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Jingle Bell Joy

Terms and Conditions of Use

PR Designs LLC Terms and Conditions of Use

Welcome to the website of PR Designs, LLC doing business as Jingle Bell Joy (the “Company,” “we,” or “Jingle Bell Joy”). The following terms and conditions, together with any documents and agreements that are expressly incorporated by reference (collectively, these “Terms of Use”), govern your (“User,” “you,” or “your”) access to and use of https://jinglebelljoy.net/ including our store and all functions (collectively, the “Website”) and the products available for sale on the Website (collectively defined herein as the “Products”). BY VISITING, ACCESSING OR USING THE WEBSITE OR BY PURCHASING OR USING THE PRODUCTS, YOU ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY, AS MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH ITS TERMS, WHICH CAN BE FOUND https://jinglebelljoy.net/privacypolicy AND WHICH IS EXPRESSLY INCORPORATED HEREIN (THE “PRIVACY POLICY”). PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE OR USE THE PRODUCTS.

The Website and the Products are offered and available only to Users who are 18 years of age or older, and reside in the United States of America or any of its territories or possessions. By using the Website or the Products, you represent and warrant that you are at least 18 years of age and competent to form a binding contract with Jingle Bell Joy and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Products.

1. CHANGES TO THE TERMS OF USE

The Company may revise and update these Terms of Use from time to time in its sole discretion and timing. All revisions, updates, and changes are effective immediately when posted to the Website, and apply to all access to and use of the Website and the Products thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website or the Products following the posting of revised, updated, or changed Terms of Use means and constitutes your notice of and acceptance and agreement to the revisions, updates, or changes. You are expected to check, read, and agree to this page each time you access the Website or purchase or use the Products so you are aware of any revision, update, or change, as they are binding on you. 

2. WEBSITE ACCESS

The Company reserves the right to withdraw or amend the Website or any Products at any time, in its sole discretion without notice. The Company will not be liable to you if, for any reason, any part of or the entire Website or Products are unavailable for your access, use, or purchase at any time or for any period. From time to time, Jingle Bell Joy may restrict access to some parts of the Website, or the entire Website, or the Products, to you or all or any other Users. The Company reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

You are responsible for, without limitation, the following:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or to purchase the Products, you may be asked to provide certain information. It is a condition of your use of the Website and your use or purchase of the Products that all information you provide on the Website is correct, current, and complete. You agree that all information you provide on the Website or otherwise, including, without limitation, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions Jingle Bell Joy takes with respect to your information consistent with the Privacy Policy. 

3. PAYMENT TERMS

You acknowledge and agree that you will pay for all Products you purchase from Jingle Bell Joy, and that Jingle Bell Joy or a third-party payment processor may charge your credit card account, as provided by you at the time of sale or at such other time, including any taxes, late fees, shipping charges, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase. 

4. PURCHASES

The Company may allow Users to place Orders (as defined below) for Products from the Website. The term “Order” or “Orders” means any order placed by you for Products from the Website that are accepted by Jingle Bell Joy. In the event that you place an Order to purchase Products from the Website, you are subject to the additional terms of this Section 4. Upon placing an Order, you shall pay to Jingle Bell Joy the purchase price set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Jingle Bell Joy may, but is not obligated to, require additional verifications or information before accepting your Order. The Company and its affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes will be applied to your chosen method of payment upon submission of your Order. Prices and availability of Products are subject to change without notice to you. Errors will be corrected where and within a commercially reasonable period of time of when discovered, and Jingle Bell Joy reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Jingle Bell Joy will issue you the appropriate credit if and within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to Jingle Bell Joy that you are an authorized signatory of the credit card, debit card, or other method of payment that you provide to Jingle Bell Joy or its third-party payment processor to pay the purchase price and any applicable fees, taxes, shipping, or other charges related to your purchases of Products via the Website. In the event you purchase a Product that must be delivered to you, such Products will be shipped by Jingle Bell Joy and/or its third-party contractors within a commercially reasonable time after processing your Order. Delivery time may vary depending on the delivery method selected and Product availability. The Company does not guarantee delivery at any certain time and is not responsible for delivery delays. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

5. CONTENT AND PRICING INFORMATION

Although Jingle Bell Joy strives to provide accurate pricing information on its Website, pricing or typographical errors may occur. The Company cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Jingle Bell Joy has the right, at its sole discretion, to refuse or cancel any Orders placed for that Product. In the event that a Product is mispriced, Jingle Bell Joy may, in its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. The Company attempts to be accurate in its Product descriptions; however, Jingle Bell Joy does not warrant that Product descriptions, product images, product pictures, or other content of the Website is accurate, complete, reliable, current, or error-free. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other User of the Website or by anyone who may be informed of its contents.

6. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website or the Products:

In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries. 

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or products, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use below.

To transmit, or procure the sending of, any advertising or promotional material without Jingle Bell Joy’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate PR Design, a Company employee, another User, client, or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Products, as determined by PR Design.

To license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Products or make the Products available to any third party.

  • Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Jingle Bell Joy’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • 7. INTELLECTUAL PROPERTY RIGHTS
  • The Website and its entire contents, features, and functionality, including, but not limited to, all information, software, text, logos, trademarks, names, designs, displays, images, video, and audio, and the design, selection, and arrangement thereof, and the Products are wholly owned by Jingle Bell Joy or its affiliates or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 
  • Unless authorized in writing by Jingle Bell Joy, these Terms of Use permit you to use the Website and the Products for your personal, non-commercial use only. These Terms of Use do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Website, the Products, or any intellectual property rights owned or licensed by Jingle Bell Joy. The Company and the Website’s logo, and all related names, including, without limitation, logos, product and service names, designs, and slogans are trademarks of Jingle Bell Joy or its affiliates or licensors, as applicable. You must not use such marks without the prior written permission of Jingle Bell Joy.
  • Unless otherwise permitted under these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, modify copies of any materials from the Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.  
  • Any use by you of the Website or the Products not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use by you and may violate copyright, trademark, and other laws.
  • Certain trademarks, trade names, service marks, and logos used or displayed on the Website are registered or unregistered trademarks, trade names, and service marks of Jingle Bell Joy or its affiliates or licensors. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website without the written permission of Jingle Bell Joy.
  • 8. USER CONTRIBUTIONS
  • The Website may, now or in the future, contain areas where Users may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (each a “Post”) content or materials (each a “User Contribution”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use below.
  • Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant Jingle Bell Joy and its affiliates and service providers, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Contributions you Post and have the right to grant the license granted above to Jingle Bell Joy; and (b) all of the User Contributions you Post do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contribution you Post and you, not Jingle Bell Joy, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and compliance with the Content Standards set out herein below. The Company is not responsible or liable to you or any third party for the content, accuracy, or compliance of any User Contributions.
  • The Company reserves the right, but not the obligation, to (1) remove or refuse to display any User Contribution for any or no reason in its sole discretion; and (2) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion.
  • Without limiting the foregoing, Jingle Bell Joy has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone who Posts or submits User Contributions to the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  • Notwithstanding the foregoing, Jingle Bell Joy does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, Jingle Bell Joy assumes no liability for any action or inaction regarding transmissions, communications, Posts, User Contributions, or other content provided by any User or third party. The Company has no liability or responsibility to anyone for performance or non-performance of any of the activities described in this Section 8.

9. CONTENT STANDARDS

These content standards apply to any and all User Contributions and any and all use of the Website. You represent, warrant, and covenant that any User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you are responsible for ensuring that your User Contributions do not: 

  • Contain any material that violates any law, or is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or third party.
  • Violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by Jingle Bell Joy or any other person or entity if untrue.

10. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other User or visitor to the Website or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jingle Bell Joy, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Jingle Bell Joy. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information Jingle Bell Joy collects on the Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by Jingle Bell Joy with respect to your information in compliance with the Privacy Policy.

12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURE

You may link to the Website, provided you do so in a way that is fair and legal and does not damage Jingle Bell Joy’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Jingle Bell Joy’s part without Jingle Bell Joy’s express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content or links to certain content on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or any third-party websites.

You may use the Website features solely as they are provided by Jingle Bell Joy solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with Jingle Bell Joy in causing any unauthorized framing or linking to immediately cease. The Company reserves the right to withdraw linking permission without notice. The Company may disable all or any social media features and any links at any time without notice in its sole discretion.

13. LINKS FROM THE WEBSITE

If the Website contains any links to other sites and resources provided by third parties, Jingle Bell Joy provides these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. RETURN/EXCHANGE POLICY

We do not accept returns unless an item is incorrect or defective. The Company will accept, within thirty (30) days of purchase, products that are undamaged, and in their original packaging for store credit.

