Terms and Conditions
Last Updated August 28, 2011
The Jessicurl Web site at www.Jessicurl.com (the "Site") is a
copyrighted work belonging to Jessicurl, LLC ("Jessicurl"). Jessicurl
grants you the right to use the Site subject to the terms and conditions
of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE
CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE
FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THIS SITE.
LICENSE
Subject to these
Terms of Use, Jessicurl grants you a limited, royalty-free license to
view the materials contained on the Site (the "Materials") and make such
copies only as may be incidentally created during your exercise of the
foregoing through the normal operation of a commercially available web
browser and a gateway cache and proxy obtaining the Materials from the Jessicurl server. You are not granted any right to use Jessicurl
trademarks, logos, trade dress (including without limitation the layout
of the Site) or other marks, and all such items shall remain the
exclusive property of Jessicurl.
SECURED AREAS
Your use of any
areas of the Site secured by a user name/login screen ("Secured Areas"),
including but not limited to purchases of products from the Site, is
governed by the terms and conditions of a separate agreement. You are
granted no rights or licenses to use the Secured Areas under this
Agreement.
SUBMISSIONS
All remarks, suggestions, ideas,
graphics, data, resumes, questions or other information communicated to Jessicurl through the Site, by facsimile or through the mail (electronic
or otherwise) (a "Submission") will forever be the property of Jessicurl.
Unless otherwise specified in our Privacy Policy, Jessicurl will not
treat any Submission as confidential or proprietary and will not be
liable for the use of any ideas for its business (including, without
limitation, service or promotion ideas) and will not incur any liability
as a result of any similarities that may appear in future Jessicurl
services or operations. Without limitation, Jessicurl will have exclusive
ownership of all present and future existing rights to the Submission
for any commercial or other purpose whatsoever, without compensation to
you or any other person sending the Submission. You acknowledge that you
are responsible for whatever material you submit, and you, not Jessicurl , have full responsibility for the Submission, including its
legality, reliability, appropriateness, originality, and copyright.
MODIFICATION
Jessicurl reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site or any part thereof
with or without notice. You agree that Jessicurl will not be liable to
you or to any third party for any modification, suspension, or
discontinuance of the Site.
SITE USE RULES
Our Site may only
be used for lawful purposes. Jessicurl specifically prohibits any use of
our Site, and all users agree not to use our Site, for any of the
following:
- Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
- Posting of any material that defames, harasses, threatens,
embarrasses, or abuses others; is racially or ethically offensive; or is
obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone,
but especially to children;
- Deleting or revising any material posted by any other person or entity;
- If you have a password allowing access to a non-public area of our
Site, disclosing to or sharing your password with any third parties or
using your password for any unauthorized purpose;
- Harming minors in any way;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
- Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
REGISTRATION AND PASSWORDS
If you register on our Site, you agree
to provide accurate and complete information about yourself and to
maintain and update such information so it remains accurate and complete
following registration. Failure to provide accurate and complete
information or to update such information shall be adequate grounds for
us to either suspend or terminate your account.
Upon completing
the registration process, you will receive a password and user name. You
are responsible for maintaining the confidentiality of your password
and user name and are responsible for any activities that occur under
your password and user name.
ACCURACY OF CONTENT AND PRICING INFORMATION
Because
prices, product descriptions and availability can change quickly, Jessicurl does not warrant the accuracy or completeness of the
information provided on the Site. Also, Jessicurl may make changes to the
information contained herein, including to the products and prices
described in the site, at any time, without prior notice to you.
Information at this Site is periodically updated, but it may not be
current or complete at the moment you visit this Site and may contain
errors or inaccuracies. In no event shall Jessicurl be liable to you in
any manner whatsoever for any decision made by you, or for any act or
failure to act by you, in reliance upon information provided at this
Site.
Items in your shopping bag will reflect the most recent
price displayed on the item's product detail page. Placing items in
your cart does not reserve the current prices shown at that time, and
prices are reserved only by placing an order. From time to time, despite
our efforts, a small number of the items in our catalog may be
mispriced. Please note that such errors or inaccuracies may be related
to product descriptions, pricing and availability. In the event of a
pricing error, Jessicurl will take one of the following options: (1) If
an item's correct price is lower than our stated price, we will charge
the lower amount and ship you the item; or (2) if an item's correct
price is higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel your order
and notify you of such cancellation. We apologize for any
inconvenience. If you are not satisfied with your purchase due to any
errors or inaccuracies, you may return it in accordance with our return
procedure. Discounts are limited-time offers and are not valid with
other offers.
COPYRIGHT
The Site and the Materials are
copyrighted works of Jessicurl. Neither the Site nor the Materials may be
reproduced, displayed, modified or adapted, distributed or transmitted
in any form by any means (including, but not limited to, electronic
duplication or transmission) without the prior written permission of Jessicurl .
LIMITATION OF LIABILITY
IN NO EVENT SHALL JESSICURL
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JESSICURL HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. JESSICURL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND
CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR
OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
AMENDMENT
Jessicurl may at any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions, and you
should periodically visit this page of the Site to examine the
then-current Terms of Use by which you are bound. Certain provisions of
these Terms of Use may be superseded by expressly designated legal
notices or terms located on particular pages of this Site.
NOTICE
If you have any questions about these Terms of Use or our Privacy Policy, you may contact Jessicurl at:
Jessicurl, LLC
5610 West End Rd. #113
Arcata, CA 95521
888-537-7428
GENERAL
If
any provision of these Terms of Use is held by a court of competent
jurisdiction to be unenforceable for any reason, the remaining
provisions hereof shall be unaffected and remain in full force and
effect. These Terms of Use shall for all purposes be governed by and
interpreted in accordance with the laws of the State of California as
those laws are applied to contracts entered into and to be performed
entirely in California, without regard to conflicts of law provisions.
Any suit or proceeding arising out of or relating to these Terms of Use
shall be commenced exclusively in state or federal court in Humboldt
County, California, and you irrevocably submit to the exclusive
jurisdiction and venue of such courts.
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