Terms & Conditions
JESSAKAE TERMS OF SERVICE
THE FOLLOWING AGREEMENT BETWEEN YOU AND JESSAKAE COVERS THE TERMS OF SERVICE (“AGREEMENT”) FOR THE JESSAKAE PRODUCTS, SOFTWARE, AND WEBSITE(S) INCLUDING WWW.JESSAKAE.COM (COLLECTIVELY KNOWN AS THE “SERVICES”). IT IS IMPORTANT FOR YOU TO READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE” YOU ELECTRONICALLY CONSENT THAT THESE TERMS APPLY TO YOU WHEN ACCESSING OR USING THE SERVICES (INCLUDING ORDERING AND RETURNING ANY PRODUCTS).
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS WITHIN THIS AGREEMENT
This site in its entirety is owned by JessaKae, LLC a Utah Limited Liability Company doing business as “JessaKae.” Reference to the terms “JessaKae”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by JessaKae, LLC. “You”, “your”, or “user” refers to, you, the person or entity entering into this Agreement with us or using any Services offered by us.
The name “JessaKae,” the design of the JessaKae Services along with JessaKae created products, text, photos, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to JessaKae. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. JessaKae reserves all rights to the Marks not expressly granted.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by JessaKae are only available to individuals 13 years or older, each user may only create one account. If you are under the age of 18 a legal guardian or parent must assist you in establishing an account and your legal guardian or parent must agree to this Agreement. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices. JessaKae reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. JessaKae’ services and its related features may not be available in all languages and/or all countries. Given this possibility, JessaKae makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. JessaKae reserves the right to change, remove, modify or adjust the Services offered or the terms of this Agreement in its sole discretion and at any time. JessaKae will make best efforts to communicate such changes, modifications, and/or adjustments to you. Continued use of the Services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to JessaKae’s changes, modifications, and/or adjustments you must terminate your use of the Services immediately and notify us.
2. SERVICE FEATURES
A. Merchandise Purchases—(Terms of Sale and Risk of Loss). JessaKae website(s) allow a registered user the ability to purchase specific merchandise through our online store. We solely determine what merchandise will be sold through our site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time (collectively “Offers”). We have the sole discretion to honor any Offers and Offers may only be used once per person and we reserve the right to process any Offer where we suspect that you have used such Offer in a manner that is not in conformance with our internal Offer policies. Specifically, may not sign up for additional Offers using different email accounts and redeem any such Offers. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by JessaKae. We retain the right to refuse any request to purchase made by you for any reason whatsoever.
Prior to JessaKae accepting any order, we have the right to verify any information you send to us. JessaKae reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, JessaKae reserves the right to limit the number of items ordered and to refuse to provide Services to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, JessaKae shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed.
We make every effort possible to display as accurately as possible the colors of our products that appear on the website; however, the actual color you will see will depend on many factors, including the lighting conditions under which the picture was taken and the resolution of your computer monitor, and we cannot guarantee that your computer will accurately display our colors. Please be aware that all photos of any products on the Services are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Services, it is possible that some photos shown on our Services may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Products are available while supplies last. All prices and products advertised are subject to change. Although we try to keep all products on our Services available and on hand, there may be times where such products or specific sizes or colors, are unavailable.
All prices displayed on the Services are quoted in U.S. dollars.
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER. We do not offer refunds if you fail to receive a product after we deliver it to the carrier. If you fail to receive a product within 7 business days, please contact us at support@jessakae.com.
3. INTERNATIONAL ORDERS
If actual shipping costs exceed the amount to ship your order JessaKae reserves the right to cancel the order or to request additional funds (invoiced via PayPal) to cover the overage amount to ship the order.
For more information please view our shipping policy HERE
Find the full return policy for international orders HERE
Any expenses due at customs (taxes and duties fees) are your responsibility. Please contact your local customs office or use an online tool (i.e. https://www.dutycalculator.com/iframe-calculation) to calculate the approximate fees that you may incur. Please email us at support@jessakae.com if you have any questions. JessaKae cannot be responsible for any duties, import taxes, custom fees, or other issues with international shipping, you agree to release us from any liability related to any international shipping issues that you may encounter.
