TERMS AND CONDITIONS
TERMS AND CONDITIONS
Welcome to www.jp-pierre.com. This Web Site is owned and operated by the JEAN PIERRE Group (“Company” “Jean Pierre”) (collectively “we” and “us”). In addition to the content on the Web Site, the Web Site provides you with various shopping, e-commerce, and community Services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Website and associated Services.
If you choose to continue accessing this Website after having the opportunity to read these Terms, you recognize that JEAN PIERRE has provided valuable consideration by offering this Website free of charge. In exchange for that valuable consideration, you agree to the Terms hereof.
If you do not agree to these Terms, please do not use the Website and exit immediately. We reserve the right to modify or amend the Terms at any time and without notice. Your continued use of our Website following the posting of changes to any of the documented terms will mean you accept those changes.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by JEAN PIERRE, its licensors, vendors, agents, and/or its content providers.
All elements of the Website, including without limitation the general design and all additional content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.
The Services and the Website may only be used for the intended purpose for which the Services and Website is being made available, except as may be otherwise indicated in specific documents within the Website.
You are authorized to view, play, print, and download documents, audio, and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials. Additionally, Website content may not be copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, or utilized to create derivative works. The transfer or sale of any information or work contained on the Website is strictly prohibited except as authorized under copyright laws. You are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.
For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services. The Website, its content, and all related rights shall remain the exclusive property of JEAN PIERRE or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Website.
PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only.
We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system. We cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Website.
By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs, and similar products sold are for private, home use (where no admission fee is charged), non-public performance, and may not be duplicated.
When an order is placed, it will be shipped to the address designated by the purchaser as long as the shipping address complies with the shipping restrictions on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable Texas law, we make no representation as to the completeness, accuracy, or currency of any information on this Website. For example, products included on this Website may be unavailable or have different attributes than those listed. They may also carry a different price than that stated on this Website.
In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
UNAUTHORIZED USE OF COMPUTER SYSTEM
Users are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, and/or profane material. In addition, any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to potential civil liability, or otherwise violate any laws is strictly prohibited. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Users shall further understand and agree that sending unsolicited email advertisements to any user of the Website or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws.
In addition to any lawful remedies that we may have or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the above-mentioned prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website.
We will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website.
For all charges for any products and services sold on the Website, JEAN PIERRE will bill your credit card or selected alternative payment method offered by JEAN PIERRE. Any seasonal surcharges will be included in your order's delivery total and are non-refundable.
In the event legal action is necessary to collect on balances due, you agree to reimburse JEAN PIERRE for all expenses incurred to recover sums due, including but not limited to attorney fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of this Website.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure
(ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website
(iii) bypass any measures we may use to prevent or restrict access to the Website.
Neither JEAN PIERRE nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond reasonable control, including and without limitation to fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, acts of civil or military authorities or public enemies.
JEAN PIERRE is also not liable for any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; including, without limitation, labor unrest, strikes, slowdowns, picketing, boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, and/or acts or omissions of other common carriers.
In the event that you have a dispute with one or more other users of the Website, you release JEAN PIERRE (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We care about data privacy and security.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA´s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration will make a decision in writing but need not provide a statement of reason unless requested by either party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so except where otherwise required by the applicable AAA rules or law. The arbitration will take place in Texas. Except as otherwise provided herein, the Parties may litigate in court to complete arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
A court of competent jurisdiction shall decide such a Dispute within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(i) no arbitration shall be joined with any other proceeding;
(ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures
(iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration:
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(i) any Disputes seeking to enforce or protect, or concerning the validity of any of the intellectual property rights of a Party
(ii) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use
(iii) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision, whether found to be illegal or unenforceable. Such Disputes shall be decided by a competent court within the courts listed for jurisdiction above. Additionally, the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and change or update the information on the Website at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. MISUSE WILL RESULT IN POTENTIAL PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THIS INCLUDES BUT IS NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE´S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
(ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE
(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE MAY BE INVESTIGATED AND PUNISHED.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.WE WILL ALSO NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys ‘fees and expenses, made by any third party due to or arising out of:
(i) use of the Website
(iv) your violation of the rights of a third party, including but not limited to intellectual property rights
(v) any overt harmful act toward any other user of the Website with whom you connected via the Website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd.,
Sacramento, California 95834
We can also be reached by telephone at:
(800) 952-5210 or (952) 445-1254.
Any claim relating to the use of this Website and the materials contained herein is governed by the laws of the State of Texas, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in San Antonio, Texas.
A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Except as prohibited by applicable law, we do not guarantee continuous, uninterrupted, or secure access to our Website or Services. At times, operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The Agreement constitutes the entire Agreement between the user and JEAN PIERRE. This supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at (956) 629-8812.
COPYRIGHT AND TRADEMARKS NOTICE
All Website design, graphics, text selections, arrangements, and all software are Copyright©. All trademarks, service marks, and trade names of JEAN PIERRE used herein (including but not limited to: the JEAN PIERRE name, the JEAN PIERRE logo, (collectively “Marks”) are trademarks or registered trademarks of the JEAN PIERRE brand or its affiliates, partners, vendors, and licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify JEAN PIERRE trademarks in any way, including in advertising or publicity pertaining to the distribution of materials on this Website, without JEAN PIERRE'S prior written consent.
We offer FREE shipping to the 48 contiguous United States. Shipping times depend on your location. Once you receive a confirmation by email of your purchase, it takes between 5-8 days to arrive. Purchases made after 2:00 pm will be scheduled for shipment the next day at 5:00 pm. There may be a variation in the delivery day. Shipping to Alaska, Puerto Rico, and Hawaii will incur an additional fee.
*If you require express shipping, extra charges will be added (shipping guide).
In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at:
JP PIERRE LLC
84NE Loop 410, Suite 291
San Antonio, TX 78216