Terms of service

OVERVIEW

This website is operated by JJ Acquisition LLC, doing business as JimmyJane ("JimmyJane", "we", "us", or "our"). Throughout these Terms of Service, "JimmyJane", "we", "us", and "our" refer to JJ Acquisition LLC. JimmyJane offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit https://jimmyjane.com/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see https://jimmyjane.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall JimmyJane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless JimmyJane and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@jimmyjane.com.

Our contact information is posted below:

JimmyJane
8521 Fallbrook Avenue, Ste. 380
West Hills, California 91304
United States
Email: admin@jimmyjane.com
Website: https://www.jimmyjane.com
Privacy Policy: https://jimmyjane.com/policies/privacy-policy
Refund Policy: https://jimmyjane.com/policies/refund-policy

SECTION 21 - MOBILE MESSAGING TERMS AND CONDITIONS

These Mobile Messaging Terms supplement these Terms of Service and apply only to users who enroll in JimmyJane's SMS Messaging Program.

21.1 The SMS/Text Message Program

The JimmyJane SMS Messaging Program (the "Messaging Program" or "Service") allows you to receive recurring text messages from and on behalf of JimmyJane at the mobile number you provide. Your enrollment in and use of the Messaging Program constitutes your agreement to these Mobile Messaging Terms, which supplement and are incorporated into these Terms of Service. We may modify, suspend, or cancel the Messaging Program, or any of its features, at any time without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time, and your continued participation in the Messaging Program following the effective date of any such changes constitutes your acceptance of those changes.

21.2 Consent

By providing your mobile number and opting in to the Messaging Program—whether through an online form, at checkout, by texting a keyword to our designated short code, or by any other enrollment method we make available—you consent to receive recurring automated marketing and transactional text messages from and on behalf of JimmyJane at the mobile number you provided, even if that number is registered on any state or federal Do Not Call list. Messages may be sent using an automatic telephone dialing system or other technology.

You understand that you are not required to enroll in the Messaging Program as a condition of purchasing any goods or services from JimmyJane, and that your consent is not a condition of any purchase. Your participation in the Messaging Program is entirely voluntary.

21.3 Message Frequency

The number of messages you receive will vary depending on your activity, the promotions we are running, and your interactions with us. By enrolling, you acknowledge that message frequency may vary.

21.4 Message and Data Rates

We do not charge you to participate in the Messaging Program, but message and data rates may apply. You are solely responsible for any and all charges and fees imposed by your wireless carrier in connection with text messages you send or receive, including charges associated with the Messaging Program. Please consult your wireless plan and contact your wireless carrier for pricing details.

21.5 Transactional Messaging

Transactional and service-related messages may include order confirmations, shipping and delivery updates, account alerts, customer care communications, and other information relating to a transaction you have initiated or an account you maintain with us.

21.6 Marketing Messaging

Promotional and marketing messages may include product announcements, sales, special offers, discounts, and other marketing communications.

21.7 Shopping Cart Reminders

If you add items to your online shopping cart and provide your mobile number without completing your purchase, and you have consented to receive marketing messages, you may receive one or more text messages reminding you of the items remaining in your cart. You may opt out of these and all other marketing messages at any time as described below.

21.8 How to Opt Out (STOP)

You may opt out of the Messaging Program at any time. To cancel, reply STOP to any message you receive from us, or where available, click the unsubscribe link in any text message. After you send the STOP request, we will send you a one-time confirmation message acknowledging your opt-out, after which you will no longer receive text messages from us unless you re-enroll. If you have subscribed to other JimmyJane mobile message programs and wish to cancel them, you will need to opt out separately from each program by following the instructions provided in their respective terms, except where applicable law requires otherwise.

21.9 How to Get Help (HELP)

For help or support with the Messaging Program at any time, reply HELP to any message you receive from us, or email us at admin@jimmyjane.com.

