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READ CAREFULLY. This Terms of Use Agreement ("Terms of
Use") applies to use of the JuliesXStitch.com website located at http://www.JuliesXStitch.com
(the "Site"). The Site is the property of Juland Technologies, inc..
Before you make any purchases, you must first establish a customer account ("My
Account"). BY CLICKING "CONTINUE," YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
Juland
Technologies, inc. reserves the right, at its sole discretion, to change,
add or remove portions of this Terms of Use, at any time. It is your
responsibility to check this Terms of Use each time before using the Site.
Your continued use of the Site following the posting of changes will mean
that you accept and agree to the changes. You agree that all
subsequent purchases by you will be subject to the terms and conditions of
this Terms of Use, which shall apply until we post a modified Terms of Use
and then in accordance with such modified Terms of Use. As long as
you comply with this Terms of Use and any such modifications, Juland
Technologies, inc. grants you ("End User") a personal, non-exclusive,
non-transferable, non-sublicensable, limited privilege to enter and use the
Site.
1. Content;
Copyright and Trademark Notice. All media (downloaded or samples), software, text,
images, graphics, user interfaces, music, videos, photographs, trademarks,
logos, artwork and other content on the Site (collectively, "Content"),
including but not limited to the design, selection, arrangement, and
coordination of such Content on the Site is owned or licensed by or to
Juland Technologies, inc., and is protected by copyright, trade dress, and
trademark laws, and various other intellectual property rights laws. Except
as expressly provided in this Terms of Use, no part of the Site and no
Content may be reproduced, recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly displayed, altered to
make new works, performed, digitized, compiled, translated or transmitted in
any way to any other computer, website or other medium or for any commercial
purpose, without Juland Technologies, inc.'s prior express written consent.
Except as expressly provided herein, you are not granted any rights or
license to patents, copyrights, trade secrets, trade dress, rights of
publicity or trademarks with respect to any of the Content, and Juland
Technologies, inc. reserves all rights not expressly granted hereunder.
Juland Technologies, inc. expressly disclaims all responsibility and
liability for uses by you of any Content obtained on or in connection with
the Site.
Custom
graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Juland Technologies, inc.. All other
trademarks or service marks are property of their respective owners. The use
of any Juland Technologies, inc. trademark or service mark without Juland
Technologies, inc.'s express written consent is strictly prohibited.
2.
Registration; Customer Accounts; Use of Site. Certain services offered on or through the
Site require you to first open a My Account. You are responsible for
maintaining the confidentiality of your My Account information, including
your password, and for all activity that occurs under your account. You
agree to notify Juland Technologies, inc. immediately of any unauthorized
use of your account or password, or any other breach of security. You may be
held liable for losses incurred by Juland Technologies, inc. or any other
user of the Site due to someone else using your password or customer
account. You may not use anyone else's password or customer account at any
time. You may not attempt to gain unauthorized access to the Site. Should
you attempt to do so, assist others in making such attempts, or distributing
instructions, software or tools for that purpose, then your customer My
Account will be terminated. You agree to provide us with accurate, current
and complete information about yourself and your billing information as
prompted by the registration process. You may update any of your My Account
information, designate a different credit card to be billed, or change the
applicable expiration date on your currently designated credit card, by
clicking on the My Account button and selecting the appropriate link. You
may not use any automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy, probe, test
or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or any of
the systems or networks comprising or connected to the Site.
You also agree
that Juland Technologies, inc. may, in its sole discretion and without prior
notice to you, terminate your access to the Site and your My Account for any
reason, including without limitation: (1) attempts to gain unauthorized
access to the Site or assistance to others' attempting to do so, (2)
overcoming software security features limiting use of or protecting any
Content, (3) discontinuance or material modification of the Site or any
service offered on or through the Site, (4) violations of this Terms of Use,
(5) failure to pay for purchases, (6) suspected or actual copyright
infringement, (7) unexpected operational difficulties, or (8) requests by
law enforcement or other government agencies. You agree that Juland
Technologies, inc. will not be liable to you or to any third party for
termination of your access to the Site.
3. Consent To
Collection, Use & Disclosure of Your Personal Information.
As more fully described in our Privacy Policy, you must disclose certain
Personally Identifiable Information to use our Site, register, and make
purchases. As a condition of registering with our Site or making any
purchases of any products and/or services or conduct any transactions, you
represent that you have first read our Privacy Policy and consent to the
collection, use and disclosure of your Personally Identifiable Information
and Non-Personally Identifiable Information as described in our Privacy
Policy. Our Privacy Policy's terms and conditions will change from time to
time, and as a condition of browsing the Site, using any features or making
any purchase, you agree that you will first review our Privacy Policy prior
to making any initial or subsequent purchases.
