This Web site is offered to you (the “End User”), conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.jjonesdesignco.com. We may amend these Terms & Conditions at any time. Changes or amendments will be posted on this page for public view and be considered valid upon such posting.
INTRODUCTION TO JJONES DESIGN CO.
Upon your registration, you may enter your email address as your username and choose your own password to access the JJONES DESIGN CO. services through the JJONES DESIGN CO. Web site. You may also access portions of our content without registering. End User acknowledges that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that re beyond our control and JJONES DESIGN CO. shall not be responsible for any data lost while transmitting information on the Internet.
JJONES DESIGN CO. E-SERVICES
Our service includes providing interior design in the form of home improvement design and ideas and product suggestions as part of our JJONES DESIGN CO. e-services. We do not guarantee that we will be able to provide you with design direction, product recommendations, home improvement ideas or products and services that fulfill your expectations or meet your personal likes and dislikes. JJONES DESIGN CO. also does not guarantee that we will be able to meet your specific service needs or your expectations of your service needs. JJONES DESIGN CO. does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed or the implementation of the JJONES DESIGN CO. design. None of the service professionals are employees or agents of JJONES DESIGN CO., nor is JJONES DESIGN CO. an agent of the service professionals. JJONES DESIGN CO. does not perform, and is not responsible for, any of the services requested by you in your service request with the service professional. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly.
YOU HEREBY AGREE TO RELEASE JJONES DESIGN CO. (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PRODUCT PROVIDERS AND SERVICE PROFESSIONALS.
REFUND POLICY FOR DESIGN SERVICES
We do not guarantee your approval or complete satisfaction with the JJONES DESIGN CO. packages or services provided to you. However, if you are dissatisfied with your JJONES DESIGN CO. package we reserve the right and option to make good faith efforts to incorporate your feedback into revised e-design services and we may but are not required to provide an additional package so long as you request a replacement e-design package within 30 days of receipt of your original purchase.
INFORMATION YOU PROVIDE TO US
Upon requesting JJONES DESIGN CO. services, you will be prompted to disclose certain information about yourself or your home, and you will be able to store information, such as personal and residential details on our Web site. By providing this information to us you are requesting, and you expressly consent to being contacted by design professionals via our Web Site or by us via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy policy statement. You agree that by completing any design request, you are entering into a business relationship with JJONES DESIGN CO. and its partners and thus agree to be contacted by JJONES DESIGN CO. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or JJONES DESIGN CO. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JJONES DESIGN CO. has the right to refuse any current or future use of the JJONES DESIGN CO. e-design services (or any portion thereof) by you. You are responsible for any use of the JJONES DESIGN CO. services by persons to whom you intentionally or negligently allow access to your password.
YOUR USE OF THE ROOMZ DESIGN SERVICES
You acknowledge and agree that your use of the JJONES DESIGN CO. services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the JJONES DESIGN CO. Web site by you is the sole and exclusive property of JJONES DESIGN CO., and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your design service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to JJONES DESIGN CO. for any such damages, and will indemnify JJONES DESIGN CO. in the event of any third party claims against JJONES DESIGN CO. based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the JJONES DESIGN CO. Web site and services at any time. If it is determined or suspected by JJONES DESIGN CO. in its sole discretion that you are misusing or attempting to misuse or circumvent the JJONES DESIGN CO. services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, JJONES DESIGN CO. reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO JJONES DESIGN CO., AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A DESIGN SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO JJONES DESIGN CO. WHO ACCEPTS SUCH DESIGN SERVICE REQUEST, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO JJONES DESIGN CO. AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE Permission to use documents (such as images, press releases, content, informational items and FAQs) from the JJONES DESIGN CO. server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Any and all distribution of documents or information available on this Web site requires express written permission of JJONES DESIGN CO. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the JJONES DESIGN CO. Web site or any other JJONES DESIGN CO. owned, operated, licensed or controlled site. Elements of JJONES DESIGN CO. Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any JJONES DESIGN CO. web site may be copied or retransmitted unless expressly permitted by JJONES DESIGN CO. JJONES DESIGN CO. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JJONES DESIGN CO. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE JJONES DESIGN CO. WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JJONES DESIGN CO. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
LINKS TO THIRD PARTY SITES
In the event that there are links in the JJONES DESIGN CO. Web site that let you leave JJONES DESIGN CO.'s Web site, these linked sites are not under the control of JJONES DESIGN CO. AND JJONES DESIGN CO. is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. JJONES DESIGN CO. is not responsible for webcasting or any other form of transmission received from any linked site. JJONES DESIGN CO. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JJONES DESIGN CO. of the site in any way.
COPYRIGHT AND TRADEMARKS
Everything located on or in this web site is the exclusive property of JJONES DESIGN CO. This web site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, animation, and graphics, and the entire contents of WWW.JJONESDESIGNCO.COM and may be protected by copyright as a collective work under the United States copyright laws. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for informational purposes only and may not be sold or distributed for commercial gain. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of JJONES DESIGN CO. is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the web site shall not be deemed to be in the public domain but rather the exclusive property of JJONES DESIGN CO.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY JJONES DESIGN CO., AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE JJONES DESIGN CO. SERVICES OR IN CONNECTION WITH THE JJONES DESIGN CO. WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
GENERAL PROVISIONS
You acknowledge and agree that the JJONES DESIGN CO. services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and JJONES DESIGN CO. Design's sole obligation to you or any third party for any claim arising out of your use of the JJONES DESIGN CO. services or the JJONES DESIGN CO. Web site, is that you are free to discontinue your use of the JJONES DESIGN CO. services or the JJONES DESIGN CO. Web site at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, JJONES DESIGN CO. EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT JJONES DESIGN CO. SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF JJONES DESIGN CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT.
The Terms and Conditions will inure to the benefit of JJONES DESIGN CO.’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
The failure of JJONES DESIGN CO. to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the JJONES DESIGN CO. services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
These Terms and Conditions are governed by the laws of the State of California. You agree to submit to jurisdiction in California and that any claim arising under these Terms and Conditions will be brought solely in a court in Orange County, California.