JIMMY JAZZ E-COMMERCE, LLC - TERMS & CONDITIONS

JIMMY JAZZ E-COMMERCE, LLC

 TERMS & CONDITIONS

Please read the following Terms & Conditions (these "Terms") carefully before using the Jimmy Jazz E-Commerce, LLC ("Jimmy Jazz", "we," "our," or "us") website, located at www.jimmyjazz.com, before joining or participating in the Jimmy Jazz Fresh Selects Rewards Program (referred to as "Fresh Selects"), or before participating in any online features, products, services and/or programs that we offer (collectively, the "Website").


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 Website or participating in the Fresh Selects Rewards Program, you are entering into a legal contract with us regarding your use of the Website and Fresh Selects. 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 Website or Fresh Selects.


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 Website for your non-commercial use.The Website is provided to you as a convenience and for your information only.  By merely providing you access to and use of the Website, 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 Website (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 Website 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 Website is or will be accurate or complete.


2. Website Use and Content.


(a) Use of the Website. The ownership of the Website, 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 Website 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 Website 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 Website; (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 Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, 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 Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (v) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vi) use the Website 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 Website 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 Website, the Content or these Terms or stop providing the Website and/or any of the Content at any time and without further notice to you. We will make an effort to update the Website 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 Website after such posting constitutes your consent to be bound by the Terms, as amended.


4. Privacy and Electronic Communication. We know that privacy is important to you, and it is important to us as well. Personal information that you provide about yourself will be handled in accordance with our Privacy Policy, available at [http://www.jimmyjazz.com/privacy-policy]. By using the Website, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.


5. Objectionable Material. You acknowledge that, in using the Website and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Website 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 Website is not intended or designed to attract children under the age of thirteen (13).  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 Website, 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 Website.  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 Website, you agree to:  (i) provide true, accurate, current and complete information about yourself on any registration form required for the Website (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 Website with his or her UserID and password.


8. Disclaimer of Warranties. When using the Website, 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 Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE FRESH SELECTS REWADS PROGRAM ARE AT YOUR SOLE RISK. THE WEBSITE, THE CONTENT AND THE FRESH SELECTS REWARDS 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 WEBSITE, THE CONTENT, THE FRESH SELECTS REWARDS PROGRAM OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEBSITE IS OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, 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 WEBSITE OR THE FRESH SELECTS REWARDS PROGRAM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE 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 WEBSITE.


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 Website, 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 Website. If you are accessing the Website 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 Website and any updates thereto. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website 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 WEBSITE AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE WEBSITE, FOR YOUR INABILITY TO PARTICIPATE IN THE FRESH SELECTS REWARDS PROGRAM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE CONTENT PROVIDED ON OR THROUGH THE WEBSITE, AND/OR THE FRESH SELECTS REWARDS PROGRAM. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FRESH SELECTS REWARDS 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 WEBSITE, ANY CONTENT AND/OR THE FRESH SELECTS REWARDS 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 WEBSITE, THE CONTENT AND/OR THE FRESH SELECT REWARDS 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 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 website or a warranty of any type regarding the website or the information on the website.  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 website to which the Website 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 websites linked to the Website, you do so entirely at your own risk. If a third party links or refers to the Website, 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 Website.


13. Intellectual Property. The Content of the Website 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 (Website 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 Website. All trademarks and service marks of Jimmy Jazz that may be referred to on the Website are the property of Jimmy Jazz. Other parties' trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website 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.


14. Submissions.  While we appreciate your interest in Jimmy Jazz, we do not want and cannot accept any ideas or information you consider to be proprietary, including, but not limited to, product or advertising ideas, designs, product technology and other suggestions that you may have developed. Accordingly, any ideas, information, materials, suggestions, ideas, graphics, concepts, know-how, techniques or other information that you submit to Jimmy Jazz through the Website (each, a "Submission") will forever be the property of Jimmy Jazz. Jimmy Jazz will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere, and will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions. If any court should determine that we do not have exclusive ownership of any such Submission (or portion thereof), then you will be deemed to have granted to Jimmy Jazz a royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and contribute these materials throughout the world in any medium and through any methods of distribution, transmission and display, whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. This paragraph is not intended to apply to any personal information about you, the use of which will be governed by our Privacy Policy, available at http://www.jimmyjazz.com/privacy-policy.


15. Termination of Service. We may suspend or terminate your right to access portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, 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 Website, you agree to pay for those goods and services at the stated prices. All prices listed on the Website 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 Website or our products and services may be set forth on the Website, and you agree to abide by those additional terms.


18. Fresh Selects.  This Section contains the Terms and Conditions that apply to the Jimmy Jazz Fresh Selects Rewards Program. Your participation in the Fresh Selects Rewards Program confirms your acceptance and agreement with these Terms and Conditions.


(a) How It Works.  Users who have already created a User Account through the Website will need to enroll in the Fresh Selects Rewards Program to earn Fresh Selects Points.  New users will need to create a User Account through the Website, and will be asked to enroll in the Fresh Selects Rewards Program at that time. To access your Fresh Selects activity, Points history, and other loyalty information, you must be logged into your User Account on the Website.  You can cancel your Fresh Selects membership at any time by Clicking Here. Once your account is cancelled, your Fresh Selects Points will be voided and will not be available for future use.


(b) Earning Fresh Selects Points.  For each $1 that you spend on any qualifying purchase from Jimmy Jazz, you will be awarded 10 Points in the Fresh Selects Rewards Program.  In addition to placing an order, Fresh Selects Points can be earned by completing your profile, sharing Jimmy Jazz information on social media, and various other ways announced by Jimmy Jazz from time to time.


For More information about the Fresh Selects Rewards Program, please visit the How It Works[A2] page.


(c) Returns.  Jimmy Jazz Fresh Selects Rewards members who return any merchandise, whether online or in a Jimmy Jazz store, will forfeit their corresponding Fresh Selects Points for the value of the merchandise returned.  All returns are subject to the Jimmy Jazz Return Policy[3] [A4] and must be returned within the proper time frame.


(d) Bonus Points.  From time to time, Jimmy Jazz may offer bonus points that will permit Fresh Selects members to earn more points than usual for their purchases and activities. Such promotions will typically be communicated by email and in the Fresh Selects section of your My Account page.


(e) Redeeming Points. To earn and redeem points, you must be signed up for an account on JimmyJazz.com, with a username and password. [Once you have enough Fresh Selects points, you may redeem them for rewards. Your available rewards can be viewed at any time in the My Rewards section of the Fresh Selects Rewards Program. Fresh Selects points may be used on the website JimmyJazz.com.


(f) Termination.  Participation in the Fresh Selects Rewards Program is a benefit provided to Jimmy Jazz customers and can be suspended, revoked or terminated at any time by Jimmy Jazz for any reason. If your participation in the Fresh Selects Rewards Program is terminated, all benefits (including all accrued Fresh Selects Points and other program benefits) will automatically and immediately be forfeited. If your account is terminated, Jimmy Jazz will not have any liability to you for any unused points or any other program benefits. Jimmy Jazz reserves the right in its sole discretion to modify, suspend or cancel the Jimmy Jazz Fresh Selects Rewards Program without prior notice for any conduct that we, in our sole discretion, believe is in violation of acceptable use of the Fresh Selects Rewards Program. We also reserve the right to revoke Fresh Selects Points, in our sole discretion, granted to any participant who has tried to abuse or misuse the Fresh Selects Rewards Program in any way.


(g) Opt Outs.  If you have opted out of receiving email communications from Jimmy Jazz before you join the Fresh Selects Rewards Program, you will not receive any emails concerning the Fresh Selects Rewards Program unless you reactivate email communications. To reactivate email communications, please re-subscribe. You may opt-out of receiving Jimmy Jazz emails but still be part of the Fresh Selects Rewards Program.  However, you may not receive notice of all Fresh Selects offers and programs.


(h) Statements.  Fresh Selects members are not sent or otherwise provided with statements of itemized transactions.  You can check the balance of your Fresh Selects Points by calling (877) 307-5299 or through the Website at www.jimmyjazz.com/account. Click on "My Points".


(i) Fresh Selects Points Not Transferable.  Your Fresh Selects Points are not transferable and may not be combined from multiple Jimmy Jazz customers or conveyed by any means to any other person.


(j) Employees Not Eligible.  Employees of Jimmy Jazz are not eligible to participate in the Jimmy Jazz Fresh Selects Rewards Program.


(k) Commercial Use.  Products and services made available as Fresh Selects Rewards benefits are for personal use only; they may not be used for any commercial use. Any commercial use of any aspect of Fresh Selects Rewards, including Fresh Selects Rewards benefits, is prohibited. Team sales or other such multiple sales do not qualify for this program.


Fresh Selects Rewards and Fresh Selects Rewards benefits are offered at our sole discretion. We may, in our sole discretion, cancel, modify, restrict or terminate these Terms and Conditions, our Customer FAQs on Fresh Selects Rewards, Fresh Selects Rewards benefits and/or the Fresh Selects Rewards program or any aspect or feature of the Fresh Selects Rewards program at any time without prior notice.


We reserve the right to impose minimum values required for redemption or to cap limits on rewards points earned for any reason, including violating these terms and conditions or any conduct detrimental to Fresh Selects Rewards or otherwise not within the spirit of the program.


Fresh Selects Rewards membership is a privilege. The membership may be audited, revoked, or amended at any time by Jimmy Jazz or its agents without cause. All interpretations of Fresh Selects Rewards Program terms and conditions shall be at our sole discretion.

 

19. Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Website 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 Website is appropriate or available for use in jurisdictions that are outside the United States.  Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website 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 Website 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 Website, the Content, the Fresh Selects Rewards Program and any of our products or services.



Your Consent To These Terms and Conditions of Use


By accessing and using the Website, 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 Fresh Selects Rewards 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 Website and the Fresh Selects Rewards Program. Your use of the Website and your participation in the Fresh Selects Rewards 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 Website 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

Phone: 877-307-5299

Email: customerservice@jimmyjazz.com


Copyright © 2020. Jimmy Jazz E-Commerce, LLC. All Rights Reserved.


Effective as of: July 2019

Last updated: February 2020