Terms and Conditions

Jenzy Terms of Use

 

Terms & Conditions

Please review the following terms and conditions ("Terms of Use") that govern your use and purchase of products (collectively, "Use") of the Jenzy App (the “App”). Your Use of our App constitutes your agreement to follow and be bound by the Terms of Use.

 

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

 

App Contents

This App, and the information, materials, documents, and graphics (collectively, the “Materials”) which it contains, is the property of Ackerley Horner, LLC (“Jenzy”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Jenzy authorizes you to view and download the Materials on this App for your information and personal use only. You may not modify the Materials on this App in any way; reproduce or transmit in any form, by any means; or publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided in these Terms. Any unauthorized use of the Materials for any purpose is strictly prohibited.

 

Jenzy possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Materials and the products or services described in the Materials. No use of any Jenzy trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of Jenzy, except to identify the products or services of Jenzy. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Jenzy. Company, product and service names mentioned in the site that are not owned by Jenzy are trademarks or service marks of their respective owners.



General Prohibitions

The App and the services provided therein (the “Services”) may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to: engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our App, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Jenzy using this App or otherwise (collectively, "Comments") are not confidential and will become and remain Jenzy’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Jenzy of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

The Contents are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the App. Unauthorized use of the Contents is expressly prohibited by law, and may result in civil and criminal penalties.

 

Assignment or License of Copyright

You own all of the content and information you upload to Jenzy. In addition: (1) For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give Jenzy (and those we work with) the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you upload, submit, store, send, or receive on or in connection with Jenzy (IP License). This IP License ends when you delete your IP content or your account; and (2) when you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time but will not be available to others.

 

Indemnification

You agree to indemnify, defend, and hold harmless Jenzy and any of its respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of or related to or in connection with your violation of these Terms.

 

Limitation of Liability

IN NO EVENT SHALL JENZY THEIR AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE STANDARD), WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT WILL JENZY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO JENZY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JENZY, AS APPLICABLE.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JENZY AND YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Disputes 
By using this App you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Jenzy through our App, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

 

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR JENZY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this App) using or related to the App, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Texas, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas.

 

Merchandise

The App may provide you with a recommendation for a certain product.  This recommendation is merely a suggestion and any purchase decision or use should be done using common sense.  Should the App recommend a product you do not think fits or suits you, you should always use your own judgment rather than the recommendation when making your decision.  Based on such recommendations, or on your individual initiative, you may wish to purchase items through the Jenzy service.  All third-party terms and conditions apply to these purchases, including return policies and shipping costs.  Merchandise availability on our App is not guaranteed as it may be low in stock or otherwise unavailable.

 

Product Information

The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

 

Site Policies, Modification and Severability

Please review our other policies posted on this App. These policies also govern your use of Jenzy services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

 

Effective Date 2/8/2018