Terms & Conditions
Last modified: February 14th 2019
1. Acceptance of Terms
Welcome to JLE Webdesign, LLC. These Terms and Conditions (“Agreement” or “Terms”) govern your use of the website located at www.jlecreations.com (“Website” or “Site”) owned and operated by JLE Web Design, LLC in accordance with the state laws of California and federal laws of the United States of America.
Any reference in this Agreement to “You,” “Your” or “User” refers to you, an individual, group or entity and any reference in this Agreement to “Company,” “We,” “Us” or “Our” refers to JLE Web Design, LLC.
2. Additional Terms
Some Services offered by the Company may require you to agree with and accept additional terms and conditions than those stated in this Agreement. When you use services that are governed by additional terms and conditions, you expressly agree to abide by those terms. In the event of any conflict between these Terms and those governing your rights and obligations for a specific service, the terms governing your use of specific service will take precedence.
We do not target our Website to Users under the age of 18 years. By accessing our Website and content we share on our social media pages, you represent and warrant to the Company that you have the capacity to enter into legally binding Agreement in your country or state of current residence.
PLEASE NOTE – IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OUR WEBSITE AND PROVIDING ANY PERSONAL INFORMATION TO US THROUGH THE WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM USERS UNDER THE AGE OF THIRTEEN YEARS.
We reserve the right, in our sole discretion, to add, modify, remove any part of the Website without giving any prior notice to you. Any changes in features and functionality of the Website will become effective from the date of implementation. From time to time, the Company may be required to update this Agreement to reflect our new business practices or to comply with changes in applicable laws. Where we make any amendments to this Agreement, we will notify you by updating the last modified date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself with any material changes. You hereby release the Company from any liability arising from your failure to review such modified Terms.
5. Information Disclaimer
ALL INFORMATION AND CONTENT ON JLE WEB DESIGN WEBSITE, INCLUDING BUT NOT LIMITED TO BLOG POSTS, REVIEWS AND COMMENTS ARE MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL REASONABLE STEPS TO CONFIRM THAT ALL INFORMATION ON OUR WEBSITE IS ACCURATE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION.
THE WEBSITE CONTAINS VAST AMOUNT OF CONTENT AND ERRORS ARE POSSIBLE. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR INACCURACY OF ANY INFORMATION ON THE WEBSITE.
IN THE EVENT YOU IDENTIFY ANY ERRORS, OMISSIONS OR INACCURACIES ON OUR WEBSITE, PLEASE BE SO KIND TO INFORM US AT JELIAS@JLEWEBDESIGN.COM OR THROUGH THE CONTACT FORM ON OUR WEBSITE AND PROVIDE US THE LINK TO THE PAGE WHERE YOU FOUND THE ERROR, OMISSION OR INACCURACY.
ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
6. Intellectual Property
Unless expressly stated otherwise, all content available on the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute a violation of intellectual property law.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or any other User Generated Content (“Third Party Intellectual Property”) that you do not have rights and licences to use. You understand that any use of Company Content or any Third Party Intellectual Property on any other website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a revocable, non-exclusive, non-transferable license to use the Website as set out in this Agreement.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
7. Acceptable Use Policy
You hereby agree that you will only use the Website in compliance with our Acceptable Use Policy, you specifically agree that:
- You will not use the Website for conducting any unlawful, illegal or prohibited activity;
- You will not use the Website for any commercial purpose without the express written consent of an authorized Company representative;
- You will only use the Website in compliance with all applicable laws and regulations;
- You will not post, share or promote any content on the Website that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or in any way violent, pornographic, sexually explicit, defamatory, suggestive or illegal;
- You will not breach any terms and conditions of Third Party applications or tools used by us to deliver our Services to you;
- You will immediately notify the Company of any issues that you encounter during your use of our Website;
- You will not post or upload any content that infringes the intellectual property rights of another person or entity;
- You will not modify, adapt, translate, or reverse engineer any portion of the Website;
- You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;
- You will not reformat or frame any portion of the Website without the express written consent of the Company, which may be declined in our sole discretion;
- You will not post or submit any content or material on any website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;
- You will not transmit any viruses, trojan horses or other code of a destructive nature;
- You will not copy or store any content offered on the Website for other than your own personal use;
- You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- You will not reproduce, distribute, display or make available any data, information or part of the Website to any third party without the express written consent of an authorized representative of the Company.
8. Copyright Policy
We respect the intellectual property rights of others and do not condone any intellectual property law violation.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Website, without your authorization, please contact us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
- Description of the original content that is claimed to have been infringed;
- Your contact information including your name, email address and phone number;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
A statement by you that all information provided by you to us is accurate and complete.
9. User Suggestions
If you have ideas or suggestions on how we can improve our Website, please feel free to share your views with us by sending us an e-mail at the address below. Please note that when you submit your suggestion/ideas, you are granting us full and exclusive rights, at our discretion, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our current product line or creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
10. Disclaimer of Warranties
The Website is provided to you on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.
The Company and its officers neither represent nor warrant that:
(a) the Website will be uninterrupted, error-free or completely secure;
(b) available at any particular time or location;
(c) any defects or errors will be corrected;
(d) any content available at or through the Website is free of viruses or other harmful components; or
(e) the results of using Website or information provided therein will meet your requirements.
THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF THE WEBSITE.
The Company reserves the right to withdraw in part or whole the Website from public access at any time for any reason.
11. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law.
Notwithstanding the foregoing, the Company, its directors, officers, employees, shareholders and agents shall not be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in procurement of substitute services or indirect, incidental, special or consequential damages, arising from our related to your use of the Website or failure to use the Website. This limitation of liability shall apply to the fullest extent permitted by applicable law. In the event the Company is found to be liable, such liability shall be limited to a maximum amount of fifty USD.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR WEBSITE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE WEBSITE AND OUR SERVICES IN LOCATIONS OTHER THAN THOSE LISTED ON OUR WEBSITE.
You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, asserted by any third party against you as a result of:
(i) Your access to the Website,
(ii) the violation of these Terms by you, or
(iii) the infringement by you of any intellectual property or other rights of any person or entity.
13. California Civil Code Waiver
You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of the Website. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
14. Contact us
All headings are included for reference only and shall have no bearing on the interpretation of this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with the laws of the State of California without regard to any conflict of law provisions. The User and the Company both agree to submit to the exclusive jurisdiction of the courts of the State of California and consent to bring any matters associated with or arising from this Agreement exclusively in the County of Sonoma.
No Class Action
All claims between the parties related to these Terms will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Website or any Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.
The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party without the express written consent of the Company.
If applicable law finds that any provision of this Agreement is unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.