Terms of use
Last updated: 03/22/2020
1. INTRODUCTION.
1.1. This Agreement forms a legally binding contract between you and JNRB STORE (hereinafter - "JNRB") and governs basic principles of your cooperation with JNRB while you visit or shop at jnrb.store ("JNRB Site") in connection with the foregoing (hereinafter – the "Services" / "JNRB Services").
1.2. This Agreement may contain references to other documents available at jnrb.store which may be an integral part of this Agreement.
1.3. If you want to use JNRB Services you have to accept this Agreement, JNRB Privacy Policy, JNRB Shipment Policy, JNRB Delivery Policy, Return Policy as well as any other documents, which may be published at jnrb.store.
2. ACCEPTING THIS TERMS OF USE.
2.1. In order to use the Services, you must first accept this Terms of Use as well as any respective documents, which are an integral part of this Agreement. You may not use the Services if you do not accept the foregoing documents.
2.2. Once you register an account at jnrb.store you agree to this Agreement.
2.3. You may not use the Services and may not accept this Terms of Use if you are a person barred from using the Services under the laws of the United States or other countries, including the country in which you are resident or from which you try to use the Services.
2.4. If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept this Agreement on behalf of your employer or other entity.
2.5. By using the Services, you agree that you will comply with all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to you as well as with any other documents and materials referenced in this Agreement (collectively, “Operational Documentation”).
3. GENERAL DESCRIPTION OF THE SERVICES.
3.1. The JNRB Services allow you to buy JNRB-branded goods directly from us via jnrb.store.
3.2. Once you visit jnrb.store you may place an order according to instructions and Operational Documentation.
3.3. JNRB does sell goods both for adults and for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
3.4. Once a payment has been accepted, the goods or services can be delivered in the following ways: shipping/drop-shipping/in-store pick-up (once your address has been specified certain delivery options are displayed). Notwithstanding the above, JNRB reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in its sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
3.5. In some cases, the goods displayed for sale on the jnrb.store may not be available. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged.
3.6. If your credit card has already been charged for the purchase and your order is canceled, we will refund your money to your credit card account .
3.7. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site.
4. LIMITED LICENSE.
4.1. Subject to the terms of this Agreement and solely for the limited purposes stated herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to use the website and the Services in accordance with documents available at jnrb.store and with our guidelines.
4.2. You may not make commercial use of any JNRB materials; collect or use any product listings, descriptions, or prices; or make any derivative use of any JNRB contents; download or copy any information for the benefit of another merchant; or use data mining, robots, or similar data gathering and extraction tools.
4.3. No JNRB materials, nor any part of the JNRB site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JNRB representatives.
4.4. The licenses set forth in this Section 4 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Agreement or otherwise upon termination of this Agreement.
4.5. In addition, we may terminate the license set forth in this Section 4 in whole or in part without any written notice to you.
5. SPECIAL FEATURES.
5.1. Some features that may be available on the JNRB site require use of your e-mail. You are responsible for maintaining the confidentiality of your e-mail and password and for restricting access to your computer, and you agree to accept responsibility for any and all statements made, and all acts and omissions that occur through the use of your e-mail. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail, notify JNRB immediately. JNRB may assume that any communications it receives under your e-mail have been made by you unless JNRB receives notice otherwise.
6. ORDERS AND RETURNS.
6.1. The information on this site does not constitute a binding offer to sell goods described on the site or to make such products available in your State. JNRB reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in its sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.
6.2. Please note, that socks are NOT returnable unless it is due to a manufacturing defect. You must get prior approval before sending these items back. Please email JNRB buy@jnrb.store within three days from the date you received the order for with a description of the defect.
6.3. Return shipping is regulated by the Return Policy available on at JNRB SITE.
7. RESERVATION OF RIGHTS; CONSUMER’S MATERIALS.
7.1. Other than the limited licenses expressly set forth in Section 4, JNRB reserves all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in or to, the Services, its content, any domain name owned or operated by JNRB or its affiliates, any documentation, JNRB and its affiliates’ trademarks and logos, and any other intellectual property and technology that JNRB provides or uses in connection with the Services (including any Service interfaces, promotion materials, reviews and related materials).
