Terms and Conditions
Last updated: August 30, 2020
Please read these Terms and Conditions policy carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This website is operated by DEARJOOKWAK. Throughout the site, the terms “we”, “us” and “our” refer to DEARJOOKWAK. DEARJOOKWAK offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Online Store Terms regarding Age of Majority applies. You represent that you are of or over the age of 18. DEARJOOKWAK does not permit those who are not yet of the age of 18 to use the Service. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in our state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
The Children’s Online Privacy Protection Act (COPPA) applies. It mandates that website that collect info about users aren’t allowed to sign on anyone under the age 13.
Use of Our Products
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Use of Our Service
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Partial Invalidity and Disclaimer
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Please refer to Disclaimer.
Additional Policies At Footer of Each Page
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including Terms of Sales herewith and those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please refer to Terms of Sale below.
TERMS OF SALES INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to DEARJOOKWAK, est. 2019, Gardena, California, USA.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: California, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale (i.e. selling) on the Service.
Goods on Sale (i.e. discount) refers to the items offered at a reduced prices.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the DEARJOOKWAK Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
DEARJOOKWAK Website refers to DEARJOOKWAK-OnlineShop20191008, accessible from https://www.dearjookwak.com, My First Store – 2019, accessible from https://www.my1store2019.com, and other websites doing business under the name of DEARJOOKWAK.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
A Dropshipping Model Website: www.my1store2019.com
We are supplying custom made and/or standard goods made in China, United States, and many other countries.
Terms of Sale
Goods are sold to another business customer on standard terms and it would be better to ensure and make it clear where everyone stands if something ever goes wrong. The Sales terms agreement on orders, delivery, pricing, payment, risk, warranties, defects, liability (for defective goods or breach of contract) and confidentiality are covered in this section of the Terms and Conditions namely Terms of Sale. So that they should be available to a customer before or at the time an order is placed and so they could be binding.
Online Store Terms regarding Age of Majority applies. It is 18 years of age in California. The Children’s Online Privacy Protection Act (COPPA) applies. It mandates that website that collect info about users aren’t allowed to sign on anyone under the age 13.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
*** Choose a Product and Pay –>Process to Order (1-5 business days) –> Verify the Order (1-2 days) –> Logistics packing/register track info–>Shipped Orders are made–> Customer
SECTION 1. PLACING ORDERS REQUIRE YOUR INFO
Customer needs a Good and places an Order via DEARJOOKWAK online store. It takes about 1 to 5 business days once you choose a product to buy for us to gather info to process order. At the checkout, you may be asked to supply certain info relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. (ACCURACY OF BILLING AND ACCOUNT INFORMATION)
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Once approved, DEARJOOKWAK and customer will get an email confirmation (likely identical) of the new order that is automatically generated by the store software.
Earlier when Customer payment was captured during the checkout process, the payment amount would be automatically deposited into DEARJOOKWAK’s bank account. DEARJOOKWAK forwards the email order confirmation to AliExpress for instance the dropshipping supplier. AliExpress has DEARJOOKWAK’s credit card on file and will bill it for the wholesale price of the goods, including any shipping or processing fees. Assuming the item is in stock and AliExpress charges DEARJOOKWAK’s card, AliExpress will go ahead and pick and pack and box up the order and register a tracking number (unless some free shipping method is being selected that customer doesn’t receive tracking number service) within 1 to 2 days and then ship it directly to the customer. Once the shipment is on its way, AliExpress will email a tracking number to DEARJOOKWAK.
Once the tracking number is received and available, DEARJOOKWAK will send the tracking info to the customer, likely using an email interface that’s built in DEARJOOKWAK online store interface. With the order shipped, the payment collected and the customer notified, the order and fulfillment process is complete.
It was about 1 to 5 days to process the order plus 1 to 2 days of logistically getting ready to picking and packing and registering a tracking number before actual shipping. Average 2 to 7 days it takes for an order to be fulfilled. (Shipped).
When the package is received, if the customer receives the wrong item, he/she would contact DEARJOOKWAK, which would then coordinate behind the scenes with AliExpress to get the right item sent out, unless no exchanges are allowed, or to seek a refund from the supplier to the customer. There are several criteria.
On delivery time, Refunds, Cancellation, please refer to the Shipping & Returns policy.
SECTION 2. ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Shipping & Return Policy.
YOUR ORDER CANCELLATION RIGHTS
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Shipping & Returns policy.
Our Shipping & Returns policy forms a part of these Terms and Conditions. Please read our Shipping & Returns policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
AVAILABILITY, ERRORS AND INACCURACIES
- We are constantly updating choice products in our website. The Goods are sometimes mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites despite effort to avoid such errors.
- We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 3. PRICES POLICY
The price displayed for products on our site is based on the suggested retail price for the product provided to https://www.my1store2019.com by AliExpress and Woocommerce. Merchandise pricing in general represents the estimated regular retail value of a comparable item of similar quality offered elsewhere and at the same time a set price may or may not represent the prevailing price we make no promises about the reliability or accuracy of any such information.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 4. PAYMENT
All Goods purchased are subject to a one-time payment.
For each product you order on our site, you agree to pay the price applicable for the product at the time you submit your order. Currently, DEARJOOKWAK bears duties and taxes for our purchases. The final order total consists of the price of your items and its correspondent shipping cost. Payment will be deducted from your PayPal account or credit/debit card account.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
SECTION 5. SUBSCRIPTIONS
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
- You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
- Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
- The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
- Except when required by law, paid Subscription fees are non-refundable.
- Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
- The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
- You may be required to enter Your billing information in order to sign up for the Free trial.
- If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
- At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
SECTION 6. PROMOTIONS
- Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
SECTION 7. USER ACCOUNTS
- When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
- You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
- You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
SECTION 8. CONTENT
YOUR RIGHT TO POST CONTENT
- Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
- By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
- You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
- You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
- The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
- Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
- Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
- The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
- You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
SECTION 9. COPYRIGHT POLICY
- INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
- DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at firstname.lastname@example.org.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
SECTION 10. INTELLECTUAL PROPERTIES
- The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
- The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
- Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
SECITON 11. YOUR FEED BACK TO US
- You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
SECTION 12. THIRD-PARTY LINKS
- Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 PERSONAL INFORMATION
SECTION 14. ERRORS, INACCURACIES AND OMISSIONS
Please refer to Terms of Sales, Your Right to Cancellation, and Availability, Errors and Inaccuracies.
Please refer to Content, Reserved right to determine whether a content is appropriate and complying to this Terms, refuse or remove
SECTION 15. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrate; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website, without prior notice or liability, for any reason whatsoever, including without limitation for violating any of the prohibited uses. (TERMINATION)
SECTION 16. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
SECTION 17. BUYER PROTECTION ALIEXPRESS
All products on Buyer Protection are guaranteed to be delivered within within 60 days (90 days for deliveries to Russia,120 days for deliveries to Brazil). If you buy any product through the site, you are protected if you don’t receive your order on time or if the items you received are not as described.
SECTION 18. LIMITATION OF LIABILITY
- Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
- To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
- Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
SECTION 19. “AS IS” AND “AS AVAILABLE” DISCLAIMER
You expressly agree that your use of, or inability to use, the service is at your sole risk.
- The service and all products and services delivered to you through the service are (except as expressly stated by us) provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
- Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
- Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law
SECTION 20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless DEARJOOKWAK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21. GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, USA. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
- If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. (DISPUTES RESOLUTION)
- If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. (FOR EUROPEAN UNION (EU) USERS)
- If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101. (UNITED STATES FEDERAL GOVERNMENT END USE PROVISIONS)
- You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. (UNITED STATES LEGAL COMPLIANCE)
SECTION 22. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. (WAIVER)
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. (TRANSLATION INTERPRETATION)
SECTION 24. CHANGES TO TERMS & CONDITIONS
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and change to our website. If a revision is material We will make reasonable efforts to provide a prior notice at Our sole discretion. It is your responsibility to check our website periodically for changes. Your continued use of changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 25. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at: