Terms and Conditions Agreement
Last Revised: January 1, 2019
Welcome to the JazzyBearBrown.com site. Please read the following before you use the site. This site is not for children, and anyone under the age of 18 years old must only use this site under adult supervision.
This is an Agreement: By continuing to use JazzyBearBrown.com, you agree to follow, and that you are bound, by these Terms and Conditions. JazzyBearBrown.com has tried really hard to keep this Agreement as readable and straightforward as possible. This Agreement explains our obligations to you, and your obligations to us. We (JazzyBearBrown.com and its parent entities) reserve the right to change these Terms and Conditions at any time, and you agree by your continued use of our site, to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our site shall be subject to these Terms and Conditions.
We May Discontinue, Suspend Our Site, or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site or part thereof with or without notice. You agree that JazzyBearBrown.com and its parent entities, shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. JazzyBearBrown.com also reserves the right to terminate your access to our site for any reason, and to take any other actions that JazzyBearBrown.com, in its sole discretion, believes to be in the interest of JazzyBearBrown.com and its parent entities and of other users of the site.
Governing Law, Agreement to Arbitrate and Class Action Waiver: To help streamline the resolution of disputes, claims, and controversies under these updated Terms and Conditions, you now agree that both you and JazzyBearBrown.com and its parent entities, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the site, and that any such proceedings will be conducted only on an individual basis, and not as a class action, and under Iowa law.
What We Own: All material on the site, and all material and services provided by or through our parent entities, subsidiaries, employees, agents, affiliates, licensors or other commercial partners including, but not limited to, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us. As such they are protected by copyright, trademark, trade secret and other intellectual property laws. All JazzyBearBrown.com trademarks and service marks, logos, slogans and taglines are the property of JazzyBearBrown.com and its parent entities. Except as otherwise specifically provided below, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on JazzyBearBrown.com without our express written permission. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners.
Your Rights to Use What We Own: Subject to this Agreement, JazzyBearBrown.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials while browsing or accessing the site and only to the extent needed to use the site per this Agreement. This license does not permit you, and you as above, agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. We reserve all rights not expressly granted in this Agreement.
Third Party Sites and Services and No Implied Endorsement: JazzyBearBrown.com may contain links to other web sites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. JazzyBearBrown.com is not responsible for any activity occurring within Third Party Services and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
DISCLAIMER OF WARRANTY: THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY: WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES AND HOLD JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
EXCLUSIVE REMEDY: IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL JAZZYBEARBROWN.COM AND ITS PARENT ENTITIES, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Customer Service: As part of the services JazzyBearBrown.com offers, we may make live customer service agents available to you to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene these Terms and Conditions. In addition, JazzyBearBrown.com expressly disclaims any liability for information provided by its Customer Service Representatives to the extent the information is beyond or inconsistent with information set forth herein.
Copyright Complaint Information: JazzyBearBrown.com does its best to uphold copyright and trademarks for third-part entities and identify such to the user of JazzyBearBrown.com if materials are used on the site. If you believe any Materials infringe your copyrighted works, we will work with you to better identify your copyright, modify or remove the material and/or change the link to comply with your wishes. Please see our COPYRIGHT COMPLAINT POLICY for further information.
Last Updated: January 1, 2019
Access and Browsing Information We Gather: Like almost every other web site, we automatically gather information about your computer such as your IP address, browser type, browser settings, navigation through our sites, referring and exit pages, and operating system. This information does not include Personal Information. We may use third party tools and analytical services to gather and analyze this information.
Collection and Use of Personal Information: Some functions of our site might require Personal Information from you, which you would knowingly provide to us. Typically this would be things like your name and email address and other contact information. If you are paying for or securing services through the site, you may also be supplying us with financial information like back account numbers, debit and credit card information.
We may use this information to:
- Respond to you questions and concerns about our site and services
- Respond to Customer Service Requests
- Confirm, process, fulfill and deliver an Order.
- Assess the needs of our services for you
- Conduct research and analysis for our site and marketing
- Send you marketing communications
Information Sharing: We respect your Privacy and we do not sell or rent your Personal Information to third parties.
We may provide your Personal Information to companies only as necessary for them to provide these services to us both, such as credit/debit card processing, shipping your order or offering customer service. We may also disclose your Personal Information as required by law such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
To protect against fraud and misuse of our Site and Services, we actively analyze purchases, attempted purchases and use of the Site and Services to help us identify and block individuals suspected of misuse and/or fraudulent activity. We may use that information, in conjunction with our security partners and/or law enforcement to protect JazzyBearBrown.com and its parent entities’ business and systems, your Personal Information and assist those we reasonably believe may have been victimized by such fraudulent use of the Site and Services. We may share data (including, but not limited to, suspect payment information, email addresses, IP addresses, etc.) with our payment processors, and law enforcement, in an effort to reduce fraud. You consent to the provision of this information (including keyword search data) for such investigative purposes.
Third Party E-Commerce Solutions Provider: Our online shopping cart interacts with established PCI-DSS compliant third-party credit processing vendors via SSL links. They host and collect your billing information for the purpose of processing your order and subscriptions. We use an established third-party vendor via SSL links to manage processing of refunds and updates of credit card and debit card numbers and expiration dates. These companies do not use this information for any other purpose. We do not store credit card and debit card numbers on our servers or systems. In order to make a purchase from us, you must use our third party credit processing vendor to finalize and pay for your order. Their privacy statement and security practices will also apply to your personal Information. We encourage you to read that privacy statement before providing your information.
Links to Other Web Sites: Our Site may include links to other Web sites whose privacy practices may differ from those of JazzyBearBrown.com, and if you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policies of any Web site you visit.
Security: When we collect Personal Information directly from you, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security. If you have any questions about security on our Site, please contact us.
End of Terms and Conditions Agreement
Copyright Complaint Policy
Copyright Complaint Information: JazzyBearBrown.com does its best to uphold copyright and trademarks for third-part entities and identify such to the user of JazzyBearBrown.com if materials are used on the site. If you believe any Materials infringe your copyrighted works, we will work with you to better identify your copyright, modify or remove the material and/or change the link to comply with your wishes. If you simply want the material identified with your copyright and/or the link changed, please contact us. For removal of infringing content, please follow the instructions below.
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the JazzyBearBrown.com site and you did not authorize the use of the content you must notify JazzyBearBrown.com in writing in order for us to identify the allegedly infringing content and take action. Per the The Digital Millennium Copyright Act of 1998 (the “DMCA”), Title 17, United States Code, Section 512(c)(3)(A), simply contact us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Misrepresentations: Please also note that under applicable law, DMCA Title 17, United States Code, Section 512(c)(3)(f), any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. We suggest that you consult your legal adviser before filing a notice or counter-notice.