7.2. If you provide JNRB or any of its affiliates/partners with suggestions, reviews, modifications, data, images, text, or other information or content in connection with this Agreement, promotional campaigns or your using of the Services (collectively, "Your Materials"/“Consumer’s Materials”), you hereby irrevocably assign to JNRB all right, title, and interest in and to Your Materials and grant JNRB (even if you have designated Your Materials as confidential) a perpetual, free, non-exclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Materials in any manner; (b) adapt, modify, re-format, and create derivative works of Your Materials for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Materials (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, You hereby warrant that: (e) Your Material is your original work, or you obtained Your Materials in a lawful manner; and (f) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Materials.
8. COMPLIANCE WITH LAWS.
8.1. The laws of the State of California govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Ventura County for any action arising out of or relating to these Terms of Use. JNRB recognizes that it is possible for you to obtain access to this site from any jurisdiction in the world, but JNRB has no practical ability to prevent such access.
For clarity, in connection with your using of the Services you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (national, state, or otherwise) that govern purchasing of JNRB goods.8.2. This site has been designed to comply with the laws of the State of California and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and JNRB asks you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
9. TERM AND TERMINATION.
9.1. The term of this Agreement begins once you accept it via special button/check box and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, without giving the other party written notice of termination.
9.2. Upon any termination of this Agreement, any and all licenses will automatically terminate (except mentioned in Section 7 above) and you will immediately stop using the Services.
9.3. Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished.
9.4. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
10. MODIFICATION.
10.1. JNRB may modify any of the terms and conditions contained in this Agreement (and any Operational Documentation) at any time and in its sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on jnrb.store or by sending notice of such modification to you by email to the email address (if any) you previously specified (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the shipment period, payment procedures, and other Service requirements.
10.2. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USING OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE SITE OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
11. LIMITATION OF LIABILITY.
11.1. JNRB WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, REPUTATIONAL DAMAGE, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OPERATIONAL DOCUMENTATION, THE JNRB SITE OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF JNRB HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, JNRB AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED, THE JNRB SITE AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL PRICE PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
12. INDEMNIFICATION.
12.1. You agree to indemnify, defend and hold harmless JNRB and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use.
If you cause a technical disruption of the JNRB site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.12.2. JNRB reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with JNRB in the defense of such matter.
12.3. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the JNRB site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. If you are terminated from using this site, you will be personally liable for any orders that you place or charges or other liabilities that you incur prior to termination.
13. DISCLAIMERS.
13.1. THE SERVICES, THE JNRB SITE, ANY GOODS AND SERVICES OFFERED ON THE JNRB SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, JNRB DOMAIN NAME, JNRB AND ITS AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE JNRB TRADEMARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF JNRB OR ITS AFFILIATES OR LICENSORS IN CONNECTION WITH THE SERVICE (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.”
13.2. NEITHER JNRB NOR ANY OF ITS AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, JNRB AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
13.3. JNRB MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER JNRB NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS.
13.4. NEITHER JNRB NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM JNRB OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE, CONTENT, OPERATIONAL DOCUMENTATION, THE JNRB SITE, OR THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER JNRB NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (A) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USING OF THE SERVICES, OR (C) ANY TERMINATION OF THIS AGREEMENT OR YOUR USING OF THE SERVICES.
14. DISPUTES.
14.1. Any dispute relating in any way to the Services or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
14.2. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator 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 the terms of this Agreement as a court would.
14.3. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to buy@jnrb.store. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
If you believe that any infringement takes place, please contact us. Your correspondence should include the following information so that we may investigate your claim: a) Your physical signature or the signature of the person authorized to act on behalf of you; b) A description of the infringement; c) If applicable, a description of where the material that you claim is infringing is located on the site; d) Your address, telephone number, and e-mail address; e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act.14.4. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
14.5. Notwithstanding anything to the contrary in this Agreement, JNRB may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Services and its content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
15. MISCELLANEOUS.
15.1. JNRB failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
15.2. In the event of any conflict between this Agreement and the Operational Documentation or any other documents, this Agreement prevails.
15.3. Whenever used in this Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.”
15.4. Any determinations or updates that may be made by JNRB, any actions that may be taken by JNRB, and any approvals that may be given by JNRB under this Agreement, may be made, taken, or given in its sole discretion.
15.5. All non-public information provided by JNRB in connection with the Agreement is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
CONTACT US:
PO Box 152167 Cape Coral, Florida, 33915.