Terms of Use

JANACALIFORNIA.COM Terms of Use

JanaCalifornia.com is a blog that provides travel, hotel and restaurant information about California and Europe for your (alternately referred to herein as “you”, “Customer” or “User”) enjoyment. The “Service” (as defined herein below) of JanaCalifornia.com (collectively, “us”, “we” or the “Company”) is operated by Jana-Maria Shumaker. By using or accessing our website at www.janacalifornia.com or the mobile version of the website (collectively and individually, the “Site”) that blogs about restaurants, hotels and travel among other subjects (collectively, the “Service”) you signify that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). The Company reserves the right, at its sole discretion, to modify, add, change or delete portions of these Terms of Use at any time without notice. If the Company does this, it will post the changes to these Terms of Use on this page and indicate at the top of such page the date on which such terms were last revised. Your continued use of the Site or the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to adhere to these or to any future Terms of Use, do not use or access (or continue to use or access) the Site or the Service. It is your responsibility to regularly check the Site to see if the Terms of Use have been changed and to review any such changes.

PLEASE READ THESE TERMS OF USE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL REMEDIES, RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE MANNER OF DISPUTE RESOLUTION.

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”).

Forgotten Password        

Please log in to your account and click on “FORGOT YOUR PASSWORD”. You will then be prompted to set up a new password.

Colors

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.

Security

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

All content on the Site and available through the Service, including without limitation the designs, text, graphics, music, sound, photographs, pictures, video, information, applications, software and other files, and their arrangement and selection (collectively, the “Site Content”), are the proprietary materials and property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, in whole or in part, without the Company’s prior written permission. Nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by implication, estoppel, or otherwise.

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.

Copyright

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 jshumaker@janacalifornia.com that includes your contact information and specifies the precise nature of the content that allegedly infringes.

Privacy          

By using the Site or the Service, you are consenting to have your personal data transferred to and processed by us anywhere in the world.  See our Privacy Policy on the Site for more details.

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.

 

External Links                  

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.

Disclaimers              

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.

Miscellaneous Terms of Use

We may be required by federal or state law to notify you of certain occurrences. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Sites or by delivering them to you via e-mail. You may update your e-mail address by visiting the Site where you have provided your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at info@janacalifornia.com.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Company and govern your use of the Site, superseding any prior agreements that you may have with us.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Arbitration               

These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel. YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) no disputes or claims relating to any transactions you enter into with a third party through the Site may be arbitrated. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).  If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

Submissions            

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.

Other          

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Notices

All formal notices from you to us shall be sent to: info@janacalifornia.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.