Justin Alexander Ecommerce Terms & Conditions

Effective 04/17/2014

INTRODUCTION

These general terms and conditions of use ("Terms of Use") govern your use of this website (www.justinalexanderbridal.com®) (the "Site"). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

 

This website is owned and operated by Justin Alexander, Inc. and its subsidiaries and affiliates (collectively "Justin Alexander"). Justin Alexander, Inc. may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

This Site presents information, content, products and services (collectively, "Content") that is owned exclusively or licensed by Justin Alexander. When used in these Terms of Use, "we" and "our" mean Justin Alexander, Inc.  and "you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.

 

SKETCH PROGRAM

The Justin Alexander Original Designer Sketch Program (henceforth referred to as the "Sketch Program" and "sketches") is a direct Justin Alexander selling program for brides, families, friends, shops, consumers, and any interested party (henceforth known as "the customer") to purchase a sketch of a Justin Alexander Bridal gown. 

The purpose of the Sketch Program is to provide any customer with an original, hand drawn sketch of a dress style from a Justin Alexander Designer. Bearing the request or order from the customer, the sketch will be matted to a frame.  

All sketches are made to order, based on the dress style and frame (or no frame) requested. 

SKETCH PROGRAM EXCHANGE, CANCELLATION, AND RETURN POLICY

As every original Justin Alexander Designer sketch is made to order, including the frame option, exchanges are not permitted. 

If for some reason you decide that you do not want to order the sketch, you can cancel within one week (7 days) from the time you submitted your order. A 15% cancellation fee applies (not sure if we want to include this, I figured 15% for what would be 15 minutes of Jose's time). 

If Justin Alexander, Inc. makes a mistake on your order, we will make it right by replacing the item that was incorrect (whether that be sketch style or frame style). 

No returns or exchanges outside of an incorrect style or frame will be accepted after one week. 

SKETCH PROGRAM APPEARANCE DISCLAIMER

As every original Justin Alexander Designer sketch is made to order, including the frame option, the sketch may differ from the sketch that appears in the Justin Alexander Online Shopping Portal

ADDITIONAL TERMS

Justin Alexander, Inc. offers the ability to access and use certain Content, for purchase, licensing, subscription or other payment-based arrangement through portions of this Site and other Justin Alexander, Inc.  websites. We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to Justin Alexander, Inc. products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with Justin Alexander, your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.

YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT

When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless Justin Alexander, Inc. for losses incurred by Justin Alexander, Inc. or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

YOUR RESPONSIBILITY FOR SECURITY

Justin Alexander, Inc. assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

DO NOT RELY ON THIS SITE FOR YOUR FINANCIAL DECISIONS

The Content on this Site is for convenience and information purposes only. You should verify all Content provided through this Site before you make decisions. Unless otherwise specified, nothing on this Site constitutes an offer to sell or buy any product. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering any advice including tax, legal, investment, or accounting advice. The posting of any information on this Site is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

OWNERSHIP AND USE OF CONTENT

All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, , rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by Justin Alexander. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. Justin Alexander, Inc. reserves the right to terminate at any time your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.

OWNERSHIP AND USE OF TRADEMARKS

The trademarks and service marks "Justin Alexander”, and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) ("JA Trademarks") displayed on the Site are owned by Justin Alexander. Other proprietary Justin Alexander, Inc. marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of JA Trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by JA in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by Justin Alexander.

LINKS

This Site may contain links to third-party websites. Justin Alexander, Inc. does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Justin Alexander, Inc. is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Justin Alexander, Inc. does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

AVAILABILITY

Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.

CONTENT POSTED BY YOU

The Site may contain various pages where you and other members may post content. You may only post content to the Site that you created or which the owner of the content has given you permission to post. You should carefully choose the information you post on the Site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site. You may not post or distribute content that is illegal or unlawful (including any defamatory, or obscene content or content that violates another party's right to privacy, right against publicity or puts such party in a false light), or that violates these Terms of Use. By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe upon any copyright or any other intellectual property right of a third party, nor violates any other rights of a third party (including a third party's right to privacy, right against publicity or puts such party in a false light nor violates any law or regulation.

All information, ideas, suggestions, or other communications you submit to Justin Alexander, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant Justin Alexander, Inc. the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, Justin Alexander, Inc. does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Justin Alexander, Inc. owns all right, title, and interest in any compilation, collective work or other derivative work created by Justin Alexander, Inc. using or incorporating content posted to the Site.

CONTENT POSTED BY OTHER USERS

Justin Alexander, Inc. is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall Justin Alexander, Inc. be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Justin Alexander, Inc. or click on the "Report Inappropriate Content" link on the Site. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

ACTIVITIES PROHIBITED ON THE SITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Justin Alexander, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Justin Alexander's sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:

·       Using the Site for any purpose in violation of local, state, national, or international laws;

·       Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

·       Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Justin Alexander, Inc. in its sole discretion or pursuant to local community standards. However, Justin Alexander, Inc. takes no responsibility for monitoring such content or in evaluating it;

·       Posting advertisements or solicitations of business;

·       After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

·       Posting chain letters or pyramid schemes;

·       Impersonating another person;

·       Distributing viruses or other harmful computer code;

·       Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;

·       Allowing any other person or entity to use your identification for posting or viewing comments;

·       Posting the same note more than once or "spamming";

·       Harassing, threatening, stalking, or abusing any person; or

·       Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Justin Alexander, exposes Justin Alexander, Inc. or any of its customers or suppliers to any liability or detriment of any type.

         Justin Alexander, Inc. reserves the right, but is not obligated, to do any or all of the following:

·       Record the dialogue or content posted on any pages of the Site;

·       Investigate an allegation that anything posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;

·       Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;

·       Terminate a user's access to the Site upon any breach of these Terms of Use;

·       Monitor, edit, or disclose any posting on the Site; and

·       Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

ADDITIONAL INFORMATION

All information, other than personal information subject to Justin Alexander's Privacy Policy, submitted to Justin Alexander, Inc. through this Site or any related Justin Alexander, Inc. Site is the property of Justin Alexander. Justin Alexander, Inc. is free to use any ideas, concepts, know-how or techniques that you may submit to Justin Alexander, Inc. through this Site for any purpose, including but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in Justin Alexander's Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

CHANGES

Justin Alexander, Inc. reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

PRIVACY

You may review Justin Alexander's Privacy Policy at http://www.justinalexanderbridal.com.

CHILDREN

This Site does not intend to market any Justin Alexander, Inc. products or services to children under thirteen (13) years of age. Justin Alexander, Inc. does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS

All Content and any oral information provided by Justin Alexander, Inc. executives that relates to Justin Alexander's future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.

GOVERNING LAW

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Illinois, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of Illinois, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

WARRANTIES

Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. Justin Alexander, Inc. assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTIN ALEXANDER, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Justin Alexander, Inc. makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Justin Alexander, Inc. cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Justin Alexander, Inc. cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. Justin Alexander, Inc. cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Justin Alexander, Inc. does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

LIMITATION OF LIABILITY

JUSTIN ALEXANDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH JUSTIN ALEXANDER, INC. IS TO DISCONTINUE YOUR USE OF THE SITE. JUSTIN ALEXANDER, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF JUSTIN ALEXANDER, INC. HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, JUSTIN ALEXANDER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.