In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Junattraction.com (the "Site"). These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Junattraction and you will not take place unless and until you have received your order confirmation email. At any time before we have sent your order confirmation email, you have the option to cancel your order by emailing a cancellation notice to our Customer Service Department at firstname.lastname@example.org. As each product you order is made to your specifications, ONCE YOUR ORDER CONFIRMATION IS SENT BY JUNATTRACTINO.COM VIA EMAIL, YOUR ORDER CANNOT BE CANCELED. As a result, please make sure you are satisfied with your order before you place it.
2. PRICES AND PAYMENT TERMS
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit and debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(c) Payments are made through our third-party payment gateway.
3. SHIPMENT, DELIVERY, TITLE AND RISK OF LOSS
(a) We will arrange for shipment of the products to you. Junattraction will deliver your order through the delivery method of its selection. Junattraction will deliver your order free of charge and handling fees in selected territories on selected items and services: Consumers in the Continental United States (lower 48 States and the District of Columbia) territories will have free freight GROUND level of services on selected items. Consumers in these territories are responsible for the difference when selected other expedited services like 2nd Day Air, 3-Day Select, Next Day Air when applicable. Consumers outside of Continental United States (HI, AK); in Canada; and in Mexico will have freight and handling surcharges applied during checkout process.
(b) Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. RETURNS AND REFUNDS
For all Junattraction products for sale on this site, we encourage you to make sure you are satisfied with your choices before placing your order. If, however, you decide that you need to return the product you order, we will accept a return of the product(s) for a refund of your purchase price, provided such return is made within 14 days of delivery and provided such products are returned in their original condition. To return products, you must email our Customer Service Department, email@example.com before shipping your product.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately 5-10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We currently do not offer exchange at this moment.
5. LIMITED WARRANTY; LIMITATION OF LIABILITY.
Disclaimers; No Warranties
a) All services and products available from Junattraction are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law. Junattrqaction and its parents, subsidiaries, partners, affiliates, officers, directors, employees and agents, (collectively, the “Junattraction parties”) disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) Junattraction disclaims liability for any statements, representations, or content provided by its users in any public forum on the sites or any third-party site, including without limitation through social media and networking platforms.
c) Without limiting the foregoing, we make no warranty that (i) the services or products will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any services, products or information purchased or obtained by you from or though us will meet your expectations.
d) The services can include technical or other mistakes, inaccuracies or typographical errors. Furthermore, the information or services on this site or app may be out of date. We may make changes to the services, products and information on this site or app, including the prices and descriptions of any services or products listed herein at any time without notice, however we have no obligation to do so.
e) The Junattraction parties do not warrant that the services or the servers that make the service available will be free of viruses or other harmful components, or that any product description or other content offered as part of the services, are accurate, reliable, current or complete.
f) You expressly agree that your use of the service and our products is at your sole risk. If you download any content from the service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any content through the service.
g) We reserve the right to restrict or terminate your access to the service or any feature or part thereof at any time.
h) Some states or other jurisdictions do not allow the exclusion of implied warranties, so some parts of the above exclusions may not apply to you.
6. LIMITATION OF LIABIITY
a) no event shall we be responsible to, or liable to you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any personal injury to you or others, or loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our services and products; (ii) your breach or violation of the terms and conditions of this agreement; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) your downloading of any of our content or the collective work for your use; or (v) your reliance upon or use of our products, content or the collective work, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages.
b) This limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in our services or received through any links provided in our services.
c) Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
d) Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of this agreement shall not exceed the amounts actually paid by user in the purchase or transaction giving rise to such claim descriptions of any services or products listed herein at any time without notice, however we have no obligation to do so.
e) You and we agree that any cause of action arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
f) Certain state or jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
a) You agree that you will be personally responsible for your use of the Service and products you purchase from us; and you further agree to defend, indemnify and hold harmless Junattraction and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with, (i) your access to, use of or alleged use of the Service or the products you purchase through the Service; (ii) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services or products purchased though the Service; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation.
b) We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
a) By using Junattraction products and services, you agree to accept full responsibility for all results and outcomes, and you further agree to release, to the maximum extent allowed by law, Junattraction, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether in contract, warranty, tort (including negligence) or otherwise, arising out of, or in any way connected with, your use of our products or services, including without limitation, any death or serious emotional or physical harm.
b) If you are a California resident, you waive California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9. GOVERNING LAW
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of California in and for the County in which Junattraction has established its principal office.
10. OUR REMEDIES
a) You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b) For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of California in and for the County in which Junattraction has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
11. DISPUTE RESOLUTION
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with Junattraction, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If Junattraction has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
a. Claims. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
b. Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
c. Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
d. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
e. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
f. Judaical Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of California in and for the County in which Junattraction has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of California; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California.
12. LAW ENFORCEMENT
a) Junattraction is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Junattraction receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b) Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Junattraction may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Junattraction will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
13. SATUTORY RIGHTS: NOTICE TO CALIFORNIA RESIDENTS
f you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
14. AMENDMENTS TO AGREEMENT
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
16. ENTIRE UNDERSTANDING
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at email@example.com