JJ Winks, LLC (“we,” “our,” “us”) provides this interactive website located at
https://jjwinks.com (this “Site”) to enable our users to access information about and to purchase our products and services. This page states the terms and conditions under which you may use this Site (this “Agreement”). Unless otherwise speciﬁed in this Agreement, each and all of the terms of this Agreement apply to you whether you are a “Visitor” (meaning you browse or make a purchase on this Site) or a “Subscriber” (meaning you have registered an account on this Site). Please read this Agreement carefully. This Site, its content, and any products or services offered through this Site are the “Services.”
1. Binding Agreement
This Agreement is a legally binding agreement. By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Services in any way, you have agreed to each and all of the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use the Services and leave this Site immediately.
We reserve the right to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately;
therefore, please check these terms periodically for changes. Your continued use of this Site following the posting of changes to this Agreement will mean you accept those changes.
The content on this Site is not directed to persons under the age of 13. If you are under the age of 13, you may not use this site without the consent of your parent or guardian. If you are under the age of 13 and wish to use this Site, you may request permission by sending an e-mail to: customerservice@JJwinks.com
3. Prohibited Activities
a. Prohibited Uses
We impose certain restrictions on your use of the Services (“Prohibited Uses”). Prohibited Uses include but are not limited to the following:
(1) Attempting to impersonate another user or person;
(2) Causing or attempting to cause us to lose (in whole or in part) the services of our internet
service providers or other suppliers.
(3) Engaging in any criminal or tortious activity in connection with your use of this Site.
(4) Harvesting or scraping any content from this Site;
(5) Recording, mining or processing information about other users;
(6) Using any information obtained from this Site in order to harass, abuse, or harm another person;
(7) Using any robot, spider, other automatic device, or manual process to monitor or copy this Site or the contents or information contained therein without our prior express written consent.
(8) Interfering or attempting to interfere with any function of this Site.
(9) Violating or attempting to violate any security features of this Site.
b. Prohibited Content
Certain content shall not be submitted to s through this Site (“Prohibited Content”). We reserve the right to terminate the receipt or transmission of any Prohibited Content, and, if applicable, to delete, edit or disable any Prohibited Content that we receive. Prohibited Content includes, but is not limited to, content that:
(1) is patently oﬀensive and promotes racism, bigotry, or hatred;
(2) is libelous, defamatory, obscene, or pornographic;
(3) advocates or encourages conduct that could constitute a criminal oﬀense, give rise to civil liability, or otherwise violate an applicable law or regulation;
(4) is used for advertising purposes or otherwise solicits funds, or solicits goods or
(5) solicits personal information from anyone under 18, or
(6) is likely to cause harm to our web servers, oﬃce computers, or any other computer system;
(7) violates any third party’s rights, including any breach of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(8) harasses or advocates harassment of another person;
(9) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or communications.
4. Subscriber Accounts
Users may create an account on this Site in order to facilitate the purchase of our products, earn rewards and to receive information about our products and services (“Subscribers”). Subscribers will create a password to be used for logging in to the account.
a. Protecting Your Password
Each Subscriber may only have one account with us. We will treat anyone who uses your password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. You
agree to maintain your password in confidence, and to refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your participation on our Site. You must notify us immediately if you suspect that someone is using your password in this manner.
c. Registration Information
If you register as a Subscriber, you represent and warrant that the information you provide to us is accurate, truthful, and complete, and that you will keep your registration information accurate and up-to-date.
d. Subscriber Disputes
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
5. Ordering Products or Services
Your submission of an order to us on our Site constitutes an oﬀer to purchase. Your oﬀer to purchase shall not be considered as accepted by us unless and until we send you written acknowledgment (such as an e-mail conﬁrmation) of your order.
We will use our best eﬀorts to provide accurate information regarding the price, availability, and features of our products and services (the “Product Information”). However, the Product Information may contain omissions or inaccuracies. We reserve the right to correct any errors in the Product Information, and to make any other changes to the Product Information, at any time without any prior notice to you. We also reserves the right to discontinue the sale of any product listed on this Site.
6. User-Submitted Content and Communications
With respect to any content you submit to us through this Site (the “User Content”), whether as a Subscriber or Visitor, you represent and warrant at all times that: (i) you own such User Content or otherwise have the right to grant us a license to use such content, (ii) submission of such User Content to us does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of such User Content to us does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You
agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you to us.
You grant to us irrevocable perpetual license to use the User Content, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, license, translate and reform such User Content. Such license shall be valid worldwide, fully-paid and royalty-free (meaning we are not required to pay you for any User Content yousubmit), and sublicensable (meaning we may provide the User Content for use by others. You also grant each user of this Site a non-exclusive license to access your User Content through this Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, and display such User Content in connection with their use of this Site. You acknowledge that other users of this Site vices may download your User Content and that we shall not be responsible or liable for any damage, loss or harm resulting from such download of your User Content.
You agree we may remove any User Content that violates this Agreement, or that might be offensive, illegal, or violate the rights of, harm, or threaten the safety of users or others. You understand that any User Content removed by you or us may persist as archived copies until such copies are overwritten or destroyed in the normal course of our business and may remain with users who have previously accessed or downloaded User Content.
You acknowledge that transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us no confidential, fiduciary, contractually implied or other relationship is created between you and us other than this Agreement.
7. Third-Party Links and Content
This Site may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Site, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. Third-party websites may, from time to time, publish
hyperlinks that redirect users to this Site. We currently impose no restrictions on hyperlinks directed to this Site. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party
site or third-party content.
8. Intellectual Property Policy
We own or have the license to use the intellectual property rights in this Site’s contents (the “Site Material”), including, but not limited to, the text, graphics, and images on this Site. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.
We grant you a limited, revocable, and non-transferrable license to view and download a single copy of this Site Material, to the extent necessary for you to access this Site. Otherwise, this Site Material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or
legend appearing on any of this Site Material. Neither title nor intellectual property rights are transferred to you by your access to this Site.
10. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without respect to any conﬂict of laws principles.
11. Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and us arising out of this Agreement or your use of our website, the parties agree to submit the dispute to binding arbitration in Los Angeles County, California before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any
portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does
not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.
You hereby indemnify, defend and hold us and each of our owners, partners, subsidiaries, affiliates and their respective officers, directors, agents, contractors, subcontractors, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of your (i) breach of this Agreement or (ii) your negligence or willful misconduct.
13. Disclaimer of Warranties
WE DO NOT WARRANT THAT THIS SITE OR THE SERVICES, CONTENT, SITE
MATERIAL, PRODUCT INFORMATION OR FUNCTIONS CONTAINED IN THIS SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE.
14. Limitation of Our Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH YOUR USE OF THIS SITE.
If you have any questions, please contact us.