TERMS OF SERVICE
Attention Customers Outside the U.S.:
By agreeing with the Terms and Conditions, you acknowledge your responsibility for paying any costs associated with importing your order, including any taxes, fees and/or duties, in addition to the shipping charge. Import fees will be billed to you by FedEx, a FedEx subsidiary, or any 3rd party contractor fulfilling your shipment. The listed shipping cost covers the cost of shipping and brokerage only. Please note that all sales are final, and we do not offer exchanges or refunds for international orders, including orders for which you are unable or unwilling to pay the additional duties and taxes which your government requires.international orders
Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website.
JayOz Inc Merch reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.
1.1 Purchases. Certain products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by JayOz Inc Merch or an authorized third party on JayOz Inc Merch’s behalf to supply certain PII, including without limitation, your full name, address and credit card information. You agree to provide JayOz Inc Merch or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
1.2 Payment. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order, in which case this Agreement and all of our obligations hereunder shall terminate.
1.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Website. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.
1.4 Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Website; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. Furthermore, we do not warrant that any Registrant Content describing products appearing on the Website is correct, accurate, complete, reliable, current or error-free. Please do not rely on such Content in determining whether to purchase a particular item. If a product offered through the Website is not as described by us, your sole remedy is to return it unused as in accordance with Section 1.5.
1.5 Returns. If you have purchased a product offered through the Website that you wish to return to us, please email us at firstname.lastname@example.org
2.1 Copyright. Any Content appearing on the Website is the property of JayOz Inc Merch or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.
2.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of JayOz Inc Merch or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits JayOz Inc Merch.
2.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JayOz Inc Merch actual knowledge of facts or circumstances from which infringing material or acts are evident. JayOz Inc Merch's copyright agent for notice of claims of copyright infringement can be reached as follows:
We suggest that you consult your legal advisor before filing a notice with JayOz Inc Merch’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
JayOz Inc Merch and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that JayOz Inc Merch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
DISCLAIMER OF WARRANTIES. VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. JAYOZ INC MERCH MAKES NO GUARANTY AS TO THE ACCURACY, CORRECTNESS OR COMPLETENESS OF: (I) ANY CONTENT (INCLUDING WITHOUT LIMITATION PRODUCT DESCRIPTIONS AND/OR PRICING) APPEARING ON THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF; (II) ANY FAILURES, DELAYS OR INTERRUPTIONS WITH RESPECT TO THE ORDERING OF AND DELIVERY OF PRODUCTS ORDERED BY YOU; (III) LOSSES OR DAMAGES ARISING FROM THE USE OF CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; (IV) ANY CONDUCT BY REGISTRANTS OR VISITORS; OR (V) ANY PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ALL PRODUCTS ORDERED THROUGH THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARACA MERCH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, ARACA MERCH DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY.5.1 IN NO EVENT SHALL JAYOZ INC MERCH BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS ACQUIRED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. JAYOZ INC MERCH’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE AMOUNT PAID BY YOU FOR THE PRODUCTS ACQUIRED THROUGH THE WEBSITE BY YOU WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.
6.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold JayOz Inc Merch harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that JayOz Inc Merch shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Commercial Use. You acknowledge and agree that the Website is for the personal use of Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and JayOZ Inc Merch by this Agreement.
Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of California. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by JayOz Inc, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com