Registration and Use
Use of the Site and the Service is void in such places and locations where prohibited. By making a purchase on the Site, you represent and warrant that you are eighteen (18) or older and that you agree to and will abide by all of the terms and conditions set forth in this agreement, including without limitation the representation and warranty that you have the consent of the cardholder to make any charges to the credit card that you may use on this Site (the “Agreement”).
Please log in to your account and click on “FORGOT YOUR PASSWORD”. You will then be prompted to set up a new password.
We try to display the colors of our products as accurately as possible. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification; (b) provide current, complete and accurate information about yourself, as may be requested by any registration forms on the Site (collectively, “Registration Data”); (c) promptly update and maintain such Registration Data; (d) keep any other information you provide to the Company accurate, complete and current; and (e) be fully responsible for all use of your account and for any actions that may occur using your account.
Proprietary Rights in Site Content
Trademarks and Trade Dress
“JanaCalifornia.com” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. The Company’s trademarks and trade dress, as applicable, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
We respect others’ intellectual property rights, and require that people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email addressed to firstname.lastname@example.org that includes your contact information and specifies the precise nature of the content that allegedly infringes.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all.
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, providers, servers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage, personal injury or death, resulting from anyone’s use of the Site or the Service, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site. All of the aforementioned services, the Site, and the Service are provided on an as-is basis. Company hereby expressly disclaims any and all representations and warranties, whether express or implied, including without limitation warranties of title, fitness for a particular purpose, merchantability or non-infringement. The Company does not and cannot promise certain results from use of the Site and/or Service. Nor does the Company represent or warrant that content or materials on the Site, software or the Service are complete, accurate or error-free or that the Site or its servers are free from viruses or other harmful elements. EXERCISE CAUTION AND FORETHOUGHT IN DOWNLOADING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, LOCATE AND ERADICATE VIRUSES. WITHOUT LIMITING ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AT YOUR OWN RISK AND DISCRETION AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH SERVICE AND ANY DAMAGES TO YOUR MOBILE DEVICE, TELEPHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site, the Service, and any other services offered through the Site at any time without notice.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, EVEN IF THE COMPANY IS AWARE OR HAS BECOME AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED ONE THOUSAND U.S. DOLLARS ($1,000). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All formal notices from you to us shall be sent to: email@example.com. All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed given one (1) business day after the email is sent.