21.10 Changes to Short Codes and Telephone Numbers

We may change any short code or telephone number we use to operate the Messaging Program at any time, and we will notify you of these changes where required. You acknowledge that any messages, including any STOP or HELP requests, that you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

21.11 Wireless Carrier Disclaimer

The wireless carriers supported by the Messaging Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you acquire a new mobile number, you will need to re-enroll in the Messaging Program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for any failed, delayed, or misdirected delivery of any information sent through the Messaging Program, for any errors in such information, or for any action you may or may not take in reliance on the information or the Service.

21.12 Privacy

We respect your right to privacy. To understand how we collect, use, and disclose the personal information associated with your participation in the Messaging Program, please review our Privacy Policy at https://jimmyjane.com/policies/privacy-policy

21.13 Contact

For questions about these Mobile Messaging Terms or the Messaging Program, contact us at:

JimmyJane
8521 Fallbrook Avenue, Ste. 380
West Hills, California 91304
United States
Email: admin@jimmyjane.com

SECTION 22 - PROMOTIONAL COMMUNICATIONS, ADVERTISING, AND CONSUMER PRIVACY CHOICES

You have the following choices regarding how we and third parties use certain information collected from or about you.

22.1 Opt-Out from Promotional Communications

You may opt out of receiving promotional communications from JimmyJane by clicking the "unsubscribe" link in a particular promotional communication. To opt out of promotional text messages, see the Mobile Messaging Terms in Section 21. Please note that you cannot opt out of receiving all communications from JimmyJane, including administrative messages, service announcements, and messages regarding the terms and conditions of your account, because those may contain important information.

22.2 Opt-Out from Push Notifications

You can choose to receive push notifications from JimmyJane on your device. If you do not wish to receive push notifications, you can use your device's settings to disable them.

22.3 Opt-Out from Third-Party Online Behavioral or Interest-Based Advertising

Some of the third parties that collect information from or about you on the Site to provide more relevant advertising to you on websites participate in the DAA Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more and to make choices about the use of your information for online behavioral advertising on websites, please visit https://optout.aboutads.info. Please note that if you opt out of online behavioral advertising using this method, this opt-out will only apply to the specific browser or device from which you opt out.

22.4 Network Advertising Initiative (NAI) Opt-Out

In addition, some of the advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of interest-based advertising delivered by each of its member companies. If you would like to obtain more information about interest-based advertising and the NAI, and make choices about how your data is used on websites, please visit https://optout.networkadvertising.org. Please note that if you opt out of interest-based advertising using this method, this opt-out will only apply to the specific browser or device from which you opt out.

22.5 Do Not Track

There is currently no consensus among industry participants on what "Do Not Track" means or how to respond to "Do Not Track" browser signals. As such, we do not respond to such signals. Instead, to opt out of website-based third-party interest-based or online behavioral advertising, please exercise one of the choices listed above.

22.6 Opt-Out from Collection of Precise Location Data from Your Mobile Device

You can opt out of our collection of precise location data from your mobile device in your device settings. For example, on an iOS device, you can turn off "Location Services" for the applications in your device's settings. Please note that by opting out of our collection of precise location data, your access to the Site on your mobile device may be limited, depending on your mobile device's subscription plan.

22.7 Additional Choices for California Residents

If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of personal information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by JimmyJane and the third party). If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send us a letter at the following address:

JJ Acquisition LLC
8521 Fallbrook Avenue, Ste. 380
West Hills, CA 91304
United States
Attn: CA Resident Privacy Inquiry

22.8 Security and Account Access

We employ a range of physical, technical, and administrative measures to safeguard the information in our possession against loss, theft, unauthorized use, disclosure, and modification. Despite these efforts, please note that there is always a possibility that a breach in data transmission or storage may occur. We want you to feel confident in our security when using the Site. Still, we cannot guarantee the security of any information about you 100% of the time. Please refer to the U.S. Federal Trade Commission's website for details on how to protect yourself from identity theft.