may not be used except as provided in these Terms of Use, and no portion of the content may be reprinted, republished, or distributed in any form without the express written consent of Janette Fashion J Maxi and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, distribute, license or create derivative works of the content of the Site or any portion thereof. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice.
Copyright Infringement Claims:
Janette Fashion J Maxi respects the intellectual property of others and has taken steps to be compliant with the "safe harbor" provisions of the Digital Millennium Copyright Act ("DMCA"). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.
As required under Title 17, Section 512 (c)(3)(A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
Identification and description of the copyrighted work(s) claimed to have been infringed upon;
Identification and description of the material on our Site that is claimed to be infringing;
Information sufficient to permit us to locate the material on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
Information reasonably sufficient to enable us to contact you, the complaining party (Address, telephone number, and e-mail address);
A statement that you have a good faith belief that use of the infringing material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of copyright infringement, including all the above information must be submitted to:
info@janettefashion.com. Janette Fashion J Maxi is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c)(3)(A) of the DMCA.
Upon our receipt of a valid claim, in which all required information is provided, Janette Fashion J Maxi will undertake to have the disputed material removed from public view. We will also notify the subscriber who posted the allegedly infringing material of the removal, and may take any other measures required or allowed by applicable law.
No Warranties:
You assume total responsibility and risk when you use our Site. Our Site and services are provided on an "as is" and "as available" basis. You understand that Janette Fashion J Maxi does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information.
Janette Fashion J Maxi does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our Site, its contents, or any services provided through our Site.
Limitation and Disclaimer of Liability:
Except where prohibited by law, in no event will WS BRAND INC., Janette Fashion J Maxi, JanetteFashion.com Janette Fashion J Maxi’s officers, directors, shareholders, successors, and permitted assigns be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits even if we have been notified of the possibility of such damages. Janette Fashion J Maxi assumes no risk or responsibility for your use of, or inability to use, the Site and any content contained therein. If you are dissatisfied with the Site or any content on our Site, or with these Terms of Use, you only remedy is to cease using the Site. This disclaimer of liability also applies to any damages or injury caused by Janette Fashion J Maxi’s failure of performance, error, omission, interruption, deletion, defect, delay in operations or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
If, notwithstanding the other provisions of these Terms of Use, Janette Fashion J Maxi is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content on the Site, Janette Fashion J Maxi’s liability shall in no event exceed the greater of (1) the total of any fees for any service or product paid or collected in the six months prior to the date of the initial claim made against Janette Fashion J Maxi or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnification:
You will defend, indemnify and hold harmless, WS BRAND INC., Janettefashion.com and Janette Fashion J Maxi’s officers, directors, shareholders, successors, and permitted assigns ("Indemnified Parties") from and against all demands, loss, liability, claims, costs, suits, and damages, including attorneys' fees made against the Indemnified Parties by any third-party due to or arising out of or in connection with (i) your breach of these Terms of Use or the Agreements; (ii) your use of the Site and any of the services provided by Janette Fashion J Maxi, or your activities on or through JanetteFashion.com; (iii) any innocent, negligent, willful, dishonest, fraudulent or reckless acts or omissions of yours; (iv) any of your infringement of third-party intellectual property or proprietary rights, including by any products you sell or any content you provide or upload to our Site; (v) any breach of privacy by you or your customers or users; and (vi) the misuse of your password or account numbers. You agree that the remedies set forth in this subsection are in addition to any rights and remedies Janette Fashion J Maxi may have, all of which rights and remedies are expressly reserved.
Governing Law:
Except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the Janette Fashion J Maxi services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You and Janette Fashion J Maxi shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Terms of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by binding arbitration to be conducted in Los Angeles, California by the American Arbitration Association ("AAA"), under applicable AAA rules then-in-effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party's claims.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction.
Other Terms and Conditions:
Other terms (along with these Terms, the "Agreements") on the Site also govern your use of the Site and your relationship with Janette Fashion J Maxi, and they are herein incorporated by this reference, as applicable.
Notice:
Except as set forth in the Intellectual Property section above, any notice hereunder must be in writing to the address set forth above and will be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); or (iii) one (1) day after it is sent if by next day delivery by a major commercial delivery service, with a copy via electronic mail.
Social Network: Facebook, Twitter, and YouTube:
The Janette Fashion J Maxi ® Facebook, Twitter and Social Network pages are run and maintained by individuals from Janette Fashion J Maxi. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of Janette Fashion J Maxi.