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Terms & Conditions


Welcome to the Jonteblu (“we”, “us”, or “our”) web site.  Your use of this Site (the “Site”) constitutes your acknowledgement that you (“your” and/or “user” and “users”) have read, understand, and are in agreement with our Terms and Conditions. These Terms and Conditions apply to jonteblu.com and set forth the legally binding terms and conditions for your use of this Site, the related Services, features, content, apps, widgets offered or any purchases you make via the Site.

These Terms and Conditions apply to all users of our Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site.  Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use.  Please read these Terms & Conditions in full before using this Site. 

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; and (d) will only provide us with your true, accurate, current and complete information if you register for an account and/or place orders.

If you do not agree with this Site’s Terms & Conditions, do not continue to use this Site or seek its Services.

Privacy

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. Our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement and by using this Site, you agree to the terms of our Privacy Policy.

Authorized Use

Unless otherwise noted, the products and Services on the Site, and any samples thereof that we may provide to you, are intended for personal, non-commercial use only. We strictly prohibit all other uses, including but not limited to the duplication, copy, reproduction, sale, resale, use, access, or additional exploitation of all material from this Site for any commercial reasons and purposes.

Prohibited Activities

You may not use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, algorithm, program or process to access, copy or monitor any portion of the Site of its Content to attempt to obtain any materials, documents or information. You may not attempt to gain unauthorized access to any feature of the Site, to our servers, or to any Services offered through the Site by any illegitimate means not authorized by the Site.

Purchases and Transactions

All purchase and transactions made through our Site are subject to our acceptance in our sole discretion. We reserve the right to refuse to accept or may cancel any purchase or transaction, whether confirmed or not, for any reason or for no reason at all.

 Accuracy of Information

While we attempt to maintain a high level of accuracy and reliability when describing our products on the Site, we do not guarantee that product descriptions, colors, information or other content accessible on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted and a purchase has been made) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.  You access the Site at your own risk.

Intellectual Property Rights

The content of this Site is protected by applicable copyright laws in the United States and other countries. As such, use of this Site and this Company’s Services confers no intellectual property rights on you. All logos, trademarks, trade names, and service marks (referred to collectively as ‘Trademarks’) used and displayed on this Site are Trademarks of Jonteblu, whether registered and unregistered. Unless otherwise permitted by Jonteblu in writing, use of Trademarks in a manner which does not conform to these guidelines without the written permission of the Site is strictly prohibited.

Your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases. However, in order to access and use certain parts of the Site, you may need to register an account with us. When you set up an account, you are required to provide your name and email address, and you must select a password (collectively, your “Account Information”). You may not transfer to or share your Account Information with any third parties. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. By registering an account with us, you agree to accept responsibility for all activities, including transactions and purchases, that occur under your account, username and/or password. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is you or your representative who is accessing the Site and Services. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. You may cancel your account with us at any time contacting us by emailing us at: corporate@jonteblu.com and clearly stating your request. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual's authorization, and to not register for an account on behalf of any group or entity.      

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

User Content

We welcome user comments, information and submissions.  When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content" or “Content”) on the Site, you are entirely responsible for such User Content. You acknowledge that you are responsible for any Content you may submit via the Site, including the legality, appropriateness, originality and copyright of any such Content. You may not upload or publish via the Site any content that is confidential, proprietary, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or infringes on the intellectual property rights of others. You may not upload any Content that may contain software viruses, political campaigning, that may encourage a criminal offense, or is in any form “spam.” You may not upload any commercial Content onto the Site.  

Subject to our Privacy Policy, all Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site.  You also hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.

You acknowledge that we have the right, but not the obligation, in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. We reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our website, please contact us by email at: corporate@jonteblu.com clearly stating your request and including the following information: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide this information to us.   Please allow up to ten (10) business days to process your User Content deletion request.

