Website Terms of Service
LAST MODIFIED: 11/29/2016
Welcome to Jessie’s Nutty Cups, LLC’s ("Company", "we", "us", or "our") website. Please read this Website User Agreement (this “Agreement”) carefully before using the Services (as defined below) of the www.jessiesnuttycups.com website and other Company-owned or controlled websites (collectively, the “Sites”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND THE RELATED SERVICES, CONTENT OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITES (collectively, “Services”).
By accessing or using the Services, (1) you acknowledge that you have read, understand and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Company may update or revise this Agreement. You agree to review this Agreement periodically. Except as otherwise expressly stated by Company, any use of the Services is subject to the version of his Agreement in effect at the time of use. Please note that Company’s return policy and the terms and conditions related to the availability of products and authorized payment methods are not the subject of this Agreement but are instead set forth separately on Company’s website.
GENERAL TERMS AND CONDITIONS
Unless otherwise noted, the products and Services on the Sites are intended for personal, non-commercial purposes only. You agree to use the Sites only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws.
INTELLECTUAL PROPERTY RIGHTS
The Sites, and all of its contents, including without limitation, text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, graphics and button icons, (collectively “Proprietary Material”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Company or by other parties that have provided rights thereto to Company.
You may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process. Modification of the Materials appearing on the Sites or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Company’s designated agent (as noted below). ALL INQUIRIES NOT RELEVANT TO THIS PROVISION WILL NOT RECEIVE A RESPONSE.
Our designated agent to receive notifications of claimed infringement is: Jessie’s Nutty Cups, LLC, ℅ United States Corporation Agents, Inc., 7014 13th Avenue, Suite 202, Brooklyn, NY 11228. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act (“DACCA”), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.
CONDUCT WITHIN PUBLIC AREAS OF SITE.
The Sites may contain bulletin boards, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other users of the Sites (the "Public Areas"). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Areas. Company has no obligation to monitor the Public Areas, provided, however, Company reserves the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason and in our sole discretion. Company reserves the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications posted in the Public Areas by other users are not controlled or endorsed by Company, and such communications shall not be considered reviewed, screened or approved by Company. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their respective authors. Company specifically disclaims any liability with regard to the Public Areas and any actions resulting from a user’s participation in any Public Areas.
You acknowledge and agree that your communications with other users via the Public Area or otherwise is public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, COMPANY STRONGLY ENCOURAGES YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT 4816-6083-5133.3 YOURSELF THROUGH THE PUBLIC AREAS. You grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, in the promotion of Company or the Sites, any content that you post on or in connection with a Public Area, including, without limitation, the posting of such content on Company’s social media accounts.
TERMS OF SALE OF PRODUCTS
A. Orders. You agree to purchase the products that you order when you click on the SUBMIT or similar button on the product order screens. The terms of your agreement include the information you submit through the various order screens as well as this Agreement.
B. Product Availability; Order Acceptance/Confirmation. The products described on the Sites may or may not be available in all states, countries or regions of the world. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Company reserves the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If your order is rejected, Company will generally attempt to notify you using the e-mail address you provided when you placed the order. The estimated leads times noted on the Sites are in business days (Monday through Friday, excluding federal holidays). Quoted shipping days are estimates only.
C. Pricing Errors. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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 cancelled, Company will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
D. Sales Tax Policy. Because Company does business in various jurisdictions and collects and remits sales tax as required by law, the Company Sites also collect and remit sales tax as appropriate. In addition to the price of your purchases, Company will charge you applicable sales, use, excise or other taxes or any customs or duties based on your shipping address and the sales tax rate in effect at the time your order is billed. If you have tax-exempt status, you will be required to provide your state tax-exempt certification prior to purchase. Please note: Company reserves the right not to sell to resellers.
E. Paying for Your Order. Payment for products ordered through the Sites must be made by one of the credit or debit cards or other payment methods identified on the order screen. With respect to purchases made with your credit or debit card, Company 4816-6083-5133.3 will obtain card authorization approval immediately after it accepts the order but will not charge your credit or debit card until your order is shipped. If you chose a future delivery date, your credit card may be reauthorized if necessary and charged at shipment of product. If your credit or debit card is rejected when Company charges it, Company is not obligated to ship any products to you. Company will contact you by e-mail or any other reasonable means to advise you that the credit or debit card has been rejected. Please contact your card issuer for more information.
F. Shipping. Any shipment discrepancies must be reported by Company within five (5) days of receipt of delivery. Company shall not be liable for or deemed to be in default by reason of any failure to deliver the products, or any delay in delivery due to any preference, priority, allocation or allotment order issued by any governmental body or any other cause beyond its control, including, but not limited to, acts of God or a public enemy, terrorism, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, lockouts, inability to obtain materials or shipping space on terms deemed reasonable by Company, delays of carriers or suppliers, freight embargoes, unusually severe weather conditions and delays of any subcontractor.
G. Product Warranty; Disclaimer. Company guarantees the quality and freshness of its products. If you are not fully satisfied with a product for any reason, Company will gladly replace it (or, if for any reason Company cannot replace it, Company will refund your purchase price.) Please save the unused portion of the product and its packaging and contact us. EXCEPT FOR THE FOREGOING, COMPANY MAKES NO EXPRESS GUARANTEES OR WARRANTIES ABOUT ANY PRODUCT SOLD BY COMPANY AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT AUTHORIZE ANYONE TO MAKE A GUARANTEE OR WARRANTY OF ANY KIND ON ITS BEHALF.
H. Limitation of Liability Respecting Products. If you are not satisfied with any Company product that you purchase through the Sites, your sole legal remedy is to have Company send a replacement or a refund as described above. YOU AGREE THAT NEITHER COMPANY NOR ANY OF ITS EMPLOYEES OR OTHER REPRESENTATIVES ARE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCTS IN EXCESS OF THE PRICE YOU PAID FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
The Sites may contain links to third party sites, such as those for our advertisers and sponsors, that are not owned or operated by Company. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you 4816-6083-5133.3 or any other person or entity for any loss or damage arising from or occasioned by the creation of use of the third party sites or the information or material accessed through these third party sites.
VISITORS TO THE SITES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITES IS AT THEIR OWN SOLE RISK. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITES; AND (ii) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY RESPECTING THE SITE
COMPANY IS NOT LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES OR ANY CONTENT OT OTHER MATERIALS EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OF FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the ability of the controversy, dispute, demand, count, claim, or cause of action to be arbitrated) between you and Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association's (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the Rules and Procedures”).
To the fullest extent permitted by applicable law, you and Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and in such instance, the fees and costs awarded shall be determined by the applicable law.
We control and operate the Sites from our offices in the State of New York, United States of America. We do not represent that materials on the Sites are appropriate of available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement is the entire agreement between you and Company with respect to the Sites, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this agreement, and neither party has any authority of any kind to bind the other in any respect.