TERMS OF SERVICE
Welcome to JustFabulous! This Web site located at www.justfab.com (this “Site”) is owned and operated by JustFabulous, Inc. (“Company”). By using this Site, you accept the following terms of service (“Terms”) so please read the Terms carefully. These “Terms” shall supplement and include the terms of the JustFabulous VIP membership program. Those terms are incorporated by reference. Please review those terms as well as these in order to make informed consumer decisions regarding this Site and our services. By continuing your membership with the JustFabulous VIP membership program, you accept and agree to these Terms. If you do not wish to be bound to these Terms, please do not use this Site or the Company’s services.
You must be at least 18 years old to purchase products from this Site. The Company reserves the right in its discretion to revise the Terms from time to time so please check them periodically. If you do not agree with these Terms, please immediately discontinue use of this Site.
YOUR USE OF THIS SITE
Your use of this Site for any illegal or unauthorized purpose is expressly prohibited. In consideration of your use of this Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or the Company has reasonable grounds to suspect that you have provided information that is untrue, inaccurate, not current or incomplete, Company has the right to suspend and refuse any and all current or future access by you to this Site or any portion thereof. Furthermore, if Company has any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behavior while using this Site, Company may suspend and refuse any and all current or future access by you to this Site or any portion thereof and may also refuse to honor any credits or other earned benefits.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. The following sections shall survive any termination of these Terms: Copyright, Indemnification, Disclaimer of Warranties, Limitation of Liability, and General.
This Site may be linked to other Web sites. You acknowledge and agree that Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that Company 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 use of or reliance on any such content, goods or services available on or through any such Web site.
Prices, descriptions and availability of products on this Site are subject to change without notice. Errors may be corrected when discovered, and Company reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Company does not guarantee that information displayed on the Site is 100% accurate.
This Site and all content contained therein, unless specifically identified elsewhere on this Site, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned by Company and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without Company’s prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose is prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
Copyright © 2010-11 JustFabulous, Inc. All rights reserved.
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. Every time you sign in through your Account, you acknowledge and accept that your use of the Site is in compliance with these Terms and Company shall have no obligation to investigate the authorization or source of any such use of the Site. You shall notify Company immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
You agree that Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the extent permissible to do so in the jurisdiction where the arbitration is held and (if applicable) the jurisdiction where the parties’ obligation to arbitrate claims under these Terms is enforced, both you and Company waive the right to bring any covered claim under these Terms as a class action. In jurisdictions where this is permissible, the arbitrator will not have authority or jurisdiction to consolidate claims of different persons into one proceeding, nor shall the arbitrator have authority or jurisdiction to hear the arbitration as a class action.
In any jurisdiction where the class action waiver described above is not permitted by law or is not enforceable, the issue of whether to certify any alleged or putative class for a class action proceeding must be decided by a court of competent jurisdiction. The arbitrator will not have authority or jurisdiction to decide class certification issues. Until any class certification issues are decided by the court, all arbitration proceedings shall be stayed, and the arbitrator shall take no action with respect to the matter. However, once any issues regarding class certification have been decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class basis, as may be determined and directed by the court.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
Company may deliver notice to you by means of electronic mail, a general notice on the Site or by other reliable method.
Company may amend these Terms from time to time. Notice of any change to these Terms will be posted on this Site.