4. ACCOUNT REGISTRATION
In order to fully enjoy the JessaKae services, you must become a registered user by establishing a valid account. You agree and acknowledge that you will take precautionary measures to secure your account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify JessaKae immediately. Although JessaKae will exercise reasonable care with respect to our security protocols, JessaKae is not personally responsible for losses that may arise from the unauthorized use of your account. We reserve the sole right and discretion to grant or allow you to continue to use any accounts registered by you.
In order to access and use our Services, you must enter your information as requested to authenticate the account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use or violates any trademark or copyright. Usernames that are vulgar, obscene or offensive will violate the terms of this Agreement and result in account termination.
Although we take reasonable measures to protect our account holders, you expressly agree that you and you alone are responsible for any activity in your account whether or not authorized by you, including purchases made using any payment instrument (for example, PayPal, credit card, or social network or platform virtual currency). We provide the Services including the online shopping community , however, you must provide the necessary equipment (phone, computer, tablet device, etc.) and pay any associated fees to access the Services.
5. USER CONTENT AND CONDUCT
A. User Content. A user’s ability to submit or transmit any information through the Services, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Services will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Services may be modified, edited, or removed at our discretion. JessaKae does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Services you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant JessaKae, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Services. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Services.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly agree to refrain from using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). JessaKae reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available User Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by JessaKae (including using the means described to stalk, harass, or intimidate another);
4) request as an adult using the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) engage or plan any illegal activity and/or store and collect personal information of users of the Services for any prohibited activities as described in this Agreement or our internal usage policies.
C. Content Removal. JessaKae does not claim any responsibility for the User Content that others may provide nor is JessaKae bound to pre-screen all User Content submitted via the Services. However, JessaKae reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove User Content it determines to be in violation of this Agreement.
D. Access to User Account and Content. JessaKae intends to enforce this Agreement to the fullest extent provided by law. As part of that process, JessaKae reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that JessaKae has the right without limitation to use, access, store and/or disclose your account information n and related User Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that JessaKae believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of JessaKae, its users, a third party(ies), or the public as permitted by law.
By using the hashtag #JessaKae or by submitting photos to JessaKae through any means, you grant JessaKae and its affiliated entities a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, distribute, and publicly display the submitted photos in any marketing materials, on our website, and through our social media channels.
You represent and warrant that you own the rights to the content submitted and that the use of the content by JessaKae does not infringe upon the rights of any third party. You further agree to indemnify and hold harmless JessaKae from any claims arising out of the use of the submitted content.
JessaKae reserves the right to modify, adapt, or remove any submitted content for any reason, without notice. We appreciate your contributions to our community and thank you for being a part of the #JessaKae experience!
If you do not agree with these terms, please refrain from using the hashtag #JessaKae or submitting photos to JessaKae.
E. Agreement Violations.JessaKae makes best efforts to remove inappropriate or objectionable User Content that violates this Agreement. If you encounter inappropriate or objectionable User Content while using our services, please report it to us at support@jessakae.com
F. Limited License from JessaKae to You. Any content owned by us accessed on the Services shall be referred to as “JessaKae Content''. You are hereby granted a non-exclusive, limited and revocable license to view the JessaKae Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or web pages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the JessaKae Contentand/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in this Agreement. All rights not explicitly granted by us are reserved.
6. TERMINATION
A. User Termination. You may delete your user account and stop using the JessaKae services at any time.
B. JessaKae Termination. JessaKae may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by JessaKae shall be made in its sole discretion and JessaKae will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the Services and any account portions thereof including any User Content. After a period of time, as determined by JessaKae, all data and information stored via your account may be deleted.
7. LINKS AND THIRD PARTY MATERIALS
As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to third party content, resources, or websites. Because we have no control over third parties and their related materials, you acknowledge and agree that JessaKae shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. PAYMENT TERMS
JessaKae may allow you to purchase items through our Services. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge the full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Services you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
A. Chargeback Policy
Please be aware that chargebacks are not allowed. If a chargeback is initiated by you it is at JessaKae’s discretion to pursue any and all action against you including legal action for any fraudulent claims or forwarding your information to legal authorities. An automatic fee of $50 will be applied to all chargeback amounts initiated by you plus any additional costs incurred by JessaKae to recover the outstanding debt, including any legal, collection, and administrative costs.