While Juland
Technologies, inc. takes reasonable steps to safeguard and to prevent
unauthorized access to your personal information, we cannot be responsible
for the acts of those who gain unauthorized access, and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access to
your private information. IN NO EVENT SHALL JULAND TECHNOLOGIES, INC. OR ITS
AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL
INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS
OF WHETHER JULAND TECHNOLOGIES, INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE
THAT DAMAGES WERE POSSIBLE.
4. Consent To
Our Communication With You By E-Mail. By establishing a My Account with
us, and each time you make a purchase through our Site, you grant permission
for Juland Technologies, inc. to contact you at your e-mail address.
5. Conditions
of Sale and Payment Terms.
To purchase any goods and/or services on our Site, you must (a) be at least
eighteen (18) years of age or the applicable state age of majority, (b) be a
natural person (no corporations, partnerships or other legal entities), and
(c) be a resident in the 50 states of the United States of America,
exclusive of its commonwealths, territories and possessions ("United
States"). Prior to the purchase of any goods or services on our Site,
you must provide us with a valid credit card number and associated payment
information including all of the following: (i) your name as it appears on
the card, (ii) your credit card number, (iii) the credit card type, (iv) the
date of expiration and (v) any activation numbers or codes needed to charge
your card. By submitting that information to us, you hereby agree that you
authorize us to charge your card at our convenience but within thirty (30)
days of credit card authorization. All sales of products and services are
final. All charges from those sales are nonrefundable.
6. Methods of
Payment, Credit Card Terms and Taxes. All payments must be made by VISA,
MasterCard, American Express, Discover, or PayPal (each of which may be
removed by Juland Technologies, inc. in its sole discretion). Unless
expressly set forth on the JuliesXStitch.com site, we do not accept any
other payment form. If we offer or accept any other form of payment, you
hereby agree to all restrictions, terms and conditions associated with such
additional form of payment. Your card issuer agreement governs your use of
your designated card, and you must refer to that agreement and not this
Terms of Use to determine your rights and liabilities as a cardholder. YOU,
AND NOT JULAND TECHNOLOGIES, INC., ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree
to pay all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges
were incurred. Unless you notify Juland Technologies, inc. of any
discrepancies within sixty (60) days after they first appear on your credit
card statement, you agree that they will be deemed accepted by you for all
purposes. If Juland Technologies, inc. does not receive payment from your
credit card issuer or its agent, you agree to pay all amounts due upon
demand by Juland Technologies, inc. or its agents. You are responsible for
paying any governmental taxes imposed on your purchases, including, but not
limited to, sales, use or value-added taxes. Juland Technologies, inc. shall
automatically charge and withhold the applicable sales tax for orders to be
delivered to addresses within
Nevada and any
other states or localities that it deems is required. Customers who
reverse their charge whether by mistake or on purpose are liable not only to
repay the original purchase amount due but also an additional $20 (twenty)
dollar chargeback fee.
7. Order
Acceptance Policy. Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. Juland Technologies, inc.
reserves the right at any time after receipt of your order to accept or
decline your order for any reason. Juland Technologies, inc. further
reserves the right any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any item.
Your order will be deemed accepted by Juland Technologies, inc. upon
shipment of products or performance of services that you have ordered, or
upon the completion of the license and delivery of a Digital Download, as
indicated by our servers. Title to goods passes to you upon delivery to the
common carrier. All orders placed over $1000.00 (U.S.)
must obtain pre-approval with an acceptable method of payment, as
established by our credit and fraud avoidance department. We may require
additional verifications or information before accepting any order. Juland
Technologies, inc. is a reseller to end users and does not accept orders
from resellers, exporters, wholesalers, any businesses of any kind or other
customers who intend to resell.
8. No
Responsibility To Sell Mispriced Products Or Services. Juland Technologies, inc. shall have
the right to refuse or cancel any orders placed for products and/or services
listed at an incorrect price, rebate or refund, or containing any other
incorrect information or typographical errors. Juland Technologies, inc.
shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is canceled, Juland
Technologies, inc. shall immediately issue a credit to your credit card
account in the amount of the charge.
9.
Modifications to Prices or Billing Terms. JULAND TECHNOLOGIES, INC. RESERVES THE RIGHT, AT ANY
TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES
SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY
TO YOU.
10. Price
Comparisons, "List Price" and "You Save".
Price comparisons may be made throughout the site to indicate the relative
savings amounts of our pricing. "LIST PRICE" is the suggested retail
price provided to us by our suppliers. We make no representation that a
substantial number of these products have been sold or offered for sale at
the list price. Actual retail prices in your area may be substantially
different. Because we sell our merchandise over the internet on a national
basis, it is not possible to know if our merchandise is sold at list price
in any particular location or at any particular time. "YOU SAVE"
reflects the difference between our price and the supplier provided list
price shown on our sites. Because the list price may be different than the
actual retail prices in your area, you may not actually realize a savings of
this amount and may want to make an exact comparison for yourself by
checking the prices of other internet or local retailers prior to making a
purchase.
