Legal Statement

TERMS & CONDITIONS OF USE/LEGAL STATEMENT

IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the JCIDEL website accessible at www.jcidel.com, as well as and including any other JCIDEL websites or web pages accessible through the JCIDEL website or other promotional websites JCIDEL hosts or sponsors such as mini-sites or pages on third party social networking services, directed at consumers in the United States (collectively the “Sites”).

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU. THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. 

Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.

1. OWNERSHIP RIGHTS/USE OF SITES MATERIALS

Jeannie B. Cidel, LLC and/or its worldwide affiliates (“JCIDEL”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).

JCIDEL owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. JCIDEL also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of JCIDEL’s copyright and other proprietary rights. 

No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of JCIDEL. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.

JCIDEL grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Sites solely for your own personal, non-commercial use in accordance and full compliance with all terms, conditions, and restrictions of usage set forth herein.

The rights granted to you in these Terms are subject, without limitation and in addition to all other terms, conditions, and restrictions set forth in these Terms, to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Sites or of any other products, features, apps, services, technologies, or software offered by JCIDEL in connection therewith; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites or of any other products, features, apps, services, technologies, or software offered by JCIDEL in connection therewith; (c) you shall not use information about the Sites or about any other products, features, apps, services, technologies, or software offered by JCIDEL in connection therewith obtained while using or accessing the Sites to, directly or indirectly, build, conceive of, fund, manage, own, develop, or create a similar or competitive website, product, feature, application, service, technology, or software; and (d) except as expressly stated herein, no part of the Sites or of any other products, features, apps, services, technologies, or software offered by JCIDEL in connection therewith, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Sites shall be subject to these Terms.  All copyright and other proprietary notices on the Sites must be retained on all copies thereof.

JCIDEL reserves the right to change, suspend, or cease operating the Sites with or without notice to you.  You acknowledge and agree that JCIDEL shall not be held liable to you or any third-party for any change, interruption, or termination of the Sites or any part thereof.

In addition to the foregoing, you agree not to use the Sites or any other products, features, apps, services, technologies, or software offered by JCIDEL in connection therewith to collect, upload, transmit, display, or distribute any digital, electronic, audio-visual, written or other content (i) that infringes or violates any third-party right including, without limitation, any intellectual property or proprietary right; (ii) that is unlawful, fraudulent, discriminatory, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in actual or attempted violation of any law, statute, regulation, or obligation or restriction imposed by any third party.

You further agree not to: (i) upload, transmit, or distribute to or through the Sites any software, malware, virus, or malicious code intended to damage or alter a computer system or data, or which could disable, overburden, or impair the proper working or appearance of the Sites or any part thereof; (ii) send through the Sites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Sites to harvest, collect, gather or assemble information or data, through automated means or otherwise, regarding other users without their prior written and informed consent and without the prior written and informed consent of JCIDEL; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Sites or any part thereof, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Sites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Sites, or to generate automated searches, requests, messages, or queries to the Sites. You must obtain our prior written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Sites, from any other products, features, apps, services, technologies, and software offered by JCIDEL, or from JCIDEL, generally.

JCIDEL reserves the right to investigate and/or take appropriate action against you in its sole discretion if you seriously or repeatedly violate these Terms or if doing so may expose JCIDEL or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. Such action may include terminating your account, and/or reporting you to law enforcement authorities.

If you provide JCIDEL with any feedback or suggestions regarding the Sites, you hereby assign to JCIDEL all rights in such Feedback and agree that JCIDEL shall have the exclusive right to use, develop, transfer, assign, and fully exploit such Feedback and related information in any manner and for any reason. JCIDEL will treat any Feedback you provide to JCIDEL as non-confidential and non-proprietary.

2. DISCLAIMER/LIMITATION ON LIABILITY

Use of and browsing in the Sites are at your own risk. Neither JCIDEL nor any party representing or otherwise affiliated with JCIDEL in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of JCIDEL’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by JCIDEL and JCIDEL may use such materials in any manner that it deems appropriate.

You agree to indemnify and hold JCIDEL and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses made by any third-party due to or arising out of (a) your use of the Sites, (b) your violation of these Terms or of any other applicable terms, guidelines, policies, and rules governing your use or access to the Sites or any part thereof, or (c) your violation of applicable laws or regulations.  JCIDEL reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, including choosing legal counsel of JCIDEL’s choice, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of JCIDEL. JCIDEL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

3. LINKS

JCIDEL is not responsible for third party websites that link to or from the Sites. JCIDEL does not endorse any such sites or the goods or services offered on such sites. JCIDEL disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. JCIDEL shall not be held liable or responsible for the content of any sites that link to or from the Sites.