Events

You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Event(s) is at your own risk. You acknowledge and agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

Third Party Links

This Site may contain links to other websites, some of which may be owner and/or operated by us and others which may be operated by third parties (“Third Party Sites”). This may include links contained in advertisements on our Site such as sponsored links. Following Third Party Sites links found on this Site is done at your own risk. Inclusion of third party links on this Site does not constitute Jonetblu’s recommendation for or endorsement of their products and Services. These links are intended for convenience and reference and this Site is not responsible for content, information, software, or any other materials made available on third party sites.

Indemnification

Use of this Site constitutes an Agreement to hold this Company, our affiliates, our respective officers, directors, employees, contractors, agents, licensors, third party service providers, successors and assigns blameless against any and all liability, expenses, loss, damages, actions, suits, claims, and proceedings, including, without limitation, reasonable attorneys’ fees and relevant costs, resulting from or related to any cause of action, allegation, claim or involving, without limitation, Your use of the Site or the Site’s content, your violation of any terms contained herein and in our Privacy Policy, and for your unauthorized or unlawful use of this Site and/or this Company’s Services.

Disputes and Resolution

Any and all disputes originating from or related to your use and/ or access to this Site and its Services in which you deem this Site to have liability is governed by the state of California. Disputes will be settled exclusively and finally by arbitration according to the effective commercial arbitration rules of the American Arbitration Association at the time of the dispute in Los Angeles County, California. The arbitrator shall have the power and authority to award damages connected with all Disputes which may not exceed actual compensatory damages and shall not multiply actual damages or award consequential, exemplary, or punitive damages. In addition, each party irrevocably waives any claim thereto. Any award shall be conclusive,final, and binding. An arbitration agreement should not be understood as an agreement to the consolidation or joinder of an arbitration under this Agreement with an arbitration of claims or disputes of any non-party, regardless of the nature of the disputes.

You agree that any and all disputes between you and this Site will be resolved through arbitration. As a result, you forego your right to assert or defend your rights or go to court. You also agree to waive your right to be part of or originate a class action suit. Your applicable rights will be decided by neutral arbitrators, not by a court of law, judge, or jury. By using this Company’s Site and Services, you agree to these restrictions and conditions. If the arbitration provisions contained herein become unenforceable or inapplicable, or in the event of any lawsuit between you and this Company or its Site, you agree fully that jurisdiction of this and any suit shall rest exclusively in the federal and state courts in California. You also fully agree that any actions or claim related to use of this Site or this Company’s Services must be filed within one (1) year after the said action, cause, or claim. You agree that any actions and claims you may have that are not brought within this one (1) year time limitation are waived by you.

Disclaimer

YOU AGREE THAT YOUR USE OF OUR SITE AND ITS CONTENT AND ANY OTHER SERVICES WE MAY PROVIDE IN CONNECTIO WITH THE SITE IS DONE AT YOUR OWN RISK. THE SITE IS PRESENTED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS ALSO DONE AT YOUR OWN SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO OUR SITE OR ANY PART OF OUR SITE AT ANY TIME FOR ANY REASON.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED, UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITE; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED THIRD PARTY SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.  IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. YOU ACCESS THE SIT AT YOUR OWN RISK.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES SUCH AS LOST PROFIT OR LOSS OF DATA, ARISING OUT OR OR IN ANY WAY IN CONNECTION TO YOUR USE OF OUR SITE, THIS AGREEMENT, YOUR INABILITY TO USE THE SITE, ANY CONTENT ON OUR SIE OR SERVICE MADE AVAILABLE ON THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

Modification

We retain the right to modify our Terms & Conditions or to add additional terms and conditions at any time without prior notice to you. Notification of modifications and/ or additions will be clearly posted on this Site where we deem it to be appropriate. All modifications and additions are effective immediately. If you disagree with any modified or additional terms and conditions, please terminate your use of this Site and our Services.

Notices

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at corporate@jonteblu.com and discontinue your use of this Site.

 

These Terms and Conditions were last updated on 02/10/2017.

 

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