Jake & Ella’s Terms of Use Agreement
This Terms of Use Agreement sets forth the standards of use of Jake & Ella’s Online Service. Jake & Ella is a division of Chinaberry Inc. Future references to Jake & Ella include Chinaberry Inc. By using the jakeandella.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease using this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Jake & Ella is providing you with the ability to purchase toys, books, clothing, natural health products, home and garden products, and products for parents. You must provide (1) the equipment for your Internet connection, including computer and modem and (2) provide for your access to the Internet and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The site is provided by Jake & Ella on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Jake & Ella makes no representations or warranties of any kind, expressed or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Jake & Ella shall have no liability for any interruptions in the use of this website. Jake & Ella disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
JAKE & ELLA SHALL NOT be liable for any damages whatsoever, and in particular Jake & Ella shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Jake & Ella has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS are INAPPLICABLE.
4. Indemnification
You agree to indemnify and hold Jake & Ella, its parents, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Jake & Ella reserves the right to modify or discontinue the Service with or without notice to you. Jake & Ella shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Jake & Ella makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Jake & Ella makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
9. Compliance with Laws.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Chinaberry Inc., with all rights reserved, or is the property of Chinaberry Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Chinaberry Inc. is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Chinaberry Inc.
Jake & Ella™ and jakeandella.com™ are proprietary marks of Chinaberry Inc. Chinaberry’s trademarks may not be used in connection with any product or service that is not provided by Chinaberry, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jake & Ella or Chinaberry.
All other trademarks displayed on Jake & Ella’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Jake & Ella.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512c of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, jakeandella.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Ann Ruethling
Chinaberry Inc.
2780 Via Orange Way, Suite B
Spring Valley, CA 91978
By Telephone: (619) 670-5200
By Email: accounting@chinaberry.net
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Jake & Ella, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us.
Effective Date: This Terms of Use Agreement was last updated on March 17, 2010.