4. ACCURACY OF INFORMATION

JCIDEL takes reasonable steps to ensure the accuracy of the information included in the Sites. However, JCIDEL takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.

5. PRICES

When applicable, prices displayed on the JCIDEL website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary between the U.S. mainland, Hawaii, Guam and Saipan. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.

6. NO WAIVER

The failure on the part of JCIDEL to enforce any part of these Terms shall not constitute a waiver of any of JCIDEL’s rights hereunder for past or future actions.

7. QUESTIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT TERMS OF USE

By submitting a question, comment, communication or other content (“Statement”) to the Site, you hereby grant JCIDEL the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other JCIDEL websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in JCIDEL’s email marketing campaigns and newsletters.

You warrant and represent that all of the Statements you have made regarding JCIDEL and/or its products are true and accurately reflect your honest opinion of and experience with JCIDEL and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to you and without any expectation by you of any payment or benefit in return. You agree to notify JCIDEL immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of JCIDEL nor are you a paid spokesperson for JCIDEL.

You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by JCIDEL to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.

JCIDEL expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:

• Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
• Advertisements, 'spam' content, or references to other products, offers, or websites.
• Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
• Email addresses, URLs (with the exception of the Site), phone numbers, physical addresses, or other forms of contact information.
• Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
• Discussion of medical conditions or claims of medical effectiveness.
• Content that is false or misleading.
• Content that is unlawful or promotes unlawful activities.

 

JCIDEL will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.

8. CIDEL TEXT PROGRAM TERMS & CONDITIONS AND CONSENT TO USE OF ELECTRONIC RECORDS

By agreeing to receive JCIDEL text messages, you are consenting and agreeing to receive recurring autodialed marketing messages at the mobile number that has been provided at opt-in. Autodialed messages are text messages and calls JCIDEL dials using equipment that can dial numbers that are stored or produced by random or sequential number generators. JCIDEL text messages may be used for various purposes including, without limitation, remitting invitations to exclusive events, tracking purchase orders, announcing new products, etc. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the JCIDEL text list you must text STOP in response to a JCIDEL text message or contact customer care at 888-404-9964. After texting STOP you may receive one additional message confirming that your request has been processed. In the event that you change or deactivate your mobile number it is your responsibility to notify JCIDEL at 888-404-9964 to have your number removed.

Additionally, JCIDEL reserves the right to alter message frequency at any time i.e., we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

You also agree to the use of electronic documents and records by JCIDEL. Moreover, by consenting to receive text message ads from JCIDEL, you further agree that JCIDEL may use electronic documents and records when obtaining your consent to receiving Marketing Communications. You agree that the use of electronic records satisfies any legal obligations JCIDEL has to provide information about your consent to you in writing. If you do not agree to this, you should not agree to the terms. You have the right to receive a paper copy of all documents that JCIDEL is legally required to deliver to you in writing. You can 1) request a paper copy of such documents, including the agreement to receive autodialed text messages from JCIDEL; 2) withdraw your consent to the use of electronic records; or 3) update your contact information by calling JCIDEL at 888-404-9964 or updating your information on, or through, the Site.

You must have certain equipment and software in order to receive the electronic records associated with your consent to receiving text message ads from JCIDEL. You will need either a web browser equivalent to what you are now using to view this web page or at least Explorer 11.0, Firefox version 60.0 or later, Google Chrome version 66.0 of later, Safari version 11.0 or later, or an equivalent browser. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of these terms and the consent to the use of electronic records as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.

The limitation of liability described in section 2 above and the Governing Law described in section 9 below all apply to JCIDEL’s text messaging activity. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

9. GOVERNING LAW

You hereby agree that any dispute between you and JCIDEL relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this provision), the Privacy Policy, the Sites and/or an item purchased through the Sites (“Covered Disputes”) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Venue shall exclusively lie in the state or Federal courts located within the State of Florida and sitting in Broward County. Any action, suit, or other proceeding arising out of or relating to a Covered Dispute shall be instituted exclusively in the state or Federal courts of Florida, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Each Party knowingly and expressly consents to the jurisdiction of these courts in any legal proceeding and waives any objection which they may have to venue or jurisdiction in any legal proceeding in these courts, including any claim that the legal proceeding has been brought in an inconvenient forum or in a court that lacks personal jurisdiction over them. In the event litigation is necessary in connection with any Covered Dispute, the prevailing Party shall be entitled to an award of all costs, expenses, and attorneys’ fees, whether taxable or not, to be paid by the non-prevailing Party.

10. MISCELLANEOUS

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and JCIDEL with respect to the use of the Sites.

JCIDEL may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.

The Sites are not intended to provide any medical information about the skin or otherwise.

BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.

LAST UPDATED: SEPTEMBER 2022

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