Welcome to www.janacousa.com (the “Site”), a website provided by Janaco USA, LLC, a Florida Limited Liability Corporation (“Janaco”). This website enables the individual (“you”) to shop, and through third-party sites, purchase Janaco’s products, and have them shipped to you. These terms govern your use of the Site.
1. Acceptance
Your use of the Site is at all times subject to these terms. You should read these terms carefully and be sure you understand them prior to using the Site. Any use of the Site by you is deemed to be irrevocable acceptance of these terms. If you do not agree to these terms, you should not use, and should immediately exit, the Site. Accessing the Site only to review these terms or Janaco’s privacy policy, a copy of which is posted on the Site, (the “Privacy Policy”) is not deemed to be use of the Site.
2. Information
In using the Site, Janaco will collect data and other information from you and the computer (or mobile device) being used by you to access the Site. All such data and other information will be handled by Janaco as set forth in the Privacy Policy.
3. Account
In creating an Account, you must create a user name and password. Your user name and password must comply with whatever protocol is from time to time established by Janaco, and must not be disclosed by you to third parties. You (a) are responsible for maintaining the confidentiality of your user name and password, and (b) must immediately notify Janaco in writing of any loss, or any unauthorized access, disclosure or use, of your user name or password. Janaco will not have any liability to you or any third party arising from your failure to keep your user name or password confidential and may at any time, in its sole discretion and without notice to you, terminate or temporarily disable your access to your Account. In addition, Janaco may rely on any use of your user name or password, whether by you or a third party, as having been authorized by you, unless (a) you previously notified Janaco in writing of any loss, or any unauthorized access, disclosure or use, of your user name or password, (b) Janaco has had a reasonable opportunity of not less than five days to act on such notice and (c) Janaco’s acting on such notice would have clearly avoided any third-party use of your Account that was not authorized by you.
4. Your Responsibilities
You are solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of your obligations pursuant to these terms, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) promptly reporting to Janaco in writing any defect or error in, shortcoming of, and other problem with, the Site, (f) your compliance with applicable law in connection with all matters for which you are responsible hereunder and your use of the Site, and (g) obtaining from any third party any required approval, authorization, consent, license, permission and permit to use the Site as contemplated herein.
5. Content
All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, Janaco, unless stated otherwise in writing by Janaco. You may access and use any Content solely in connection with your authorized use of the Site, and for no other purpose; provided, however, that you may not, in any case, use any Content for any purpose prohibited by (a) Janaco, in its sole discretion, after you receive notice of such prohibition, (b) these terms, or (c) any applicable law.
6. Third-Party Vendors
Janaco may rely on third parties to provide products, services and content in connection with the Site or these terms (individually a “Third-Party Vendor”), and Janaco will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon your use of such products, services and content, and you will be bound by such terms. If you desire to receive a copy of such terms, you should request it directly from such Third-Party Vendor.
7. Third-Party Sites
The Site may contain links to, or may be accessible through links on, other websites that are not maintained by Janaco. Janaco is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship or recommendation by Janaco of such other website and links are provided only for your convenience. Janaco has no responsibility or liability to you arising from any link between the Site and another website.
8. Right to Monitor
Janaco may monitor your use of the Site to confirm that you are complying with your obligations pursuant to these terms or for other legitimate business purposes; provided, however, that Janaco has no obligation to do so and any such monitoring will be at Janaco’s sole discretion. Janaco will have no liability to you or any third party in connection with its monitoring (or not monitoring) such use.
9. Disclaimer
THE SITE IS MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, JANACO DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
10. Limitation of Liability
JANACO WILL NOT BE LIABLE TO YOU WITH RESPECT TO THE SITE, AN ACCOUNT, THESE TERMS OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY JANACO, IN NO EVENT WILL ANY LIABILITY OF JANACO WITH RESPECT TO THE SITE, AN ACCOUNT, THESE TERMS OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR (B) $100. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY JANACO, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You shall indemnify, defend and hold harmless Janaco from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to these terms or any applicable law, (b) any warranty or representation made by you in these terms being untrue or misleading in any respect, (c) any unauthorized use of the Site by you, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent Janaco is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by you or any third party in reliance on the Site or any other use of the Site.
12. Severability
Whenever possible, these terms will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any of such terms is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof being prohibited or invalid.
13. Revisions
Janaco may revise any of these terms from time to time by (a) posting the revision so that it is accessible on the Site, or (b) notifying you of the revision in an email message at the address for you in Janaco’s records. Any such revision will be effective immediately upon the earlier of such posting or sending such email message as set forth in this Section. You are responsible for periodically checking the Site for revisions to these terms. Any other revision to these terms must be in a writing signed by Janaco and you.
14. Dispute Resolution
If you have a complaint regarding the Site, an Account, or these terms, you must first submit it to Janaco as set forth in Section 15, and Janaco must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon Janaco’s completing such investigation and so responding, you and Janaco must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after an additional reasonable period of not less than 30 days, and you desire to pursue other remedies, you may, within one year after Janacoreceived your initial complaint, commence a lawsuit against Janaco in connection with the unresolved portion of such complaint only in a court located in Palm Beach County, Florida , and having subject matter jurisdiction over such complaint. You consent to any such court being a proper venue for such complaint, and waive any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such lawsuit is commenced as set forth herein, you waive any right to a jury trial, and any right to bring or join any claim against Janaco as a member or other participant in any class action or other similar form of litigation
15. Notices
You must send notices to Janaco relating to the Site, an Account, or these terms at Janaco USA, LLC, P.O. Box 122, Palm Beach, FL 33480, or info@janacousa.com. Any such notice will be effective upon actual receipt by Janaco. Janaco may send any such notices to you through e-mail or a general posting on the Site. Any such notice from Janaco will be effective (a) immediately upon Janaco’s sending such notice to you at the e-mail address it has in its records for you, and (b) immediately upon your entering the Site after such notice is posted on the Site.
16. Non-Transferrable
An Account cannot be transferred by you to a third party. Any attempt by you to transfer an Account to a third party will be ineffective.
17. Miscellaneous
These terms (a) shall be governed by, and interpreted and enforced in accordance with, the laws of the State of Florida, without regard to its principles of conflict of laws, and (b) along with Privacy Policy and other provisions contained on the Site, constitute the entire agreement between you and Janaco with respect to the subject matter of these terms, and supersede all prior proposals, representations, understandings and agreements. No right or remedy under these terms will be deemed waived unless set forth in a writing signed by the party granting such waiver. To the extent there is any conflict or inconsistency between any provision of these terms and any statement contained on the Site, the former will control. There are no third-party beneficiaries of these terms, and these terms cannot be enforced or relied upon by any third party.
You represent and warrant to Janaco that you (1) have carefully read and agree to these terms, (2) are agreeing to these on your own behalf, and (3) have sufficient capacity to agree to these terms.