11. Service
and Support for Goods Sold. All requests for technical service and support should be
made directly to the manufacturer in accordance with their terms and
conditions.
12.
Indemnification.
You agree to indemnify and hold harmless Juland Technologies, inc. and its
parents, sister companies, subsidiaries, affiliates, service providers,
other End Users, distributors, licensors, officers, directors and employees
from any claim or demand, including reasonable attorneys' fees, made by any
third party arising out of or related to your violation of this Terms of
Use, or your violation of any law, regulation or third-party right.
13. Disclaimer
of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS,
SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF
JULIESXSTITCH.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL
DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY
STATED HEREIN, JULAND TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING
TO OR REFERENCED BY THE JULIESXSTITCH.COM SITE, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY
OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE,
NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
14. LIMITATION
OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF
ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE,
AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN
NO EVENT SHALL JULAND TECHNOLOGIES, INC. OR ITS LICENSORS OR ANY OF THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR
INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS,
WITH THE DELAY OR INABILITY TO USE THE JULIESXSTITCH.COM SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
JULIESXSTITCH.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE EVEN IF JULAND TECHNOLOGIES, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS
OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT JULAND
TECHNOLOGIES, INC. SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO
JULAND TECHNOLOGIES, INC. BY END USER. ORDER INFORMATION SUCH AS BILLING OR
SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT
SHALL NOT BE THE RESPONSIBILITY OF JULAND TECHNOLOGIES, INC.. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF
WARRANTIES AND LIMITED REMEDIES SET
FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION
OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
15. Policy to
Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), Juland Technologies, inc. will terminate
the account of any customer, or vendor who uses his or her privileges to
unlawfully transmit copyrighted material without a license, valid defense or
fair use privilege to do so. After proper notification by the copyright
holder or its agent to the Juland Technologies, inc. and later confirmation
through court order or an admission by the customer that an account has been
an instrument of unlawful infringement, Juland Technologies, inc. will
terminate the infringing customer's account. Juland Technologies, inc. may
also in its sole discretion decide to terminate a customer's account
privileges prior to that time if it has good belief that infringement has in
fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Juland
Technologies, inc. has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. Juland Technologies, inc. respects the intellectual
property of others and we ask other to do the same. If you believe that your
copyright has been infringed through the Juland Technologies, inc. website,
please contact "Legal Department", via facsimile at (949) 389-2800, or mail
at:
Attn: Legal
Department, Juland Technologies, inc., 112 N Curry St., Carson City NV,
89703
Any written
notice describing the infringing activity must include the following
information:
1.
An electronic or physical signature of the person authorized to act on
behalf of the owner of an exclusive that is allegedly infringed;
2.
A description of the allegedly infringing work or material;
3.
A description of where the allegedly infringing material is located on the
site;
4.
Information reasonably sufficient to allow us to contact you, such as your
address, telephone number and e-mail address;
5.
A statement by you that you have a good faith belief that the disputed use
of the material is not authorized by the copyright or other proprietary
right owner, its agent, or the law; and
6.
A statement by you that the above information and notification is accurate,
and under penalty of perjury, that you are the copyright owner or authorized
to act on behalf of the owner whose exclusive right is allegedly infringed.
16. General.
No delay or failure to take action under this Terms of Use shall constitute
any waiver by Juland Technologies, inc. of any provision of this Terms of
Use. If any provision of this Terms of Use is invalid or unenforceable under
applicable law, it is, to that extent, deemed enforceable to the fullest
extent possible (and severable in the event such provision is completely
unenforceable) and the remaining provisions of this Terms of Use will
continue in full force and effect. This Terms of Use will bind and inure to
the benefit of Juland Technologies, inc.'s permitted successors and assigns.
One or more patents may apply to this Web site, including without
limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142. Any claim
under these Terms of Use must be brought within one (1) year after the cause
of action arises. This Terms of Use shall be governed by the laws of the
State of Nevada without regard to or application of any conflict of laws
provisions. You consent to the exclusive jurisdiction of the state and
federal courts sitting in Carson City, in the State of California. This
Terms of Use is personal to you and may not be transferred, assigned or
delegated to anyone. Any attempt by you to assign, transfer or delegate this
Terms of Use shall be null and void. Juland Technologies, inc. may freely
assign this Terms of Use without consent or notice. This Terms of Use
(including all documents expressly incorporated herein by reference,
including but not limited, to the relevant Usage Rules) constitutes the
complete and exclusive agreement between Juland Technologies, inc. and you
with respect to the subject matter hereof and supersedes all prior oral or
written understandings, communications or agreements not specifically
incorporated herein. |