Being in possession of purchased goods and initiating a chargeback is considered theft and fraud and we will pursue all offenders to the fullest extent of the law.
B. Shipping, Return, and Exchange Policy
At JessaKae we want you to be satisfied with any products purchased and we offer the following policies for any products purchased.
Shipping Policy: https://jessakae.com/pages/shipping
Return Policy: https://jessakae.com/pages/returns
Refund Policy: https://jessakae.com/policies/refund-policy
The policies are subject to this Agreement. We have a customer service department (support@jessakae.com) that is there to make sure all of your questions and concerns are handled. If you have any questions or concerns regarding our policies please contact us immediately.
C. Credit Card Declines
Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
D. Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes, including, but not limited to, any customs fees and/or import duty. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
9. BILLING SUPPORT
For billing support, please contact us at support@jessakae.com
10. DISCLAIMER OF WARRANTIES
A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SERVICES, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
B. JESSAKAE DOES NOT WARRANT THAT THE SERVICES, ANY SERVICES OFFERED, OR ANY PRODUCTS OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, OUR SERVICES, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JESSAKAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE SPENT ON YOUR PURCHASES VIA THE SERVICES OR ONE HUNDRED US DOLLARS ($100 USD), WHICHEVER IS GREATER. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY JESSAKAE’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
12. INDEMNIFICATION
As a requirement to use our services, you expressly agree to defend, indemnify, and hold JessaKae and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any User Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that JessaKae determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
13. GENERAL PROVISIONS
A. Notice(s). As part of our regular update policies, JessaKae may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our Services. However, you acknowledge and agree to hold JessaKae harmless from any and all notification transmission errors.
Any notices required to JessaKae under this Agreement shall be sent to: JessaKae, LLC located at
14725 Porter Rockwell Blvd
STE G, Bluffdale, UT 84065
United States of America
B. Governing Law. This Agreement between you and JessaKae shall be governed by the laws of the State of Utah excluding its personal conflict of laws provisions. By using this Services, you agree that: (1) any claim, dispute, or controversy you may have against us, JessaKae or the Services arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Salt Lake City, UT or at such other location as may be mutually agreed upon by you and JessaKae; (3) the arbitrator shall apply Utah law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or JessaKae ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor JessaKae shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org.
OPT OUT: You may opt-out of this dispute resolution provision by notifying JessaKae within 30 days of the date on which you entered into this Agreement or purchased any product from our Services, whichever is earlier. You must do so by writing to JessaKae, LLC located at
14725 Porter Rockwell Blvd
STE G, Bluffdale, UT 84065
United States of America,
attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with JessaKae through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Salt Lake County, UT.
CLASS ACTION WAIVER: You and JessaKae agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and JessaKae. This Agreement governs your use of JessaKae Services and replaces any other prior agreements between you and JessaKae in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If JessaKae does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. Force Majeure You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.
E. Electronic Contracting. You acknowledge and agree that your use of the Services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSION OF INFORMATION TO JESSAKAE ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY.
F. Severability. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with JessaKae are deemed to conflict with each other’s operation, you agree that JessaKae shall have the sole right to elect which provision remains in force.
G. Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
H. Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, arbitration, User Content, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Services and may terminate our Services at any time and for any reason.
I. Termination of Agreement. You may terminate this Agreement by notifying us at support@jessakae.com. We may terminate your access to the Services or this Agreement if we determine that: (1) you have violated any applicable laws while using our Services; (2) If you have violated this Agreement or any other of our Services policies; or (3) if we believe that any of your actions may harm the JessaKae Services or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
J. Assignment. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
K. Amendments. We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Services.
L. DMCA Policy. We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
Your name;
- The name of the party whose copyright has been infringed, if different from your name;
- The name and description of the work that is being infringed;
- The location on our website of the infringing copy;
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: JessaKae, LLC located at
14725 Porter Rockwell Blvd
STE G, Bluffdale, UT 84065
United States of America,
or via email: support@jessakae.com. All counter notices as required under law may be sent in the same fashion.
M. California Users. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about JessaKae must be sent to JessaKae, LLC located at
14725 Porter Rockwell Blvd
STE G, Bluffdale, UT 84065
United States of America,
or via email: support@jessakae.com . Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
