Welcome to Jenine Lori’s Storefront (“Site”). We look forward to helping you grow. This Agreement sets forth Your rights and obligations as a Site user. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “Jenine Lori” is a trademark of JQS Enterprises (JQS), Inc..
B. “Parties” mean JQS and You. JQS and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a Site User account. “User Account” refers to a Site User Account.
E. “You” and “Your” means the Site User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Site User
By clicking “I Agree” to these Terms, transferring payment to JQS, and creating a User Account, You become a Site User. There are various products and services available to Users, and monthly prices applicable to such products and services. JQS’s products, services, and prices are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing JQS Your credit card information You authorize JQS to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of JQS services, and unless You terminate this agreement as provided herein, You agree that JQS may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
III. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from JQS sold under any of its brands or related brands, including without limitation JQS Enterprises, Inc. or Jenine Lori, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting Jeninelori@gmail.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to JQS immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to JQS in like-new, or re-sellable condition, as determined in JQS’s sole, reasonable discretion.
IV. No License to use JQS Marks
Any content on any JQS website may constitute the intellectual property of JQS. Except where expressly authorized, no material on any JQS website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Jenine Lori trademark and logo are proprietary marks of JQS, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by JQS or any of JQS’s affiliates.
You agree to protect, defend, indemnify and hold harmless JQS, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against JQS for liability for payments for, damages caused by, or other liability relating to, You.
VI. Force Majeure.
JQS will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of JQS. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. JQS shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
VII. Assignment of Rights.
JQS may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without JQS’s or its assigns express written consent.
VIII. Information; Registration.
User Names and Passwords
As a Site User, You will be required to create an account with JQS. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password. You are fully responsible for all transactions with, and information conveyed to, JQS under Your User Account. You agree to immediately notify JQS of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that JQS is not liable, and You will hold JQS harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
If You have any questions or complaints concerning any of the Terms, You may contact JQS by e-mail at JenineLori@gmail.com, or by regular mail at 1346 Sun Dial Drive Tustin, CA 92782
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
X. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against JQS shall be resolved exclusively in binding arbitration in Orange County, California. You agree not to file suit against JQS or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and JQS. In the event that You and JQS are unable to reach agreement on an Arbitrator, You and JQS will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and JQS will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and JQS and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against JQS to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against JQS may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents JQS from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect JQS’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or JQS commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XI. Changes to Terms
JQS reserves the right to change these Terms, in whole or in part, from time to time at JQS’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms. By Your continued use of JQS’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by JQS of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way, defines or explains any section or provision hereof.
Any notice required to be given to JQS under or related to these Terms must be in writing, addressed as follows:
1346 Sun Dial Drive.
Tustin, CA 92782
General Support and Inquiries: Jeninelori@gmail.com
Copyright 2018 - JQS Enterprises, Inc. - All Rights Reserved