PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between jenniferlevers.com and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and products and services purchased or accessed through this Site (individually and collectively, the “Products and services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Products and services.
Whether you are simply browsing or using this Site or purchase products or products and services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to jenniferlevers.com. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the products or products and services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Jenniferlevers.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the products and products and services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the products and products and services. In addition, jenniferlevers.com may occasionally notify you of changes or modifications to this Agreement by email. Jenniferlevers.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
ELIGIBILITY; AUTHORITY
This Site and the products and products and services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the products and products and services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the products and products and services found under the laws of the United Kingdom or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, jenniferlevers.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Jenniferlevers.com shall not be liable for any loss or damage resulting from jenniferlevers.com reliance on any instruction, notice, document or communication reasonably believed by jenniferlevers.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, jenniferlevers.com reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Products and services, whether or not authorized by you.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the products and products and services, you may have to create an Account. You represent and warrant to jenniferlevers.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If jenniferlevers.com has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Jenniferlevers.comreserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, jenniferlevers.com recommends that you change your password and shopper PIN at least once every six (6) months for each Account . You must notify jenniferlevers.com immediately of any breach of security or unauthorized use of your Account. jenniferlevers.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Jenniferlevers.comor others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
AVAILABILITY OF WEBSITE/PRODUCTS AND SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the products and products and services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
From time to time, jenniferlevers.com may offer new Products and services (limited preview products and services or new features to existing Products and services) in a pre-release version. New Products and services, new features to existing Products and services or limited preview products and services shall be known, individually and collectively, as “Beta Products and services”. If you elect to use any Beta Products and services, then your use of the Beta Products and services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Products and services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Products and services may expose you to unusual risks of operational failures; (iii) The Beta Products and services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) jenniferlevers.com reserves the right to modify, change, or discontinue any aspect of the Beta Products and services at any time; (v) Commercially released versions of the Beta Products and services may change substantially, and programs that use or run with the Beta Products and services may not work with the commercially released versions or subsequent releases; (vi) jenniferlevers.com may limit availability of customer service support time dedicated to support of the Beta Products and services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Products and services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Products and services shall be owned exclusively by jenniferlevers.com; (viii) You acknowledge and agree that all information regarding your use of the Beta Products and services, including your experience with and opinions regarding the Beta Products and services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to jenniferlevers.com; (ix) The Beta Products and services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Jenniferlevers.com disclaims any and all warranties, statutory, express or implied, with respect to the Beta Products and services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Products and services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Products and services in a manner (as determined by jenniferlevers.comin its sole and absolute discretion) that:
• Is illegal or promotes or encourages illegal activity.
• Promotes, encourages, or engages in child pornography or the exploitation of children.
• Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
• Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription.
• Infringes on the intellectual property rights of another User or any other person or entity.
• Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
• Interferes with the operation of this Site or the Products and services found at this Site.
• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding jenniferlevers.com products and services. - You will not copy or distribute in any medium any part of this Site or the products and services, except where expressly authorized by jenniferlevers.com.
- You will not modify or alter any part of this Site or the products and services found at this Site or any of its related technologies.
- You will not access jenniferlevers.com Content (as defined below) or User Content through any technology or means other than through this Site itself, or as jenniferlevers.com may designate.
- You agree to back-up all your User Content so that you can access and use it when needed. jenniferlevers.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not re-sell or provide the products and services for a commercial purpose without express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that jenniferlevers.com may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow jenniferlevers.com, in its sole discretion, to record the entirety of such calls regardless of whether jenniferlevers.com asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which jenniferlevers.com is a party.
jenniferlevers.com reserves the right to modify, change, or discontinue any aspect of this Site or the products and services, including without limitation prices and fees for the same, at any time.
YOUR USE OF jenniferlevers.com CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of jenniferlevers.com Content and User Content posted websites (i.e., those sites which jenniferlevers.com directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
jenniferlevers.com Content. Except for User Content, the content on this Site and the products and services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“jenniferlevers.com Content”), are owned by or licensed to jenniferlevers.com in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws. jenniferlevers.com Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of jenniferlevers.com. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. jenniferlevers.com reserves all rights not expressly granted in and to the jenniferlevers.com Content, this Site and the products and services, and this Agreement do not transfer ownership of any of these rights.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Products and services found at this Site (including without limitation those features that prevent or restrict use or copying of any jenniferlevers.com Content or User Content) or enforce limitations on the use of this Site or the Products and services found at this Site, the jenniferlevers.com Content or the User Content therein.
jenniferlevers.com USE OF USER CONTENT
The provisions in this Section apply specifically to jenniferlevers.com use of User Content posted to jenniferlevers.com corporate websites (i.e., those sites which jenniferlevers.com directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
jenniferlevers.com shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
By posting or publishing User Content to this Site or through the Products and services, you authorize jenniferlevers.com to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant jenniferlevers.com a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Products and services and jenniferlevers.com (and jenniferlevers.com affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that jenniferlevers.com may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, jenniferlevers.com shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or jenniferlevers.com (or jenniferlevers.com affiliates’) business(es).
LINKS TO THIRD-PARTY WEBSITES
This Site and the Products and services found at this Site may contain links to third-party websites that are not owned or controlled by jenniferlevers.com who assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, jenniferlevers.com does not censor or edit the content of any third-party websites. By using this Site or the Products and services found at this Site, you expressly release jenniferlevers.com from any and all liability arising from your use of any third-party website. Accordingly, jenniferlevers.com encourages you to be aware when you leave this Site or the Products and services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
FEES AND PAYMENTS
You agree to pay any and all prices and fees due for Products and services purchased or obtained at this Site at the time you order the Products and services. All prices and fees are non-refundable unless otherwise expressly noted. jenniferlevers.com expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Products and services for a period of months or years, changes or modifications in prices and fees shall be effective when the Products and services in question come up for renewal as further described below.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Products and services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
Annual Plans: Any product purchased for 1 year or greater will be considered an annual plan under the terms of this policy. Within forty five (45) days, you may request a full refund of the purchase price of the product. After forty five (45) days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be pro-rated based on the date of original purchase and, for renewals, the anniversary date of the original purchase date of the product (this is referred to as the Service Date).
Monthly Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. Within forty eight (48) hours, you may request a full refund of the purchase price of the product. After forty eight (48) hours, you may request an in-store credit for any unused time remaining on your multi-monthly plan excluding the month in which the refund is requested. Single month plans are not eligible for refunds after forty eight (48) hours. Unused time will be pro-rated based on the date of original purchase and, for renewals, the monthly scheduled renewal date based on the original purchase date of the product (this is referred to as the Service Date).
In no event will you be eligible for more than one refund of the same product.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
jenniferlevers.com makes no representation or warranty that the content available on this Site or the Products and services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Products and services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Products and services found at this Site are responsible for compliance with all local laws, rules and regulations.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact