JIMMY JAZZ E-COMMERCE, LLC
Please read the following Terms & Conditions (these "Terms") carefully before using the Jimmy Jazz E-Commerce, LLC ("Jimmy Jazz", "we," "our," or "us") mobile application, before joining or participating in the Jimmy Jazz Release Raffle Program (referred to as "Raffle"), or before participating in any online features, products, services and/or programs that we offer (collectively, the "App").
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the App or participating in the Jimmy Jazz Release Raffle Program, you are entering into a legal contract with us regarding your use of the App and Raffle Program. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the App or Raffle Program.
1. Convenience and Information Only. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the App for your non-commercial use. The App is provided to you as a convenience and for your information only. By merely providing you access to and use of the App, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the App (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the App will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the App is or will be accurate or complete.
2. App Use and Content.
(a) Use of the App. The ownership of the App, Content, and all rights therein are and will remain with Jimmy Jazz. You may view, copy or print a single copy of any page from the App for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the App without our express, prior written consent.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the App; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the App, or disassemble the App, or otherwise attempt to derive the source code of the software that enables or underlies the App, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the App, or unduly burdening or hindering the operation and/or functionality of any aspect of the App; (v) attempt to gain unauthorized access to or impair any aspect of the App, or the related systems, servers, or networks; (vi) use the App to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the App or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
3. Updates. We may make changes to the App, the Content or these Terms or stop providing the App and/or any of the Content at any time and without further notice to you. We will make an effort to update the App with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the App after such posting constitutes your consent to be bound by the Terms, as amended.
5. Objectionable Material. You acknowledge that, in using the App and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the App at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
6. Not Intended for Children and Other Age Requirements. The App is not intended or designed to attract children under the age of thirteen (15). You affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
7. User Account, Password and Security.
(a) User Account. For certain types of features available through the App, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the App. You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Company of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) Accurate Information. In creating and using your User Account for the App, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the App (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) Non-Transferability of User Account. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the App with his or her UserID and password.
8. Disclaimer of Warranties. When using the App, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or any other information transmitted in connection with the use of the App. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND THE JIMMY JAZZ RELEASE RAFFLE PROGRAM ARE AT YOUR SOLE RISK. THE APP, THE CONTENT AND THE JIMMY JAZZ RELEASE RAFFLE PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APP, THE CONTENT, THE JIMMY JAZZ RELEASE RAFFLE PROGRAM OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE APP IS OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE APP, OR THE SERVERS USED IN CONNECTION WITH THE APP, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP OR THE JIMMY JAZZ RELEASE RAFFLE PROGRAM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE APP AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE APP.
9. Indemnification. You agree to defend, indemnify, and hold harmless Jimmy Jazz and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
10. Network Access and Devices. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the App, and we will have no obligation to verify the accuracy of that data. You are responsible for obtaining the data network access necessary to use the App. If you are accessing the App on your mobile device, your network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and any updates thereto. We do not guarantee that the App, or any portion thereof, will function on any particular hardware or devices. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
11. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE APP, FOR YOUR INABILITY TO PARTICIPATE IN THE JIMMY JAZZ RELEASE RAFFLE PROGRAM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, THE CONTENT PROVIDED ON OR THROUGH THE APP, AND/OR THE JIMMY JAZZ RELEASE RAFFLE PROGRAM. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE APP OR THE JIMMY JAZZ RELEASE RAFFLE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE APP, ANY CONTENT AND/OR THE JIMMY JAZZ RELEASE RAFFLE PROGRAM. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU PURCHASE OR THE SERVICES THAT YOU RECEIVE USING THE APP, THE CONTENT AND/OR THE JIMMY JAZZ RELEASE RAFFLE PROGRAM. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
12. Third Party Content. We may provide links to other Websites or Apps that are not under the control of Jimmy Jazz. These links are provided for convenience only and are not intended as an endorsement by Jimmy Jazz of the organization or individual operating the App or a warranty of any type regarding the App or the information on the App. Under no circumstances will we be held liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, reliance on, or any content, goods or services available on any other App to which the App links. We make no representation or warranty in connection with any third party content, which at all times and in each instance is provided "AS IS." If you decide to access any of the third party Apps linked to the App, you do so entirely at your own risk. If a third party links or refers to the App, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the App.
13. Intellectual Property. The Content of the App is intellectual property owned, controlled and/or licensed by us, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (App Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the App. All trademarks and service marks of Jimmy Jazz that may be referred to on the App are the property of Jimmy Jazz. Other parties' trademarks and service marks that may be referred to on the App are the property of their respective owners. Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks, service marks, logos, or copyrighted materials without our prior written permission.
15. Termination of Service. We may suspend or terminate your right to access portions of the App at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the App, to us, to our partners, to the business of our Internet service provider, or as we otherwise deem appropriate, in our sole discretion.
16. Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. Payment Terms. If you purchase any goods or services through the App, you agree to pay for those goods and services at the stated prices. All prices listed on the App are subject to change. We reserve the right to correct any misprints or errors in pricing and to make any revisions as necessary or advisable. Additional terms related to pricing and other fees associated with your use of the App or our products and services may be set forth on the App, and you agree to abide by those additional terms.
18. Release Raffle Program. This Section contains the Terms and Conditions that apply to the Jimmy Jazz Jimmy Jazz Release Raffle Program. Your participation in the Jimmy Jazz Release Raffle Program confirms your acceptance and agreement with these Terms and Conditions
(a) Eligibility. The Jimmy Jazz Raffle Program is open to residents of the United States only. Jimmy Jazz associates as well as the immediate family members of those associates are not eligible to enter the Raffle. The Raffle is subject to federal, state, and local laws and regulations and is void where prohibited.
(b) Entering the Raffle. Raffles can be entered only via the Jimmy Jazz Mobile app. Participants are allowed to enter one raffle per style only. Fraudulent or extra raffle entries will be cancelled and disqualified. There is no purchase necessary to enter.
Users willing to enter the raffle will need to be signed in to the app, select their size, and select up to three stores participating in that raffle. Please note, you will also be required to show a valid photo ID, as well as your raffle win confirmation message on the app.
(c) Drawing and Prize. The raffle drawing system will select one raffle winner per available unit per store. Winners of the raffle will be notified exclusively by the Jimmy Jazz in-app notification system, and each winner will have the right to buy the sneaker at the designated store once it is launched.
(d) Pickup Window. If you are chosen as a winner of a raffle, you will be notified within the app accordingly and will be expected to arrive at the selected store promptly during the specified pickup window. Raffle winners will not be granted special permission under any circumstances to buy their prize prior to the raffle start date and time, nor after the raffle end date and time. There are no exceptions to this policy.
(e) Buying the Raffle Sneaker. To be able to buy the raffle item, you will be required to validate your identity by showing a valid photo ID. This can be a government-issued license, school ID, or military ID. Store associates will validate your identity by matching your name to the list of winners. If the name on your ID does not match the name on their list, you will not be allowed to buy the sneaker.
(f) Forfeit Policy. Raffle participants who fail to purchase the sneaker by the pickup deadline in accordance with the Jimmy Jazz Release Raffle Program guidelines will effectively forfeit the opportunity to buy the sneaker. If the sneaker is not available to purchase for any reason, Jimmy Jazz reserves the right to cancel the raffle entry and/or substitute the raffle sneaker, based on availability.
(g) General Conditions & Disruptions. By downloading the App and entering the Raffle, you indicate your agreement to these Terms regarding the Jimmy Jazz Release Raffle Program. In the event that the Raffle is disrupted in any way, Jimmy Jazz reserves the right to nullify some or all raffle entries, in addition to the right to cancel the Raffle altogether, with or without notification to participants of the Raffle.
(h) Fraud and Terms Violation. Users of the App and Raffle found to disrupt, misuse, falsify, tamper with, or game the program for any reason will be immediately disqualified from the program. Jimmy Jazz will seek damages from users found to be in violation of the Terms.
(i) Limitation of Liability. In no event will we or our affiliates, or any of our respective officers, directors, agents, or other representatives, be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any king arising from your use of or inability to use the App and/or the content provided in connection with the Raffle.
(j) Dispute Resolution. You agree that any disputes, claims, and causes of action arising out of, or connected with, the Raffle shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New Jersey.
19. Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the App will be governed by the laws of the State of New Jersey, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New Jersey with respect to such matters.
20. Local Laws. We make no representation that any Content or materials on the App is appropriate or available for use in jurisdictions that are outside the United States. Access to the App from jurisdictions where such access is illegal is prohibited. If you choose to access the App from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
21. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from the App may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import laws or regulations in other countries. You are solely responsible for complying with all trade laws and regulations, both foreign and domestic, in your use and viewing of the App, the Content, the Jimmy Jazz Release Raffle Program and any of our products or services.
Your Consent To These Terms and Conditions of Use
By accessing and using the App, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, or if we impose new or additional terms and conditions on the Jimmy Jazz Jimmy Jazz Release Raffle Program, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the App and the Jimmy Jazz Release Raffle Program. Your use of the App and your participation in the Jimmy Jazz Release Raffle Program following any amendment of these Terms will signify your assent to and acceptance of the revised Terms, including with respect to for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the App that you think is inappropriate, please let us know by sending your comments or requests to:
Jimmy Jazz E-Commerce, LLC
80 Enterprise Avenue South
Secaucus, NJ 07094
Copyright © 2019. Jimmy Jazz E-Commerce, LLC. All Rights Reserved.
Effective as of: August 2020
Last updated: August 2020