If an incorrect or defective product is shipped to you, we will replace it at no cost to you. If you have received a defective product, please visit https://jinglebelljoy.net/contact/ and submit an email with details, and we will contact you to resolve the issue. At this time, we do not accept returns, and exchanges are only accepted if we ship an incorrect or defective product.

15. DISPUTE RESOLUTION/ARBITRATION

Any claim, controversy, or dispute arising out of, or related to, these Terms of Use or the breach, termination, enforcement, or interpretation thereof, or the use of the Website or the Products (collectively the “Disputes”) is subject to this Section 15. 

(a) Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, You and Company each agree to notify the other party of the Disputes and attempt to negotiate an informal resolution to it first. Company will contact you at the email address you have provided to us; You can contact Company’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules. 

(b) Agreement to Arbitrate. You and Company mutually agree that any Disputes will be settled by binding arbitration. If there is a dispute about whether this arbitration agreement can be enforced or applies to the Disputes, you and Company agree that the arbitrator will decide that issue. 

(c) Exceptions to Arbitration Agreement. You and Company each agree that the following claims are exceptions to the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). 

(d) Modification of AAA Rules – Attorney’s Fees and Costs. You and Company each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules. 

(e) Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 

(f) Jury Trial Waiver. You and Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 

(g) No Class Actions or Representative Proceedings. You and Company acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute. 

(h) Severability. In the event that any portion of this Section 15 is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

16. MISCELLANEOUS

Geographic Restriction. This Website is for use only by persons located in the United States of America.  The Company makes no claims that the Products, the Website, or any of its content is accessible or appropriate outside of the United States of America. The Products and/or access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE AND THE PRODUCTS ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. 

Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL THE COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE PRODUCTS EXCEED THAT AMOUNT PAID TO THE COMPANY BY SUCH USER FOR THE APPLICABLE PRODUCTS. IN ADDITION, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PRODUCTS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. These limitations apply notwithstanding any failure of the essential purpose of any limited remedY.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIERS OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN OR REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICY, IF ANY, POSTED ON THE WEBSITE.

Indemnification. You agree to defend, indemnify, and hold harmless Jingle Bell Joy, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Website or the Products, including, but not limited to, any use of the Website’s content, services, and Products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law. These Terms of Use and the relationship between you and Jingle Bell Joy will be governed by the laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule whether of the State of Ohio or any other jurisdiction.

Venue; Jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Website, or the Products shall be instituted and litigated exclusively in the state or federal courts located in the County of Delaware, State of Ohio. You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.

Attorneys’ Fees; Breach for Nonpayment.If Jingle Bell Joy has to institute any legal action or other negotiation or proceeding to enforce the terms of these Terms of Use, Jingle Bell Joy will be entitled to recover its reasonable attorneys’ fees, fees, and costs if it is the prevailing party. As used herein, Jingle Bell Joy is the “prevailing party” if it receives a final judgment, order, or decree rendered or entered in its favor. 

Waiver of Jury Trial. In the event any litigation arises between you and Jingle Bell Joy in any state or federal court, you and Jingle Bell Joy waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.  All claims and disputes within the scope of these Terms of Use must be mediated or litigated on an individual basis and not on a class basis, and claims of more than one User cannot be mediated or litigated jointly or consolidated with those of any other User.

No Assignment. You may not assign your rights under these Terms of Use without Jingle Bell Joy’s prior written consent, and any attempted assignment will be null and void.  

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE PRODUCTS MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, NOTWITHSTANDING ANY APPLICABLE STATUTES OF LIMITATIONS. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver. No failure by Jingle Bell Joy to enforce any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PR Design to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

Entire Agreement. These Terms of Use and the Privacy Policy and any other written agreement constitute the sole and entire agreement between you and Jingle Bell Joy with respect to the Website and the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Products. 

Export. The Website and Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data or Products acquired from Jingle Bell Joy in violation of the United States export laws or regulations.

Notices. The Company may give notice to you by email or other reasonable means. You shall give notice to Jingle Bell Joy by certified mail (postage pre-paid and return receipt requested) to:

EMAIL: [email protected]
HOURS OF OPERATION: Monday – Friday, 9AM-5PM EST

QUESTIONS. 
Please contact Jingle Bell Joy with any questions regarding these Terms of Use by emailing [email protected] 

Last Modified: September 24, 2019
Update Log: N/a

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