TERMS OF USE

 

Welcome to the Jenna In White, LLC (“JIW”) websites, which include but are not limited to www.jennainwhite.com and www.winaweddingdress.com (the “Sites”). The Sites are provided as a service to our customers. Please carefully review the following terms of use, which govern your use of the Sites and any transactions that you engage in through the Sites (“Terms of Use”).

 

By accessing, viewing, or using any of the Sites, you acknowledge that you have read, understand, and agree with these Terms of Use, and that you agree to follow and be bound by them. You further agree that we may modify or update the Terms of Use at any time without prior notice, and that you will be bound by any such updated Terms of Use. Therefore, we encourage you to review the Terms of Use each time you use any of the sites. If you do not wish to be bound by these terms, please do not use the Sites.

 

1.      Use of Sites.

 

The Sites are provided solely for the use of current and future customers of JIW to provide you with information about our company, to permit you to place orders for our products and services, to participate in events or promotions that we may offer, and to enable you to contact us with any questions or comments that you may have. Any other use of the Sites is prohibited. By way of example, you should not use any features of the Sites that permit communications or postings to post, transmit, display, or otherwise communicate:

 

i. any defamatory, libelous, threatening, obscene, harassing, or otherwise unlawful information;

 

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;

 

iii. any encouragement of illegal activity;

 

iv. unauthorized use or disclosure of private, personally identifiable information of others; or

 

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

 

2.      Site Contents and Ownership.

 

Unless otherwise noted, the Sites and all content, information, and materials contained on the Sites, including, without limitation, all text, writings, images, photographs, videos, illustrations, designs, icons, logos, copyrights, trademarks, trade dress, and/or other intellectual property (collectively, “Contents”) are the property of JIW and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.

 

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Sites. You must retain all copyright and other proprietary notices on all copies of the Contents that you are authorized to use by these Terms of Use. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents.

 

3.      Disclaimer of Warranty

 

You expressly agree that use of the Sites is at your sole risk. Neither JIW or its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that the Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Sites, or as to the accuracy, completeness, reliability, security, or currency of the Contents.

 

The Contents may contain errors, omissions, inaccuracies, or outdated information. JIW does not warrant reliability of any statement or other information displayed or distributed through the Sites. JIW reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Sites. JIW may make any other changes to the Sites, the Contents, and the products, programs, services, or prices (if any) described in the Sites at any time without notice.

 

THIS SITES AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITES ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. JIW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE CONTENTS, INFORMATION, OR MATERIALS ON THIS SITES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JIW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENTS, MATERIALS, OR INFORMATION ON THE SITES OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITES, OR YOUR USE OF THE SITES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT A JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

 

4.      Personal Information Obtained Through Your Use of Sites

 

Click here to access JIW’s Privacy Policy governing the use of information that JIW obtains from you through your use of this website.

 

5.      LIMITATION OF LIABILITIES

 

YOU AGREE THAT JIW AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE CONTENTS, MATERIALS, OR INFORMATION ON THE SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL JIW OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR IN ANY WAY RELATED TO THE CONTENTS, MATERIALS, OR INFORMATION ON THE SITES OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE SITES, YOUR USE OF, OR INABILITY TO USE, THE SITES GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF WHETHER JIW OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

6.      Indemnification

 

You agree to indemnify, defend, and hold harmless JIW, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

 

7.      Limitations on Claims

 

Any cause of action you may have with respect to JIW or your use of the Sites must be commenced within one year after the claim or cause of action arises.

 

8.      Dispute Resolution

 

a.      Informal Dispute Resolution

 

You and JIW agree that, in the event of any dispute, controversy, claim, or action arising out of or related to any transaction conducted on the Sites or your use of the Sites, or the breach, enforcement, interpretation or challenge to validity of these Terms of Use or any part herein (“Dispute”), neither you nor JIW will initiate any arbitration proceeding or file any claim against the other party until the party asserting the Dispute has provided written notice, including all relevant documentation) of the Dispute and attempted in good faith to settle the Dispute with the other party for 30 days. Notice should be sent to JIW at 2685 Coolidge Hwy., Berkley, MI 48072, and to you at the last address we have on file or any other address at which we may provide you notice, including any email address you may have provided us. This requirement shall not apply to actions seeking to enjoin the improper use of any trademarks or intellectual property of JIW or its affiliates. You and JIW agree that the dispute resolution procedure set forth in this paragraph is a condition precedent to filing any arbitration or any claim involving a Dispute.

 

b.      Arbitration Agreement

 

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described in paragraph 8, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms of Use and with respect to any Dispute. You and JIW expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

 

You may begin an arbitration proceeding after completing the informal dispute resolution procedure described in paragraph 8 by sending a letter requesting arbitration to JIW at 2685 Coolidge Hwy., Berkley, MI 48072. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.

 

c.       Waiver of Right to Bring Class Actions and Representative Claims

 

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, any relief must be individualized to you and shall not affect any other customer or user of JIW or the Sites. You and JIW agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and JIW hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must be treated as established by the court; the remainder shall remain subject to the unaffected provisions of these Terms of Use.

 

d.      Other Terms

 

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after these Terms of Use terminate or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

 

9.      Term and Termination

 

Without limiting its other remedies, JIW may immediately discontinue, suspend, terminate, or block your and any user’s access to the Sites at any time in our sole discretion.

 

10.  Disclaimer Regarding Hyperlinks

 

As a convenience to you, we may provide on the Sites links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave the Sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, and img links) are not maintained, controlled, or otherwise governed by JIW. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by JIW. JIW does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by JIW. Links do not imply that JIW or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of JIW or any of its affiliates or subsidiaries. Except for links to information authored by JIW, JIW is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. JIW reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

 

11.  Controlling Law, Jurisdiction, and International Users

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. JIW makes no representation that the Sites or Contents are appropriate or available for use outside the United States. If you access the Sites from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of the Sites. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Oakland County, Michigan for any disputes with JIW arising out of your use of this site.

 

12.  Entire Agreement

 

These Terms of Use constitute the entire agreement between JIW and you with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and JIW with respect to the Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion of them to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

13.  Modifications to Terms of Use

 

We may modify the Terms of Use at any time and you agree to be bound by the revised Terms of Use. Any such modifications will become effective on the date they are first posted to any of the Sites. It is your responsibility to return to these Terms of Use from time to time to review the most current terms and conditions. JIW does not and will not assume any obligation to notify you of changes to these Terms of Use.

 

14.  Electronic Communications and Electronic Signatures

 

You agree to be bound by any affirmation, assent, or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from JIW solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.